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1 <br />BUSINESS ASSOCIATE AGREEMENT <br />Regarding <br />DATA PRIVACY AND SECURITY <br />This Business Associate Agreement (the “Agreement”), is made as of the 1 day of January, 2024 (the <br />“Effective Date”), by and between Business Associate and Covered Entity (collectively the “Parties”) to comply with <br />privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time <br />to time, 45 CFR parts 160 and 164 (“the Privacy Rule”) and security standards adopted by the U.S. Department of <br />Health and Human Services as they may be amended from time to time, 45 CFR parts 160, 162 and 164, subpart C <br />(“the Security Rule”), and the Health Information Technology for Economic and Clinical Health (HITECH) Act, Title XIII <br />of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 and regulations <br />promulgated thereunder and any applicable state confidentiality laws. <br />RECITALS <br />WHEREAS, Business Associate provides certain plan related services to or on behalf of Covered Entity; <br />WHEREAS, in connection with these services, Covered Entity discloses to Business Associate certain PHI that is <br />subject to protection under the HIPAA Rules; and <br />WHEREAS, the HIPAA Rules require that Covered Entity receive adequate assurances that Business Associate will <br />comply with certain obligations with respect to the PHI received in the course of providing services to or on behalf of <br />Covered Entity. <br />NOW THEREFORE, in consideration of the mutual promises and covenants herein, and for other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: <br />SECTION 1 DEFINITIONS <br />The terms used in this Agreement but not otherwise defined in this Agreement have the same meaning ascribed in the <br />HIPAA Rules: <br />A.Breach. <br />“Breach” will have the same meaning as the term “breach” in 45 CFR §§ 164.402. <br />B.Breach of Security. <br />“Breach of Security,” as that term is defined in 45 CFR §164.402, and which includes the unauthorized <br />acquisition, access, use, or disclosure of PHI which compromises the security or privacy of the PHI, except <br />where an unauthorized person to whom such information is disclosed would not reasonably have been able <br />to retain such information.