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4 <br /> • BUSINESS ASSOCIATE AGREEMENT <br /> 0 <br /> r <br /> This Business Associate Agreement, hereinafter referred to as the "Agreement," is <br /> entered into by and between Snohomish County, a political subdivision of the State of <br /> Washington, on behalf of its Human Services Department, hereinafter referred to as <br /> "County," and City of Everett, hereinafter referred to as "Agency." <br /> PURPOSE <br /> A The Parties wish to enter into this Agreement to comply with the Health <br /> Insurance Portability and Accountability Act of 1996 and its implementing <br /> regulations, as amended (collectively, "HIPAA"), together with the Health <br /> Information Technology for Economic and Clinical Health Act (HITECH Act). <br /> B. It is the purpose of this Agreement to establish requirements that may be <br /> incorporated by reference into subsequent contracts between the County and <br /> the Agency for social and health services funded in whole or in part by or <br /> through the County that may involve Agency creating, receiving, maintaining, <br /> or transmitting PHI, as defined below in which the Agency may be considered <br /> a "Business Associate"of the County under HIPAA. Any reference to Business <br /> Associate in the Agreement includes Business Associate's employees, agents, <br /> officers, subcontractors, third party contractors, volunteers or directors. This <br /> document has no independent force or effect. <br /> II. DEFINITIONS <br /> A. "Authorized User(s)" means an individual or individuals with an authorized <br /> business requirement to access Confidential Information. <br /> B. "Breach" means the acquisition, access, use, or disclosure of Protected Health <br /> Information in a manner not permitted under HIPAA, which comprises the <br /> security or privacy of the PHI, with the exclusions and exceptions listed in 45 <br /> CFR. § 164.402. <br /> C. "CFR." shall mean the Code of Federal Regulations. All references in this <br /> Agreement or any Contract to the CFR shall include any successor, amended, <br /> or replacement regulation. <br /> D. "Confidential Information" means information that is exempt from disclosure to <br /> the public or other unauthorized persons under Chapter 42.56 RCW or other <br /> federal or state laws. Confidential Information includes, but is not limited to, <br /> Personal Information. <br /> E. "Contract" means any agreement between the County and the Agency that <br /> incorporates this Agreement by reference. <br /> Business Associate Agreement <br /> BAA-2018-101-198 <br /> City of Everett <br /> Page 1 of 13 <br /> 57 <br />