HomeMy WebLinkAboutContract 28550CITY S�C��iA�Y
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BUSINESS ASSOCIAI'E CONTftACT
General Pur�ose
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Title II of the Health �ra.surance ���-tabiYity and Accountability Act of 199� (HIPAA} and
the Standards for Privacy establis�ed hy thc Department of HeaYth and Human Ser�ices
_require t'he City of Fart Worth to obtain �a�tisfactory assurances frorn its buszness
associate �hat the business associata will appropriaiely sa%guard the protecfed health
i nformatian it receives or creates on behal� of the covered entity.
Def nitions
Catch-all definition:
Terms used, but not oil�erwi�P c�+�fined, in� iixi� �greement �!���] �tave i�c;
same meaning as thosc terms in the Privacy Rule.
Suecific definitions:
a. �usiness Associate. "Business Associate° sha11 mean Effective 1'ian
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�,�ana�ement, Ir�c. (EP11�.
C:avezed Eniitv. "Covered Ezztity" shall mean City af Fort Worth.
'�wdividual. "Individual" sha11 hava th� same meaning as the terrn
'"individual'" in 45 CFR § 164.501 and sha�l inc�ude a person who qualifies
as � personal representatzve i.zx accardance with 45 CFR § 1b4.502(g).
1'rivacv Rule. "Privacy R��le" shall mean the Standards for Privacy of
Individually Identifiahle Health Tnformation at 45 CFR Part 160 and Part
164, Subparts A and E.
e. Protected Health in%rmation. '"Protect�d Healtb Infarmation" shall have
tha same meaning as fhe term "pro�ected health informatian" in 45 CFR §
I64SQ1, Iimited io the information created or rcceived by Business
Associate from or on behalf of Cover�d Entity.
f. �Reauired Bv Law. "Required By Law" shall have �e same meaning as the
term "requir�d by iaw" in 4S CFR § 164.501.
g, Secretarv. "Secretary" shal.l mean the Secretary of th� D�;partment o£
�Tea�th and Human Services or his designe�.
Corasiderafior�
Covered Entity is obligated under %deral 1aw to secure from Business Associat�
the r�presentaiions and covenarits, as set forth herein, in order to continue
Covered Entity's business reIationship with Business Associate. The parties to
�is agreernent acknowledge, therefore, that �he cantinuatiQn of the business
relationship in compliance with federal �aw constitutes good and liia�— --- - -�
consideration %r this representations and covenants coritained herein. � ;,� '�f �
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Business Associa#e Contract
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The parties acknowledge that any pr�-existing ag�reements between ihe parties is
not superseded by or merged inta this con�ract. To the extent that this Business
Associate Contaract conflicts with the ferms of any ather agreemen# between the
parties, the terms of this Business Associate Cor�tract contral.
Obliga'ons and Actfvities af Business Associate
a. Business Associate agrees to not use or disclose Frotecfed Health Infvrmation
�ther than as perrnitied ar required by the Agreement, the Privacy Rule, or as
�equired By Law. �
iy. Business Associate agrees to use appropriate safeguards .to prevent use or
dzscXasure of the Protect�d Health Information ather than as provided for by this
��reeme,nt. . -
c. �usiness �►ssaciafie agrees to mitigate, to the extent practicable, any harmful
�ffect that is known to Business Associate af a use ar disclosure of Protected
Health Information by Business Associate in violation ai the requirernents vf this
Agreement.
d. Business Associate agrees to report to Covered Entity any use or d'asclosure of the
Protected Health Tnformation not provided for by this Agreement of which it
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becomes awaxe.
Business Associate agrees to ensure that any agent, including a subcontractar, �o
wharrF it provides Protected Health Informaiion r�ceived fram, or created flr
received by Bus�iness Associate an behalf of Covered Entity, agrees to the sarne
restrictions and conditians that apply through this Agreement to Bll5ll1�S5
Associat� with respect to such in�ormatian.
Business Assaciate agrees to provide access, at the request of Covered Entity, and
in the time and mannar as negotiated far general consulting services, to Protected
Health Informatian in a Dasignated Record Set, to Covered �ntity or, as directec�
by Covered Entity, to an Individual in order to meet the requirements under 45
CFR § 164.524. .
Business Assaciate agrees to make any amendm�nt(s) to Pratected Heaith
Information in a Designatcd Record Set that tbe Co�ered Entity directs or agrees
to ��ursuant ta 45 CFR § 1b4.526 at the request of Covered En�ity ar an
Individual, and :ian t�e tin�e and manner as negotia#ed for ganerai eoiisuiting
services. �
h, Business Associate agrees to make intemal practices, hooks, and records,
'including po�icies and procedures and Protected Health Tnformation, relating to
the use and disclos�r� of Protected Heaith Informatzon received from, or created
or received by Business �Associate on behalf of, Covered Entity availabls to the
City o� Fort Worth, or to the �ecretary, in a tim� and manner as negotiated for
general consulting services or designated by the Secretary, for purposes o�' the
Secretary det�rmining Covered Entity's compliance with the Privacy Rule.
i. B�siness Associate agrees to document such disclosures of Protected Health
Information ar�d in#�ornaatian re�ated to such disclosures as would b uired far
Cavered En#ity to respond to a r�qu�st by an Individual for an Go����� a,�
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Business Assoeiate Contract � }'a����, �����
disclosures of Protected Health Infoxmation in accordance with 45 CFR §
164.528.
j. Basiness Assc�ciate agrees to pro�vide tfl Covered En�ity or an Individual, in time
and manner as negotiated for general consulting services, infarmation callected in
accordance with Provision (i) of this Agreernent, to permit Cov'ered Entity to
respond to a request by an Individual foar an accounting of disclosures of Pratected
Health Info:amation in accardance with 45 CFR § 164.528. .
Permitted Uses an.d Discloswres bv BUsiness Associate:
General Use and Disclosure Provisions
. a. Refer to underlvin� serviccs a,�reement:
Except as otherwise lirnited in �is Agreement, Business Associate may use ar
disclose Protected Health Inforrnation to perform functions, activities, or services
for, ar on behalf of, Covered Entity as specified in Agreement for Consulting
Services far the City of Fort Worth, Texas Graup Health and Life Iuswrance
Programs, provided that such use or disclosure vvould not vialate the Privacy Rule
if dane by Covered Entity or the mzniz,num necessazy policzes and procedures of
_ _ the Covezed Entity.
Permitted Uses and D�sclos�res b�v Bt�siness Associate: Speci�c Use and Disclosure
Provisions •
a. Except as ofiherwise Iimited in this Agreement, Business A.ssociafie may use
Protecfed Health Infarmation for �he proper management and administratifln of
the Business Associate or to carry out the legal responsibilities of the Business
Associate.
b. Except as otherwise limited in ttxis Agreement, Business Assaciate may disclo�e
Pro#ected Health information for the proper manag�ment and administration of
the Business Associate, pravided that discloswres are Requi.red By Law, or
Business Associate obtains reasonabl� assurances from the persan to whom the
in.fannatian i� disclosed that it will xemain co�fidential and used or firrther
disclosed only as Required By Law or for the purpose for which it was disclosed
ta the person, and the person notifies the Business Associate af any instances of
which it is aware in which the confidentiality of the information has been
breach�d. �
c. Except as otherwise limited in this Agreement, Business Associate may use
Protected Health Informatian ta provide Data Aggregation services to Cavered
Entity as permitted by 42 CFR § 164.504(e)(2){i)(�3).
d. Business Associate may use Pratected Health Infor�nation to report violations of
Iaw to appropriate Federal and State authorities, consistent with § 16a.�3�3{�� -
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L'usiness AssocRate Cantract � �a��'� '
Obligativns of Covered Entitv:
Prn�isians for Covered Entitv to In%rm Business Assaciate of Privacv Pracfices aQd
Res�ricfions
a. Covered Entity shall notiiy Business Associate of any limitation(s) in its notice of
privacy practicas oi'Covered Entity in accordance with 45 CFR § 1b4.520, to the
extent that such limitation may affect Business Associate's use or disclosure of
Protected Health Tnformation.
b. Gov�red Entity shali notify Business Associate af any changes in, or re�ocaiion
of, permission by Individuai to use or disclose Protected Health Information, to
the extent that such ehanges may affect Business Associate's use ar disclosure oi
proteated Health Infarrnation,
c. Covered Entity shall not�fy Business Associate of any restriction to the use or
disclosure of Protected Health information that Covered Entity has agreed to in
aceordance w'rth 45 CFR § 16A�.522, to the extent that such resMetion may affect
Business Associate's use or disclosure of Protected Health Information.
Permissi6le Reauests bv Covered ERtity,
Covered Entity shall nat request Business Associate to use or disclose Protected Health
Cnformation in any manner that would nat be permissible uncier tl�e Privacy Rule if done
by Covered Entfty.
TerFn and Termination
a. Term. The 'Cerm of this Agreement shall be effectiv� as of April l4, 2003, and
shall terminate when ali of the 1'rotected Health Information provided by Co�ered
Entity to Business Associate, or created or received by Business Associate on
behalf of Covered Entity, is destroped or returned to Gov�red Entity, or, if it is
mfeasible to return or des�roy Prntected Health Information, protections are
extended to such infarmation, in aecordanca with the terrr►ir�ation pro�isions in
this Section.
b. Terminatian for Cause. Upon Covered Entity's know]edge of a material breaah by
Business Associate, Covered �n.tity shall either:
1. Provide an opportunity for Business Associate to cure the braach or end
the vialatian and terminate this Agreement if Business Associate does not
cure the breaeh or end the violation within the time specified by Covered
Entity;
2. Immediately terminate this Agreement if Business Associate has breached
a materiai term of ihas Agreement and cure is not possible; or
3, [f neither termination nor cure is feasible, Cor+ered Entity sha11 repor� the
vialativn to the Secretary.
c. Effect of Ternunation.
1, Except as provided in paragraph (2) of this section, upon terrninatian of
this Agreemen#, for any reason, Susiness Assoeiate shall return or destroy
all Protected Health lnformation received from Covered Entity, or created
Susiness AssnciaCe Contract
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or received by Business Associate an beha1F of Coverad Entity, This
provision shal] ap�ly to Proteeted Heaith InFormatian that is in the
possession of subcontractors ar agents of Business Associate. Business
Associate shall retain no copies of the Protected Health Information.
2. In the event thak Business Associate determines that returning or
destroying the 1'rotected Health In%rmation ts infeasible, Business
Assflciate shall provide to Co�ered Bntity notification of the conditians
that make retum or destruction infeasible. Upon event of return ar
destruction of Pratected Health Information is infeasible, Business
Assoeiaie sh$11 extend the protections of fhis Agreement to such Protected
Hea�th Information and limit further uses and disclosures of' such
1'rotected Heaith Information to those purpases that make the return or
destruction infeasible, for so long as Business Associate maintains such
Protected Health Informat�on.
Miscellaneous
a. Resulatory References. A reference in this Agreement to a section i�a the Pri�acy
Rule means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this
Agre�ment from tima tv time as is necessary for Cavered Entity ta comply with
the requirements of the Privacy Rule and the Health Insurance Portability and
Accountabitity Act of 199C, Pub. L. No. 104-19i.
c. Survival. The respective rights and obligations af �usiness Associate under
Section C of this Agreement shall survive the terminatson a#'this Agreement.
d. Int�mretation. Any smbiguity in this Agreement shall b� reso�ved to permit
Covered Entity to comply with the Privacy Ruje.
Execution:
CityofFort Worth:
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