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16 <br /> BUSINESS ASSOCIATE AGREED+lVI' <br /> This Business Associate Agreement ("Agreement") is entered into by and between Providence <br /> Health & Services, on behalf of itself and its affiliate Western HealthComiect, and their current <br /> and future subsidiaries and affiliates ("collectively referred to hereinafter as Providence") and <br /> City of Everett Fire Department and Department of Public }lealth and Safety ("Business <br /> Associate"),including all current and future lines of business,affiliates, and subsidiaries, on this <br /> 15th day of May, 2017 ("Effective Date"). Providence and Business Associate are collectively <br /> referred to as the "Parties". This agreement replaces and supersedes any and all prior business <br /> associate agreements between the Parties. <br /> RECfTA ;S <br /> WHEREAS,Providence is a covered entity and Business Associate is a business associate <br /> as such terms are defined under the Health Insurance Portability and Accountability Act and the <br /> Health Tn formation Technology for Economic and Clinical Health Act ("HIPAA/HITECH") <br /> regarding the confidentiality and privacy of Protected Health Information(PHI); and <br /> WHEREAS, Business Associate has entered or may enter into agreement(s) with <br /> Providence("Service Agreement")pursuant to which Business Associate will render services to, <br /> for or on behalf of Providence which may involve Business Associate's use,disclosure or creation <br /> of PHI on behalf of Providence;and <br /> WHEREAS, the provisions of this Agreement are specifically intended to meet the <br /> business associate contract requirements of the HIPAA/HITECH privacy standards set forth in <br /> Section 45 CFR, Section 164.504("Privacy Rule"), and the HIPAACHITECH Security Standards <br /> for Business Associate Contracts set forth in Section 45 CFR 164.314("Security Rule"), and the <br /> requirements and guidance issued by United States Department of Health and Human Services <br /> ("HHS") pursuant to the American Recovery and Reinvestment Act of 2009 (42 USG Section <br /> 17931(a)et.seq.) ("ARRA"). <br /> NOW THEREFORE, in consideration of the mutual covenants,promises and agreements <br /> contained herein,the Parties hereto agree as follows: <br /> I. DEFIlVITIONS <br /> For the purposes of this Agreement, certain terms and concepts used herein shall have the <br /> definition given in HIPAA/HI!'ECH or ARRA, or the respective implementing regulation, as <br /> applicable unless otherwise defined herein. <br /> )<II. DELIGA.TIONS OF BUSINESS-ASSOCIATE • <br /> 1. Use and Disclosure of Health Information <br /> 1 <br /> 106 <br />