HomeMy WebLinkAboutContract 28543CITY �ECRETA�Y `
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General Puruose
Title II of the Health Insurara,�e..�'o�t�a,�i�.ty an.d Accounta:biTity Act of 1996 (HIPAA) and the
Standards for Privacy established b� the Department of Hea�th and Human Services require the
City of Fort �Vorth to obta;in satisfactory asswances from its busansss associate that the business
assoc��te �ll �ppropriately safeguard the protected health informa:tion it receives ar creates on
behaif of the cavered entity.
De�nitia,�s
Catch-�11 de�nition:
Terms used, but not otherwise defined, in this Agreement sha11 have the same
meantng as those terms in the Privacy Rule.
St7ecific de�sn�tions:
a. Business .Associate. "Business Associate" shall mean Cover-Tek, Inc.
b. Co�ered Entity. "Covered Entity" shall mean City af Fort VVorth.
c. Individual. "Individual" sha:ll have the same meaning a.s the term "in.clividuat" in.
45 CFR § 164.541 and shall include a person who qualifies as a personal
representative in accordance with A�5 CFR § 164.502(g).
d. Privacv Rule. "Privacy Rute" sha11 mean the Standazds for Privacy of Individually
Identifiabie �iealth Information at 45 CFR Part 160 and Pa�t 1b4, Subparts A and
E.
e. Protected Health Information. "Protected.Health Informa.tion" shall ha.ve the sa.me
meaning as the tez�zn "protected health information" in 45 CFR � l 64.5Q�,limitec�
to the in%rmation created or received by �usiness Associate fram or on behalf of
� Covered Entity.
f. Reau�'ed Bv Law. "Required By Law" shall have the same mea3ung as the term
"required by law" in 45 CFR § 164.501.
g. 5ecretarv. "Secretary" shall m�an the Secretary of the Department of Health and
Human Services or his designee. ,
Considerat�o�'
Covered Entity is.obligated und:�r f�d�ral law to secure from Business Assaciate the
representations and covenants, as set forth herein, in order to coniinue Covered Entity's
business relationship with Business Associate. The parties to this agreement
acknowledge, therefore, that the continuation of the business r�lationship in com� liance
with federallaw consritutes gaod and valua,ble consideration iar th.is representat�Q� ��
covenants containeci herein. '
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The parties acknowledge t.hat a.ny pre-existing agreements between the parties is �ot
superseded by or rnergefl into this contract. To the extent that this Business Associate
Contract conflicts with the terms of a.ny other agreement between the parties, the terms of
tlus Business �issocfate Contract coutrol.
Ubl��ations �nd �c.�i�iiies nf Business Associate
a. Business Associate agrees to not use or disclose.Protected Health Information other than
as permitted or required by the Agreement, the Privacy Rule, or as Required By Law.
b. Business Associate agrees to use appropniate safeguard:s to prevent use or disclosure of
the Protected �Iealth I�f{�a�fln other than as provided for by this Agreem�nt.
c. Business Associate agrees to miiigate, to the extent pra��ble, any h�rmful effect that is
kr�ornm �o Business Assaeiaie of a:use or c�sclosure of Pr�tected Health Information by
Business Associate iu viola�ion of the requsre�aents of tbis Agreement.
d, Business Associate agrees to report to Covered Enti.ty any use or disclosure ofthe
Protecfied Health Ini'ormativn not provided for by tbis Agreement of which it becames
aware.
e. Business Associate agrees to ensure that any agent, including a s�bcontractor, to whom it
provides Protected Healtiz Information received from, or created or received by Business
Associate on behalf of Covered Entity, agrees to the sa�,ne restrictions anci conditions that
�pp1y thro�gii this A.greement to Business Associate witla respect to such information.
f. Business Associate agrees to provide ace�ss, �t �he request of Covez�ed Entiiy, .and in the
time and ma.nner as negotiated for genera.l consulting services, to Protected Health
Inforrnation in a Designated Record Set, to Covered Entity or; as directed by Covered
Entity, to an Individual in order to mee� the xequirements �ta��r 4S CF,R § 164.524.
g. Busine�s Associ�te agrees to make any amendmen#(s) to Protected Health Lnfor�nation in
a Designated Record Set that the Covered Endty directs or agrees to pwrsuant to 45 CFR
§ 164.5�6 at tke request af Cavered Entity or an-�c�evidta�rl, and in the t�me and manner
as negotiated f.or genea-al..c�rr�ss�uiting services.
h. Business Asso:ciate agrees to make internal practices, bo,aks, and r.ecords, including
policies and procedures and Prot�cted I�eaIth Tnformation, relating to the use and
disclosure af Protected Hea.ith Informa.tion received from, or created or received: by
Business Associate on b�half of, Covered Entity a�.ail�tble to the City ofFort Worth, or to
the 5ecretary, in a time and manner as negotiaied far general co.nsultang services or
designated by the Secretary; for purp�s�s of the Secretary determzning Covered Entity`s
comgliane�e with the Privacy Rule.
i. Business Associate agrees to document such disclasures .o�Frotected H�alth Information
and information related to such disclosures as would be requixed for Covered Entity ta
respond to a request.by an Individual for an accoun.ting of disclosures of Protected Health
Tnformation in accordance with 45 �FR § 164.528. .- -
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j. Business Associate agrees ta provide tn Covered Entiiy or an Tndividual, in �i� ��d ;, ��
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manner as negotiated for general cansulting services, information collected in accordance
with Pravision (i) of this Agreernent, to permit Covered Entity to respond to a request by
an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR § 164.528:
Perm��jted Uses ��d Air�ctostirest �v �usiness Asssocia�e:
General Use. and Il}selas��e g�4�iFs�
a. Refex to �and�rlvin� sernices a�areement:
Except as otherwise limited in tl�is Agreement, Business Associate may use or.dis�lose
Protected Health Informatian to perform functions, activit�es, or services for, or +�n behalf
of, Covered Entity as specified. in Purchase Cirder for Health Screening Services for the
City of Fort Worth, Heal�thy Challenge Wellness Program, pravided that such use or
tiisclosure w��;.id �at viola�ie the Frivacy Ruie if done �y Covered En�ty ar the minimum
necessary policies and procedures of the Cowered Entity.
Pernaitted Uses and Disclosures �v �asiness. Assrneiate: �ue�ific Use �end Disclosure
ProY�sions
a. Except as otherwise li.mited in this Agreement, Business Assoc�ate may use Protected
Health Information for the prope� management and administration of the Business
A.ssociate or to carry out the legal responsibilities of the Business Associ�.te.
b. Except as otherwise lirn.ited in this Agreement, Business Associate �:ay disclose
Protected �-iealth Information for the proper xnanagement and adzninistration o� the
Business Associate, provided that disclosuz�es are Reguir�d By La.w, or Business
t�ssociate obtains reasonabie ass�rances from.the person �o whom. the in�'orma.tion is
disclosed that it will remain confidential and used or furthez disclosed only as Required
By Law or for the purpose for which it was disclosed to the person, and the �erson
notifies the Business Associate of any instances of whi.ch it is awa.re in which.the
con�'iden�iality of the information has been breached.
c. Except as otherwise limited in this Agreement, Busi�:ess Associate may use Protected
Health Informari�n to provide Data. Aggr�gation services to Covered Entity as pernutted
by 42 CFR § 164.504(ex2xi)(B).
d. Business Asso.ciate may use Protected He.�1tJa Information to report violations o� law to
appropriate Federal and State authorities, consistent with § 164.502(j)(1).
Obli�a�ians a���ow��,��_Ent�iy_
Restrichons r Covered Entity to,Inform Business Assu�iate of Privacv Pr�crices and,
a. Covered Entity shall notify Business Associate of a.ny limita.t�on(s} in it� i�l��-�rr�,� �� ---�
practices af Covered Entity in accordance with 45 CFR § 154.520, to t�' �xt� It�ii'. .��
limitatian may affect Business Associate's use or disclosure ofProtect I�e�� ,
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In�Eormation.
b. Covered Entity shall notiiy Business Associate of any changes in, or revocation of,
permission by Individe�ai to use or disclose Protected Health Informatinn, to the extent
that such changes may a£fect Busin.ess Associate's use or disciosure of Protected Health
Informat�on.
c. Cov�red E�rity sl�all notify Business Associate vf a.n.y restriction to the use or dise�osure
of Protected Health Information that Covered Entity has agreed to in accordance wi#h 45
CFR § 164.522, to the extent that such restriction may affect $usiness Associate's use or
cli.sclosu.re of Pro�ected Heaith. Informat�o�.
P+erm��ssible Repuests ibv �CBvered Entity
Covered �ntity shall uot request Business Associate to use or disclose Protected Health
Information in any manner that woutd not be pemzissible under the Privacy Rute if done by
Covered Entity.
Term aad Term�nation
a. Term. The Term of t�is Ag�eement shali be effect�ve as 4f Agri1 14, 2003, and. sha1�
terminate when alI of the Protected Health Information provided by Covered Entity to
Business Associate, or created or received by Busin.ess Asso�iate on behalf of Covered
Entity, is destroyed ox returned to Cov�x�c1 Entity,.or, ifit is infea.sible to return or
destroy Protected Health Information, protections are extended to such information, in
accordance with the termination p�ovisions in. �his Section.
b. Termination for Cause. Upc�n Covered Enti�tyts �p�wJ,edge of a r�ateria� breach by
Business Associate, Covered. Entity shall eitker:
1. Provide an oppoz�tuni.ty for Business Associate to cure tbe breach or end the
violation and terminate this Agreement if Business Associate does not cure the
bzeach ar end the vzalaiaon witJ�.in the ti.me specified by Covez�ed Entiii�ty;
2. Immedia.tely terminate this Agreem.ent if Business Associate has breached a
material term of this Agreement anci cure is not possible; or
3. If IIe�ther tsrm�nation nor cure is feasible, Covered Ern;ity sk�ll report the
violation ta tlze Secretary.
c. Effect of T�iriation.
l. Except as provided in p�ragxaph (2) o£ this section, upon termi.nati,on of this
Agreement, for any reason, �usiness �ssociate sha11 return or des�roy a11
Protected Healtb� Information received from Covered En�ity, or created or
received by Business .Associate on beh�.tf of Covered �ntj.ty. This provision shall
apply to Protected i-iealth In%rmation that is in �he possession of subcontractors
or agents oiBusiness Associate. Business Associate sha11 retain nq ��aaes czft�_ _
Protected I�ealth iz�ormation. - � � : . _ _ _ _ .
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2. In the event that Business Associate determines that retuxn�ng or stl�z�ing .� ,, `., ��
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Frotected Health Informa.tion is i.nfeasible, Business Associate shall provide ta
Covered �ntity notification of the conditions that rnake return or destruction
infeasible. Upon event of return or destruction o�Pxotscted Health Information is
infeasible, Business Associate shall. extend the protections of this Agreement to
such Proteeted �Health Information and limit further uses and disclosures of such
Protected Health Informahon to those pwrposes that make the return or
destnzction infeasible, f.or so long as Business Associate mai�tains such Protected
Health Information.
1Vi�scellaneous
a. Re�ulatory Refer�nces. A reference in this Agreemeixt to a sectian in the Privacy Rule
means the section as in effect or as ar�iended.
b. F�anendm.ent. '�'he Parties agY:ee to take such action as is necessary to ann.end this
Agreement from time to time as is necessary for Covered Enrity to comply with the
requ�irements of the Privacy Rule and th� Health Inswance Portability and Accountability
Act of 1996, Fub. L. No. 1Q4-141.
c. Survival. The respective rights and obligations of.Business Associate under Section C of
this Agreement shall survive the termination of this Agreement.
d. Interoretation. Any ambiguity in this Agreement shall be res�lved to permit Covered
Entity to coraply with the Privacy Rule.
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City of. Fort VVorth:
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