AGREEMENT RE HIPAA WITH COMMUNITY BRIDGES.PDF

Maricopa County — Formal (2013-11-06)

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BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (the "Agreement") is made as of September 20, 2013
(the "Effective Date"), by and between Community Bridges, Inc. (CBI), an Arizona nonprofit
corporation, and HCH - Maricopa County Dept of Public Health, a(n)
located at the address of 4041 N Central Ave Ste 1400, Phoenix, AZ,
85012.
SECTION 1: DEFINITIONS
1.1 Catch-all definition:
The following terms used in this Agreement shall have the same meaning as those terms
in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care
Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health
Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected
Health Information, and Use.
1.2 Specific definitions:
(a) Business Associate. "Business Associate" shall generally have the same meaning
as the term "business associate" at 45 CFR 160.103, and in reference to the party to this
Agreement, shall mean HCH - Maricopa County Dept of Public Health.
(b) Covered Entity. "Covered Entity" shall generally have the same meaning as the
term "covered entity" at 45 CFR 160.103, and in reference to the party to this Agreement, shall
mean Community Bridges, Inc.
(c) HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach
Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
SECTION 2: OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
Business Associate agrees to:
(a) Not use or disclose Protected Health Information other than as permitted or
required by the Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with
respect to electronic Protected Health Information, to prevent use or disclosure of Protected
Health Information other than as provided for by the Agreement;
(c) Report to covered entity any use or disclosure of Protected Health Information not
provided for by the Agreement of which it becomes aware, including breaches of Unsecured
Protected Health Information as required at 45 CFR 164.410, and any Security Incident of which
it becomes aware;

(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable,
ensure that any subcontractors that create, receive, maintain, or transmit Protected Health
Information on behalf of the Business Associate agree to the same restrictions, conditions, and
requirements that apply to the Business Associate with respect to such information;
(e) Make available Protected Health Information in a designated record set to the
covered entity as necessary to satisfy the covered entity's obligations under 45 CFR 164.524;
(f) Make any amendment(s) to Protected Health Information in a designated record
set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other
measures as necessary to satisfy covered entity's obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of
disclosures to the covered entity as necessary to satisfy covered entity's obligations under 45
CFR 164.528;
(h) To the extent the Business Associate is to carry out one or more of covered
entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of
Subpart E that apply to the covered entity in the performance of such obligation(s); and
(i) Make its internal practices, books, and records available to the Secretary for
purposes of deteu lining compliance with the HIPAA Rules.
SECTION 3: PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
(a) Business Associate may only use or disclose Protected Health Information as
necessary to perform the services set forth in the Service Agreement.
(b) Business Associate may use or disclose Protected Health Information as required
by law.
(e) Business Associate agrees to make uses and disclosures and requests for Protected
Health Information consistent with covered entity's minimum necessary policies and procedures.
(d) Business Associate may not use or disclose Protected Health Information in a
manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity except for the
specific uses and disclosures set forth below.
(e) 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.
(f) Business Associate may disclose Protected Health Information for the proper
management and administration of Business Associate or to carry out the legal responsibilities of
the Business Associate, provided the disclosures are required by law, or Business Associate
obtains reasonable assurances from the person to whom the information is disclosed that the

information will remain confidential and used or further disclosed only as required by law or for
the purposes for which it was disclosed to the person, and the person notifies Business Associate
of any instances of which it is aware in which the confidentiality of the information has been
breached.
(g) Business Associate may provide data aggregation services relating to the health
care operations of the covered entity.
SECTION 4: TERM AND TERMINATION
(a) Term. The Term of this Agreement shall be effective as of the date set forth above
and shall terminate when the Service Agreement terminates or on the date the covered entity
terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.
(b) Termination for Cause. Business Associate authorizes termination of this
Agreement by covered entity, if covered entity determines Business Associate has violated a
material term of the Agreement and Business Associate has not cured the breach or ended the
violation within the time specified by covered entity.
(c) Obligations of Business Associate Upon Termination. Upon termination of this
Agreement for any reason, Business Associate, with respect to Protected Health Information
received from covered entity, or Created, maintained, or received by Business Associate on
behalf of covered entity, shall:
1. Retain only that Protected Health Information which is necessary for
Business Associate to continue its proper management and administration or to carry out its legal
responsibilities;
2. Return to covered entity or, if agreed to by covered entity, destroy the
remaining Protected Health Information that the Business Associate still maintains in any form;
3. Continue to use appropriate safeguards and comply with Subpart C of 45
CFR Part 164 with respect to electronic Protected Health Information to prevent use or
disclosure of the Protected Health Information, other than as provided for in this Section, for as
long as Business Associate retains the Protected Health Information;
4. Not use or disclose the Protected Health Infoimation retained by Business
Associate other than for the purposes for which such Protected Health Information was retained
and subject to the same conditions set out at paragraphs (e) and (0 above under "Permitted Uses
and Disclosures By Business Associate" which applied prior to termination; and
S. Return to covered entity or, if agreed to by covered entity, destroy the
Protected Health Information retained by Business Associate when it is no longer needed by
Business Associate for its proper management and administration or to carry out its legal
responsibilities.
(d) Survival. The obligations of Business Associate under this Section shall survive
the termination of this Agreement.

SECTION 5: MISCELLANEOUS
(a) Regulatory References. A reference in this Agreement to a section in the HIPAA
Rules 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 compliance with the requirements of the HIPAA
Rules and any other applicable law.
(e) Interpretation. Any ambiguity in this Agreement shall be interpreted to permit
compliance with the HIPAA Rules.
BUSINESS ASSOCIATE:
HCH Maricopa County Dept of Public Health
Date: , 20
By:
Its:
COVERED ENTITY
Community Bridges, Inc.
Date: , 20
By: Dr. Frank Scarpati
Its: President and CEO

IN WITNESS WHEREOF, the parties agree to enter into this Agreement:
FOR AND ON BEHALF OF
MARICOPA COUNTY
By
Chairman, Board of Supervisors
Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy Attorney for Maricopa County
Date