5. BUSINESS ASSOCIATES AGREEMENT.PDF

Maricopa County — Formal (2020-04-08)

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Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
Attachment 14 – Business Associates Agreement 
HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 HIPAA AND HEALTH INFORMATION 
TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT OF 2009 - HITECH 
The Arizona Department of Economic Security (DES) or on behalf of a DES Division or Program (“DES Covered Component”), 
and undersigned Business Associate hereby enter into this Business Associate Agreement (“BAA” or “Agreement”). 
 
This BAA has the same effective date as the Contract, Intergovernmental Agreement, Memorandum of Understanding or 
Interagency Service Agreement to which it is appended (“Related Contract” or “Contract”), or the date of the last signature, 
whichever is later. If there is no Related Contract, the effective date of this BAA is the date of the last signature to this Agreement. 
This Agreement supplements any Contract between a DES Covered Component and the Business Associate which involves 
the disclosure of Protected Health Information (“PHI”) as defined in HIPAA. In the event of conflicting terms or conditions, this 
Agreement’s terms shall supersede the provisions of the Related Contract to which it is appended. 
 
The DES Covered Component and the Business Associate agree to comply with applicable Privacy and Security Standards of 
HIPAA and HITECH, and with other applicable federal and state laws, in order to protect the privacy of PHI in any form and to 
safeguard the confidentiality, integrity, and availability of any Electronic PHI (“ePHI’) related to this Agreement. 
 
1.0 
DEFINITIONS. Capitalized terms not otherwise defined in this Agreement shall have the same meanings as those terms 
in the Privacy Rule and HITECH. 
 
1.1. Breach shall have the meaning given to such term under the HITECH Act (42 U.S.C. § 17921). 
 
1.2. Business Associate shall have the meaning given to such term under the Privacy Rule, the Security Rule, and the 
HITECH Act (45 C.F.R. § 160.103 and 42 U.S.C. §17938). 
 
1.3. Covered Component shall have the meaning given to such term under the Privacy Rule and the Security Rule (45 C.F.R 
§160.103). 
 
1.4. Data Aggregation shall have the meaning given to such term under the Privacy Rule (45 C.F.R. §164.501). 
 
1.5. Designated Record Set shall have the meaning given to such term under the Privacy Rule (45 C.F.R. §164.501). 
 
1.6. Electronic Health Record shall have the meaning given to such term in the HITECH Act (42 C.F.R. § 17921). 
 
1.7. Electronic Protected Health Information shall have the meaning given to such term under the Privacy Rule (45 CFR 
§164.501and §106.103) 
 
1.8. Health Care Operations shall have the meaning given to such term under the Privacy Rule (45 C.F.R. §164.501). 
 
1.9. Individual shall have the meaning given to such term under the Privacy Rule (45 C.F.R. §160.103) and shall include a 
person who qualifies as a personal representative (45 C.F.R. §164.502(g)). 
 
1.10. Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information codified at 45 C.F.R. 
Parts 160 and 164, Subparts A and E. 
 
1.11. Protected Health Information shall have the meaning given to such term under the Privacy Rule (45 C.F.R. §164.501). 
Protected Health Information includes Electronic Protected Health Information (C.F.R. §160.103 and §164.501). 
 
1.12. Protected Information shall have the meaning given to such term under the Privacy Rule (45 C.F.R. §164.501). 
Protected Information includes Electronic Protected Information (C.F.R. §160.103 and §164.501). 
 
Page 1 of 8

Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
1.13. Required By Law shall have the meaning given to such term under the Privacy Rule (45 C.F.R. §164.512). 
 
1.14. Secretary shall mean the Secretary of the U.S. Department of Health and Human Services or his designee. 
 
1.15. Security Rule shall mean the HIPAA Regulation that is codified at 45 C.F.R. Parts 160 and 164, Subparts A and C. 
 
1.16. Unsecured PHI shall have the meaning given to such term under the HITECH Act and any guidance issued pursuant to 
such Act ( 42 U.S.C. §17932(h)). 
 
2.0 
PERMITTED USES AND DISCLOSURES OF PHI. The Business Associate will use and disclose PHI only for those 
purposes necessary to perform functions, activities, or services for, or on behalf of, the DES Covered Component as 
specified in the underlying Contract, this BAA , or as Required By Law. Any use or disclosure by the Business Associate 
shall not violate applicable Privacy Rule provisions, the terms of this BAA, or the DES Covered Component policies and 
procedures for using or disclosing only the Minimum Necessary PHI. 
 
2.1. Prohibited Use and Disclosures. The Business Associate shall not use or disclose Protected Information for fundraising 
or marketing purposes. The Business Associate shall not disclose Protected Information to a health plan for payment or 
health care operations purposes if the patient has requested a restriction and has paid out of pocket in full for health care 
items or services to which the PHI solely related as described in 42 U.S.C. §17935(a). The Business Associate shall not 
directly or indirectly receive remuneration in exchange for Protected Information, except with the prior written consent of 
the Covered Component and as permitted by the HITECH Act, 42 U.S.C. §17935(d) (2); however, this prohibition shall 
not affect payment by the Covered Component to the Business Associate for services provided pursuant to the Contract. 
Disclosure for research is prohibited without the Covered Component’s permission prior to such disclosure. 
 
2.2. Business Activities of Business Associate. The Business Associate may use PHI for the necessary management and 
administration of the Business Associate, or to carry out the legal responsibilities of the Business Associate if: 
 
1. The disclosure is Required By Law; or 
 
2. The Business Associate obtains reasonable written assurances from a third party receiving the PHI that the third party 
will: 
 
i. 
Maintain the confidentiality of the PHI; 
ii. 
Use or disclose the PHI only as Required By Law or for the purpose for which the PHI was disclosed to the person; 
iii. 
Notify the Business Associate within 1 business day of any discovered breach of confidentiality of the Protected 
Information (42 U.S.C. §17932; 45 C.F.R. §164.504(e)(2)(ii)(D)) and comply in writing with paragraphs 3.1, 3.2, 
3.3, 3.4, 3.5 and 3.6; and 
iv. 
Ensure that any third party to whom it provides Protected Information receives from, or created or received by the 
Business Associate on behalf of the Covered Component, agrees to the same restrictions and conditions that 
apply to the Business Associate with respect to such information (45 C.F.R. §164.504 (e)(2)(ii)(D)). 
 
2.3. Aggregation of PHI. The Business Associate shall provide data aggregation services with regard to PHI created or 
received from or on behalf of the DES Covered Component, if requested to do so by the DES Covered Component. (45 
C.F.R. §164.504(e)(2)(i)(B)). 
 
2.4. De-Identification of PHI. Under 45 C.F.R. §164.502(d) (2), de-identified information does not constitute PHI and is not 
subject to the terms of this Agreement. The Business Associate may de-identify any and all PHI, provided 
 
1. The de-identification conforms to the requirements of 45 C.F.R. §164.514(b), 
2. The Business Associate maintains the documentation required by 45 C.F.R. §164.514(b), and 
3. The Business Associate gives written assurance to the DES Covered Component that the Business Associate 
appropriately maintains the documentation required by 45 C.F.R. §164.514(b). 
 
Page 2 of 8

Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
3.0 
OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE.  
 
3.1. Safeguards. The Business Associate shall implement appropriate safeguards as are necessary to prevent the use or 
disclosure of Protected information otherwise that as permitted by the Contract and the Business Associate Agreement, 
including, but not limited to, administrative, physical, and technical safeguards that reasonably and appropriately protect 
the confidentiality, integrity and availability of the Protected Information, in accordance with 45 C.F.R §164.308, §164.310, 
and §164.312. The Business Associate shall comply with the policies, procedures, and documentation requirements of 
the HIPAA Security Rule, including but not limited to 42 U.S.C. §17931 and 45 C.F.R. §164.316. 
 
3.2. Reporting Impermissible Use or Disclosure and Security Incidents. The Business Associate agrees to report to the 
DES Covered Component in writing of any access, use or disclosure of Protected Information not permitted by the contract 
or the Business Associate Agreement, and any breach of Unsecured PHI of which it becomes aware of as described in 
42 U.S.C. §17921 and 45 C.F.R. §164.308(b) and §164.504(e)(2)(ii)(C), within 1 business day after discovery. The 
Business Associate shall: 
 
1. Promptly take corrective action to secure any such deficiencies; and 
2. Grant prompt and immediate access to DES Covered Component and other individuals from DES or the State of 
Arizona authorized by DES to participate in the incident investigation, mitigation, resolution, or breach notification; 
and 
3. Contact the DES Chief Privacy Officer if DES Covered Component cannot be notified within 1 business day after 
discovery of incident; and 
4. Secure and preserve all records pertinent to the incident; and 
5. Promptly require within 1 business day of incident discovery applicable subcontractors and agents to secure and 
preserve all records pertinent to the incident; and 
6. Any action pertaining to such unauthorized disclosure required by applicable federal and state statutes and 
regulations. 
 
3.3. Mitigation. The Business Associate agrees to mitigate, to the extent practicable, any harmful effects that are known to 
the Business Associate of a use or disclosure of PHI by the Business Associate or its agents or subcontractors in violation 
of the requirements of this Agreement ( 45 C.F.R §164.530(f)). 
 
3.4. Agents and Subcontractors. The Business Associate agrees to the following: 
 
1. Ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by 
the Business Associate on behalf of the DES Covered Component, agrees in writing to the same restrictions and 
conditions that apply to the Business Associate through this Agreement with respect to such PHI and implementing 
the safeguards required by paragraph 2.1 above with respect to Protected Information (45 C.F.R. §164.308(b) and 
§164.504(e)(2)(ii)(D)). 
 
2. It shall implement and maintain sanctions against agents and subcontractors that violate such restrictions and 
conditions and shall mitigate the effects of any such violations as described in 45 C.F.R. §164.530(e)(l) and 164.530(f). 
 
3.5. Personnel. The Business Associate shall appropriately inform all of its employees, agents, representatives, and members 
of its workforce (“Personnel”), whose services may be used to satisfy the Business Associate’s obligations under this 
Agreement and the Related Contract, of the terms of this Agreement. The Business Associate represents and warrants 
that the Personnel are under sufficient legal obligations to the Business Associate for the Business Associate to fully 
comply with the provisions of this Agreement. The Business Associate agrees to train its workforce on the HIPAA Rule 
and keep appropriate records of the training as prescribed in 45 C.F.R. §164.530(b)(1)(2). 
 
 
 
Page 3 of 8

Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
3.6. Access to Protected Information. The Business Associate shall make Protected Information maintained by the Business 
Associate or its agents or subcontractors in Designated Record Sets available to the DES Covered Component for 
inspection and copying within 10 business days of a request by the DES Covered Component to enable the DES Covered 
Component to fulfill its obligations under the Privacy Rule, including, but not limited to, 45 C.F.R. §164.524. If the Business 
Associate maintains an Electronic Health Record, the Business Associate shall provide such information in electronic 
format to enable the DES Covered Component to fulfill its obligations under the HITECH Act, including, but not limited to, 
42 U.S.C. §17935(e). 
 
3.7. Individual Access to PHI. If an Individual requests direct access to PHI in possession of the Business Associate which 
is maintained under its contract with DES, prior to disclosure of any PHI the Business Associate shall first consult in writing 
with the DES Covered Component’s Privacy Officer or the DES Chief Privacy Officer. The Business Associate shall grant 
or deny access pursuant to written instructions from the DES Covered Component which are consistent with 45 C.F.R. 
§164.524 or other applicable law. Within 5 business days, the Business Associate shall notify the DES Covered 
Component’s Privacy Officer or the DES Chief Privacy Officer in writing of the actions it has taken pursuant to the request 
for access and DES Covered Component’s authorization. 
 
3.8. Amendment of PHI. The Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set 
within 5 business days after the Business Associate receives from the DES Covered Component instructions to amend 
PHI. Such instructions generally follow an Individual’s request to the DES Covered Component to amend the Individual’s 
PHI held by the DES Covered Component or its Business Associates in a Designated Record Set. If the DES Covered 
Component declines an Individual’s request to amend that Individual’s PHI, the DES Covered Component shall provide 
to its Business Associate, who shall promptly incorporate into the Individual’s Designated Record Set, any statements of 
disagreement and/or rebuttals supplied by the Individual, as required by 45 C.F.R. § 164.526. 
 
3.9. Individual Amendment of PHI. If an individual requests an amendment of PHI directly from the Business Associate or its 
agents or subcontractors on behalf of the DES Covered Component, the Business Associate must notify the DES Covered 
Component in writing within 5 business days of the request. Any approval or denial of amendment to Protected Information 
maintained by the Business Associate or its agents or subcontractors shall be the responsibility of the DES Covered 
Component, which shall notify the Business Associate of its decision in writing. 
 
3.10. Documentation of Disclosure. The Business Associate agrees to document all disclosures of PHI made by the Business 
Associate and information related to such disclosures as would be required by the DES Covered Component to respond 
to a request by an Individual for an accounting of disclosures of PHI according to 45 C.F.R. §164.528. At a minimum, the 
documentation related to the Business Associate’s disclosure of PHI shall include: 
 
1. The date of disclosure; 
2. The name of the PHI recipient and, if known, the address of the PHI recipient; 
3. A brief description of the PHI disclosed; and 
4. A brief statement of the purpose of the disclosure that reasonably informs the Individual of the basis for the disclosure, 
or instead of such statement, a copy of the written request for disclosure by the Secretary or under 45 C.F.R. §164.512. 
 
3.11. Accounting of Disclosures. Within 10 business days after receipt of notice from the DES Covered Component to the 
Business Associate that the DES Covered Component has received a request for an accounting of disclosures of an 
Individual’s PHI, the Business Associate agrees to provide the DES Covered Component with the disclosure information 
requested by the Individual and as required in paragraph 3.10 above. If an individual requests an accounting of disclosures 
directly from the Business Associate, the Business Associate shall, within sixty (60) business days, provide or deny an 
accounting according to 45 C.F.R §164.528. Unless otherwise directed by the DES Covered Component, the Business 
Associate shall notify the DES Covered Component of the action it has taken and shall do so in writing within five (5) 
business days after the action. The accounting of disclosure shall include all PHI disclosures for the time period the 
Individual requested, but not for a date earlier than six years prior to the date of creation or last entry, which ever occurred 
last. If the Business Associate is unable to provide the accounting of disclosure within the allowed time frame, the Business 
Associate shall provide the DES Covered Component with a written statement of the reason for delay and the date the 
Business Associate will provide the accounting. 
 
Page 4 of 8

Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
3.12. Government Access to Records. For the purpose of determining the DES Covered Component compliance with the 
Privacy Rule, as well as the Business Associate’s compliance with this BAA, the Business Associate agrees to make 
available to the DES Covered Component or its authorized agent, or to the Secretary, in the time and manner designated: 
 
1. The Business Associate’s internal practices, books, and records, including policies and procedures, relating to the use 
and disclosure of PHI received from, or created or received by the Business Associate on behalf of the DES Covered 
Component; and 
2. All PHI received by the Business Associate from the DES Covered Component or created or received by the Business 
Associate on behalf of the DES Covered Component. 
 
3.13. Minimum Necessary. The Business Associate and its agents and subcontractors shall request, use, and disclose only 
the minimum amount of Protected Information necessary to accomplish the purpose of the request, use or disclosure as 
described in 42 U.S.C. § 17935(b); 45 C. F. R. § 164.502(b)(1) and 164.514(d). 
 
3.14. Data Ownership. The Business Associate acknowledges that the Business Associate has no ownership rights with 
respect to the Protected Information. 
 
3.15. Transaction Standards Regulation. If the Business Associate conducts in whole or part Standard Transactions for or on 
behalf of the DES Covered Component, the Business Associate agrees to comply with the Electronic Data Transaction 
Standards and Code Sets, 45 C.F.R. Part 162 (I – R). The Business Associate agrees to require any subcontractor or 
agent involved in conducting Standard Transactions for or on behalf of the DES Covered Component, to comply with the 
Transaction Standards and Code Sets. The Business Associate and its subcontractors or agents shall not engage in any 
practice or enter into any agreement related to conducting in whole or in part Standard Transactions for or on behalf of 
the DES Covered Component that: 
 
1. Changes the definition, Data Condition, or use of a Data Element or Segment in a Standard Transaction; 
2. Adds a Data Element or Segments to the maximum defined Data Set; 
3. Uses any code or Data Element that is marked “not used” in the Standard Transaction’s implementation specification 
or that is not in the Standard Transaction’s implementation specification; or 
4. Changes the meaning or intent of the Standard transaction implementation specification. 
 
3.16. Retention of Records. All records containing PHI created or received by the Business Associate from or on behalf of the 
DES Covered Component will be retained for six years from the date of creation (e.g., PHI) or the date when it last was 
in effect (e.g., a policy or form), whichever is later. 
 
3.17. Violations of Law. The Business Associate may use PHI to report violations of law to appropriate Federal and State 
authorities, consistent with 45 C.F.R. §164.502(j). 
 
3.18. Audits, Inspection and Enforcement. 
 
1. Within 10 business days of a written request by the DES Covered Component, the Business Associate and its agents 
or subcontractors shall allow the DES Covered Component to conduct a reasonable inspection of the facilities, 
systems, books, records, agreements, and policies and procedures relating to the use, acquisition, or disclosure of 
Protected Information pursuant to this Agreement for the purpose of determining whether the Business Associate has 
complied with this Agreement; provided, however that: 
 
i. 
The Business Associate and the DES Covered Component shall mutually agree in advance upon the scope, timing 
and location of such inspection. If an agreement can not be concluded, then DES will decide; and 
ii. 
To the extent allowed by law, the DES Covered Component shall safeguard all trade secret information of the 
Business Associate to which the DES Covered Component has access during the course of such inspection; and 
 
 
 
Page 5 of 8

Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
2. The fact that the DES Covered Component inspects, fails to inspect, or has the right to inspect the Business 
Associate’s facilities, systems, books, records, agreements, and polices and procedures does not relieve the Business 
Associate of its responsibilities to comply with this Agreement. The following acts by the DES Covered Component 
do not constitute acceptance of such practices or waive the DES Covered Entity’s enforcement rights under the 
contract or Agreement. 
 
i. 
Failure to detect; or 
ii. 
Detection, but failure to notify the Business Associate; or 
iii. 
Requiring the Business Associate to correct any unsatisfactory practices. 
 
3. The Business Associate shall notify the DES Covered Component in writing within 1 business day of learning that the 
Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office 
for Civil Rights. 
 
4. Notwithstanding paragraph 3.18.1, pursuant to paragraphs 3.1 through 3.4 and in compliance with 42 U.S.C. §17921 
and 45 C.F.R. §164.308(b) and §164.504(e)(2)(ii)(C), Business Associate, its subcontractors and agents shall permit 
prompt and immediate access to the Covered Component to all physical locations and business records, including 
electronic records and all relevant data files, under the control or maintained by the Business Associate, its 
subcontractors and agents on behalf of Covered Component, for the purpose of mitigating a data breach, conducting 
a risk analysis and obtaining information which will identify individuals affected. 
 
4.0 
OBLIGATIONS OF DES COVERED COMPONENT 
 
4.1. Notice of Privacy Practices. The DES Covered Component shall notify the Business Associate of any changes or 
limitation(s) in the DES Covered Component’s Notice of Privacy Practices according to 45 C.F.R. §164.520, to the extent 
that such changes or limitation(s) may effect the Business Associate’s use or disclosure of PHI. 
 
4.2. Changes in Permission by Individual. The DES Covered Component shall notify the Business Associate of any 
changes in, or revocation of, an Individual’s permission to use or disclose PHI, to the extent that such changes may affect 
the Business Associate’s use or disclosure of PHI. 
 
4.3. Restriction on PHI. The DES Covered Component shall notify the Business Associate of any restriction on PHI uses and 
disclosures that the DES Covered Component has agreed to in accordance with 45 C.F.R. §164.522, to the extent that 
such restriction may affect the Business Associate’s use or disclosure of PHI. 
 
4.4. Permissible Requests by DES Covered Component. The DES Covered Component shall not request the Business 
Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by the DES 
Covered Component. 
 
5.0 
TERM AND TERMINATION 
 
5.1. Term. The term of this Agreement is specified on page one (1) of this Agreement or in the Contract to which it is appended 
and shall terminate when all PHI provided by the DES Covered Component to the Business Associate, or created or 
received by the Business Associate on behalf of the DES Covered Component, is destroyed or returned to the DES 
Covered Component. If it is not feasible for the Business Associate to return to the DES Covered Component or destroy 
all PHI when this Agreement terminates under the Contract or is terminated early, protections agreed to by the Business 
Associate are extended to such information, whether PHI is held or controlled by the Business Associate or its agents or 
subcontractors. 
 
 
 
 
 
Page 6 of 8

Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
5.2. Effect of Termination. 
 
1. Except as provided in subparagraph 3 of this paragraph, upon termination of this Agreement for any reason, the 
Business Associate shall return or destroy all PHI received from the DES Covered Component, or created or received 
by the Business Associate on behalf of the DES Covered Component. No copies or data repositories can be retained 
as to this information. 
2. This provision shall apply to PHI in the possession or under the control of subcontractors or agents of the Business 
Associate. The Business Associate and its subcontractors and agents shall retain no copies or data repositories of 
any type of returned or destroyed PHI unless ordered to do so by a court of law. 
3. If the Business Associate determines that returning or destroying PHI is not feasible, the Business Associate shall 
provide to the DES Covered Component notification of the conditions making the return or destruction not feasible. 
The Business Associate shall extend the protections of this Agreement to the PHI and shall limit further uses and 
disclosures of the PHI to the purpose that make the return or destruction not feasible, for so long as the Business 
Associate maintains the PHI. If it is not feasible for the Business Associate to recover from a subcontractor or agent 
any PHI, the Business Associate shall provide a written explanation to the DES Covered Component. The Business 
Associate shall require the subcontractor or agent to agree: 
i. 
To extend the protections of this Agreement to the PHI in subcontractor or agent; and 
ii. 
To limit further uses or disclosures of the PHI to the purpose that makes the return or destruction not feasible, for 
so long as the subcontractor or agent maintains the PHI. 
 
5.3. Termination for Cause. 
 
1. Breach. Upon the DES Covered Component’s knowledge of a material breach by the Business Associate of the terms 
of this Agreement, the DES Covered Component shall take one or more of the following actions: 
 
i. 
Provide an opportunity for the Business Associate to cure the breach within a specified timeframe; 
ii. 
Terminate this Agreement and the underlying Contract if the Business Associate does not cure the breach or end 
the violation within the time specified by the DES Covered Component, or if a cure of the breach is not possible; 
iii. 
Immediately terminate this Agreement and the underlying contract; or 
iv. 
Report the violation to the Secretary, if neither termination nor cure is feasible. 
 
2. Judicial or Administrative Proceedings. The DES Covered Component may terminate the Agreement if; 
 
i. 
The Business Associate is named as a defendant in a criminal proceeding for a violation of HIPAA, the HITECH 
Act, the HIPAA Regulations or other security or privacy laws; or 
ii. 
There is a governmental agency or tribunal finding or stipulation that the Business Associate has violated any 
standard or requirement of HIPAA, the HITECH Act, the HIPAA regulations or other security or privacy laws. 
 
6.0 
MISCELLANEOUS 
 
6.1. HIPAA Reference. A reference in this Agreement to HIPAA or the Privacy Rule means the regulation including the HITECH 
Act of 2009, as in effect on the effective date or as subsequently amended, and for which compliance is required. (45 
C.F.R. § 160, §162, and §164 and 42 U.S.C. §17938). 
 
6.2. Amendment. The parties agree to take the action necessary to amend this Agreement from time to time so that the DES 
Covered Component may comply with the requirements of HIPAA, HITECH, court decisions and any regulatory changes. 
 
6.3. Interpretation. Any ambiguity in this Agreement shall be resolved to permit the DES Covered Component to comply with 
the HIPAA and HITECH Rules. 
Page 7 of 8

Attachment 
Business Associates Agreement 
 
Agreement No.:    DI20-002264 
Description: 
Community Action Services Program 
 
 
 
Intergovernmental Agreement 
 
 
 
 
 
Contractor 
hereby 
acknowledges 
receipt 
and 
acceptance 
of 
this 
HIPAA 
Business 
Associate 
Agreement and that a signed copy must be filed with the 
DES Procurement Office. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The above referenced HIPAA Business Associate 
Agreement is hereby executed this 
 
 
 
 
                 
                  day of                                  2020, by the  
Signature                                                                       Date 
  
 
 
 
 
Arizona Department of Economic Security. 
Print Name 
 
 
 
 
Title 
 
 
 
ADES Chief Privacy Officer Signature 
Contractor  
 
Print Name 
 
 
 
 
Equal Opportunity Employer/Program • Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI & VII), and the Americans with Disabilities Act of 
1990 (ADA), Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title II of the Genetic Information Nondiscrimination Act 
(GINA) of 2008; the Department prohibits discrimination in admissions, programs, services, activities, or employment based on race, color, religion, sex, 
national origin, age, disability, genetics and retaliation. To request this document in alternative format or for further information about this policy, contact 
your local office; TTY/TDD Services: 7-1-1. • Free language assistance for DES services is available upon request. 
 
 
Page 8 of 8
Clint Hickman
Chairman, Maricopa County Board of Supervisors
Maricopa County