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Home My WebLink AboutContract 28556 OI4-24-03AO�8 *30 RCVD CITY SECRETARY BUSINESS ASSOCIATE CONTRACT (--,`,0,, NTRACT NO. General Purpose Title 11 of'the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Standards for Privacy established by the Department of Health and Human Services require the, City of Fort Worth to obtain satisfactory assurances from its business associate that the business associate will appropriately safeguard the protected health 0 'information it receives or creates on behalf of the covered entity., Definitions Catch-all definition.* Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule. ,Specific definitions.*. a. Business Associate. "Business Associate" shall mean McLaughlin Young I Group, b. Covered En "'Covered Entity" shall mean City of Fort Worth. c. Individual. "Individual" shall have the same, meaning as the term ""individual"" in 45 CFR § 16,4.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.5012(g). d. 'Privaa,Ru-le. "Privacy Rule" shall mean the Standards for Privacy o. Individually Identifiable Health Information at 45 CFR Part 160 and Part 1641 Subparts A and E. e. Protected Health Information. "'Protected Health Information"' shall have the same meaning as the term "'protected health information" in 45 CFR §1 164.501, limited to the information created or received by Business, Associate from or on behalf of Covered Entity. f. RegUired By Law. "Required By Law"' shall have the same meaning as tree term "required by law" in 45 CFR § 164.501. g. Secret ""Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. Consideraflon Covered Entity is obligated under federal law to secure from Business Associate the representations and covenants, as set forth herein, in order to continue Covered Entity's business, relationship with Business, Associate., The parties to this agreement acknowledge, therefore, that the continuation of the b S9�9, NO Business Associate Contract relationship in compliance with federal law constitutes good and valuable consideration for this representations and covenants contained herein. The parties acknowledge that any pre-existing agreements between the parties is not superseded by or merged into 'this contract. To the extent that thi's B Associate Contract conflicts with the terms of any other agreement between the partles, the terms of this Business Associate Contract control. Ohli afi I I I Bps* tress ions and Ac of Bus*ness 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 appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Inrormation not provided for by this Agreement of which it becomes aware. e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides, Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. f. Business Associate agrees to provide access, at the request of Covered Entity, and in the time and manner as negotiated for general consulting services, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR § 164.524. g. Business Associate agrees to make any amendment s) to Protected Health Information "in a Designated Record Set that the, Covered Entity directs or agrees to pursuant to 45 CPR § 164.526 at the request of Covered Entity or an Individual, and in the time and manner as negotiated for general consulting services. h. Business Associate agrees to make internal practices, books, and records, i relating policies and procedures and Protected Health Information, relatng to the use and disclosure of Protected Health Information received from, or created t I t or received by Business Associate on behalf of, Covered Entity a ao, t City of Fort Worth, or to the Secretary, in a time and manner as Business Associate Contract general consulting services or designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. i,. Business Associate agrees to document such disclosures of Protected Health Information and Information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C § 164.528. j. Business Associate agrees to provide to Covered Entity or an Individual, in time and manner as negotiated for general consulting, services, information collected in accordance with ProvIsion (i) of -this Agreement, 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,. Permitted Uses and Disclosures b ,y Business Associate: General Use and Disclosure Provisions a. 'Refer to underlying services...-U,reement: Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of Covered Entity as specired in Agreement for Consulting Services for the City of Fort Worth, Texas Group Health and Life Insurance Programs, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the, minimum necessary policies and procedures of the Covered Entity. Permitted Uses and Disclosures by Business Associate: Use and Disclosure 0 Provisions a. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. b. Except as otherwise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate., provided that disclosures are Required By Law, or Business, Associate obtains reasonable assurances from the person to whom the information is disclosed 'that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person noitifies, the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. c. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Info rmation to provide DT ata Aggregation serviceq--In Llavere Entity as permitted by 42 CFI § 164.504(e)(2)(i)(B)�. Business Associate Contract V V MKI d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities', consistent with § 164.5020)(1). 0 Qbjj'gations of Covered Entitv. ants Provisions for Covered Entitv to Inform Business Associate of Pri*vaev Practices ants Restrictions a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity 'in accordance with 45 CF R § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information., b. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes, may affect Business Associate's use or disclosure of Protected Health Information. c. Covered Entity shall notify Business, Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected flealth, Infom-lation. Permissible Requests by Covered Entit y Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. Term and Termination a. Term. The Term of this Agreement shall be effective as of April 14, 2003, and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, it it Is infeasible to return, or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section. b. Termination for Cause. Upon Covered Entity's kno wledge of a material breach by Business Associate, Covered Entity shall either.- 1. Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement 'if Business, Associate does not cure the breach or end the violation within the time specified by Covered Entity; 2. Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and cure is not possible,; or 3. If neither termination nor cure is feasible, Covered Entity s, violation to the Secretary. 414 Business Associate Contract rr c. Effect of Termination. L Except as provided in paragraph (2,) of-this section,, upon termination of this Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity,, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. 2. In the event that Business Associate detennines, that returning, or destroying the Protected Health Information is infeasible, Business Associate, shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon event of return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Agreement to such Protected It emit 0 Health Info nation and nmit further uses and disclosures of' such Protected Health Information to those purposes that make the return or L destruction 'Infeasible, for so long as Business Associate maintains suci, Protected Health Information. Miscellaneous a., Recmlgim References. A reference in this Agreement to a section in the Privacy 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 Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. c. Survival. The respective rights and obligations of Business Associate under Section C of this Agreement shall survive the termination of this Agreement. 0 d. I_nteEpretation. Any ambiguity in this Agreement shall be reso�lved to permit Covered Entity to comply with the Privacy RUIe. Executiion,: City of Fort Worth: McLaughlin Young Group: 10, 4L....... iate Date ATTESE 1 P OVE 11Z, A F A, 7D Y 1 01 t"ont Businesrs9bd*A_ raC 4K Dat