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Home My WebLink AboutContract 28545�!T'Y ��^�� ,/� C�I��,�,�3�,� �. ��`f� _..... �.W� Amendment to the Administ�•ativc Services Agx•eenaent {"Ag�•eemenf") rnade by and between United HealthCare I�3surance Company ("United HeaitltCax•e"} and tlte Contractholder s�own below. Contractholder: City of Fort Worih Effective Date of Amendment: Agril 14, 2003 In this amendment, `Our, Us, �nd We' mean United HeaIthCare Insurance Con�pany. The words nlay o� ��ay ziat be capitalized. In this �xnendznent, `You, Yaur, anci Plan' means City of Fart Worth Errployee Benefit �lan Tl�e Adznizustrative Services Agreement is amended on the date shown abave as follows: 1. 5ection 1- Definitians - of the �lgreement is ame�ticied, to delete the term "Canfdential Participaiit Information" and to �dd tlie followiug herms and definitian; PHI is 1'rotected Health lnformation, as defined und�r tt�e privacy regulations issued pursuarit to the Heallh Insurance Portal�ility and AccountaUility Act ("HIPAA"}, we recei've iratn or on Uehaif of Plan. All references ui the Agreement to "Confidenlial Participant Infoi�nation" are rep�aced witb PHI. 2. Section 3.4 of the Agreeznent is �i3lended as fotlows: Section _ PHI �nd Proprieta�y Business Information, Proprieta�y Busi��ess Inforination aud P�iI wi[l be tised solely to admiuisier the Plan or to perfonn under this Agreement. PHI and Proprietary Business Iitfo�-tnation wiq noc be clisclosed to aiiy l�ersan o�' entiry othe�� tlia�� eithe►• party's employees, su6cont��lctars, o�• represenratives nee�iing access to sric[� inforn�atian to administer the Plan ar perform nnc�er this Agreenlent. (a) Additional Permissible Uses. We may also use PHI for the following: (i} {ii) (iii) (iv) i• �+' + i � � ___. � �� .:;� � ,�� . . our prop�r management and administration and io fixlfill any �resent or fiiture legaI responsibilities; disclose the PHI to third parties for the pUrpose of our �roper ir�anagemenf and adminishatian or to fiilfi�ll any preseilt or fuhue legal respansibilities; pzovided, k�owever, that the disclosu�es are reqL�ired by lavv or we l�ave t•�ceived from Ihe tllird pa�ty writtei� assm•ailces t17at fha infa�niation will be held confid�ntz�ily and Lised or fiirtller disclosed only as req�tired by law or for the ptupose for t�+hic11 it w�s disclos�d to the third party; and the third party vvi11 noYifjr us af any instances of which it becoines aware in which the canfidentiality oitlie information has beeii breached; aggregate t�i� PHI as peiznitted under HIPAA; d�-id�iitify �ny and all PHI provided that we de-identify the infonnatioiz in accordanca with HIPAA. De-identiiied information does not constitute 1'HI, is not subject to the terms and conditions of this 5ection _, may L�e �zsed by tits ar a related e�tity for research, creating conlparat�� r�y«��5�s; i itit9� � '� �$ t�t`'�(J ��_. , , �� ..�.r� �� =:� statistical analysis, or ot�er studies, and is cansidered by us tn i�e Proprietaty Business Informatian; (v) use, or disclose to a related entzty, PHI for �esearch, as defined under �e privacy regulations issued pursuant to HIPAA, including but �ot li�nited to �rojects fnr tl7e�•apeutic outcaines research, and %r epidemiological studi�s. We will obtain and maintain, on behalf of Plan, any consents, autharizati.ons or apprQvals that may Ue required by applicaUle federa] or state laws and re�ulations %r use or disclasure of PI-II for sucll puiposes. We will rnaintain Cl1e coniidentiality of such info�natioil as it relates to any individual P�rticipant, provider, or your busiuess, The researci�, datciba�es, anakyses, and studies are considered by us to be Praprietary BL7suzess Inforinafiion; and (vi) create or use, or disclose to a related entity to create or use, limited data sets as pe�-znitted under HIPAA. We also may diselose limited data sets to a related entity, you or your vendors at your direction, provided however, we agree we shall 1'zn�it use of the limited dafa sets to research, health care operations or �ublic health �u�-�oses and ftirther agree: {1) Not nse or fi�rther disclose t11e limited data sets other than as pei�niited Uy this A�eenient or as otherwise required by law; � (2) Use ap�ro�riate safeg�.iards to prevent use Qr dise�osi�re of the lunit�d da�a sets other than �s provided far Uy this Agreement; (3} Report ta you any use or disciosure of the limited data sets not provided �or by this Agreeinent of �vhick� we become aware; (4} Enstue that any agents, including a subcontractor, to whom we pi-ovide the limited data sets agrees to the same reshictions and conditions that apply to the lirnited data se� recipient with respeet to such infar�nnation.; and (5} Nat identify the limited data sets or contact the individuals. These limi#ed data sets ax•e cansidared by us to be Proprietary Business It�foi�nation, (b) Otu Obligations. We agree that we shall: (i) not use or furth�r disciose the PHI other ihan as pei-rnitted by this Agreernent or required by law; (ii) use a}�propriate safeguards to prevent use or disclosure of PHI other than as pei7nitted or required by t�is Agreezment; {iii) repori to Plan any use or disclosure of any PHI of which we become aware that is not perrnitted by this Agreenlent; {iv} enstu•e tlaat any sul�contractar or ag�nt Yo vvhom we provide any PHr agrees to the same restrictiaizs and conditions that apply to us with regard Co the �lse anri/or disclostiue of 1'HI pursuant to tkus section; (vj respoild to ii�di�viduals' requests f�r access ta FHI i�� ouz• possession t11at cons�ihites a Designated Record Set in accordance with HIPAA; {vi) incorporate any amenclinenks flr cairections to tha PHI in aur possession that constitutes a Designated Record Set zn accordance with HIPAA; {vii) provide tQ individuals an accounting of disclasures, in accordance vvith HLPAA; - � , lv� , ,� 4 ��I� � i �� (viii) mal�e aur inteinal practices, boalcs and records relating to the use and discIoslire of PHI available ta the Secretary of HHS for purposes oi deteiiruning yoLu• compliance with HIPAA ; and (ix) exc�pt as provided for hereiti or as required by law, upon te�7nination of this Ag�-eement, return to PIan or destroy the PHI and retain no copies in any Fot-tn, if feasible. lf we deterinine ihat returning or destroying the PHT is infeasilale, we agree to extend the protections, limitations and restri.ctions of this section to such PHI and to limit any fi,�rther uses andlor disclnsures of such PHI refained to the piuposes that malce the return or desh-uctian of the PHI znfeasible, �or as long as we maintain such PHT. (c) P1an and Employer-Plan Sponsor Qbligations. {i) You agree to amend your Plan documents to incl�tde specific pravisions to reshict the use or disclosure of PHI and t� ensure adequate proeedlual safeg��ards and aceounting mechanisms for suc17 uses or disclosures, in accnrdance with the HIPAA privacy regulation. (ii} Pian agrees, represents and w�rrants tn �as that it will (1) obtain a�iy cansent or authorization that nlay be required by applicable federal or state laws and regulations prior to fiirnishing us the PHI, except as �z•ovided for in this section ; and (2} not fiunish us any PHI that is subject to any anangements permitted or required of P1an thaC rnay adversely affect our ability to Llse and/or disclose PHI under this � Agreement, 111CLllC�l11�, but not limited to, restrictians on the use andlar disclosure of PHI as provided for ii1 HIPAA. 3. Notliuig express or iinplied in this Amendmenti is intended to confcr, nor shall anything hereiu confer, upon any persoi� other ihan the parties and the respec�ive succ�ssors or assig�ls of the parties, any rights, rerziedies, obiigatians, o� Iiabilities whatsoever_ 4. All other provisions of the Agreejnent shall reinain in fiill force and effect. 5. This Ainendinent shall Ue effectiee on tlie coinpliance date applicable to Plan as required under the HIPAA �i7vacy regulation. � �� I1 LTnited HealthCare I�lsurance Gom�any , City af Fort Worth � J : � Si�nature_- .,;.,�u,•s� 7- �'W `,. � r.� Title �J �( 1i1.� �*�. ( - -- ' . � � Date �� .- �rr�s�� a� .�.._..._ . ,._..,� .-- — — ..��. _ Si Title Assistl�nt�Cit�axi�x_ _ _, _„__ _ � ��G;!� G�l��'1�� Date .,. �� 15 �t�� ,� ,' � , ��$. A fi VE� �T(] F� A�6� LEC�.i�Y; L.��.! + � � �� n3 �ty At �. � p�