|
Business Associate Agreement
<br /> Between City of Everett and Systems Design West, LLC
<br /> This Business Associate Agreement ("Agreement") between City of Everett, as to its Fire
<br /> Department ("Covered Entity") and Systems Design West, LLC ("Business Associate") is dated as of
<br /> January 1, 2022, and is executed to ensure that Systems Design West, LLC will appropriately safeguard
<br /> protected health information ("PHI") and personally identifiable information ("PII") that is created,
<br /> received, maintained, or transmitted on behalf of the City of Everett in compliance with applicable
<br /> federal, state, and local statutes, regulations, rules and policies—including but not limited to, the
<br /> provisions of Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and
<br /> Accountability Act of 1996,Subtitle F—Administrative Simplification, Sections 261, et seq., as amended
<br /> ("HIPAA"), and with the Public Law 111-5 of February 17, 2009, known as the American Recovery and
<br /> Reinvestment Act of 2009,Title XII,Subtitle D—Privacy, Sections 13400, et seq., the Health Information
<br /> Technology and Clinical Health Act, as amended (the "HITECH Act").
<br /> A. General Provisions
<br /> 1. Meaning of Terms.The terms used in this Agreement shall have the same meaning as those
<br /> terms defined in HIPAA.
<br /> 2. Regulatory References. Any reference in this Agreement to a regulatory section means the
<br /> section currently in effect or as amended.
<br /> 3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance
<br /> with HIPAA.
<br /> 4. Amendment. The Parties agree to take such action as is necessary to amend this
<br /> Agreement from time to time as is necessary for compliance with the requirements of the
<br /> HIPAA Rules and any other applicable law.
<br /> B. Catch-all Definition
<br /> The following terms used in this Agreement shall have the same meaning as those terms in the
<br /> HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care
<br /> Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health
<br /> Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected
<br /> Health Information, and Use.
<br /> Specific definitions:
<br /> (a) Business Associate. "Business Associate" shall generally have the same meaning as the term
<br /> "business associate" at 45 CFR 160.103, and in reference to the party to this agreement, shall
<br /> mean Systems Design West, LLC.
<br /> (b) Covered Entity. "Covered Entity" shall generally have the same meaning as the term
<br /> "covered entity" at 45 CFR 160.103, and in reference to the party to this agreement, shall mean
<br /> the City of Everett, as to its Fire Department.
<br /> Business Associate Agreement-1
<br />
|