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HomeMy WebLinkAbout5497Contract Number: 5497 Vendor: KITSAP COUNTY EMERGENCY MEDICAL AND TRAUMA SYSTEM Subject: HIPPA Business Association Agreement Department: Fire File Class: GS50-01-11 Rev. 3 General Begin Date: 3/30/2015 End Date: Review Date: Vault Date: Comments : .., HIP� �usiness Associate Agreement Between the City of Breme�ton and I{itsap County Emergency Medical and Trauma System This agreement is executed to ensure that Kitsap County Emergency Medical and Trauma System ("Contractor") will appropriately safeguard protected health information ("PHI") that is created, received, maintained, or transmitted on behalf of City of Bremerton in compliance with the applicable provisions of Chapter 70.02 RCW, the Uniform Health Care Information Act ("UHCIA") as amended, with Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F— Administrative Simplification, Sections 261 etseq. ("HIPAA") as amended, and with Public Law 111-5 of February 17, 2009, known as the American Recovery and Reinvestment Act of 2009, Title XII, Subtitle D— Privacy, Sections 13400 et seq., the Health Information Technology and Clinical Heafth Act (the "HITECH Act") as amended. A. General Provisions 1. Meanin� of Terms. The terms used in this Addendum shall have the same meaning as those terms defined in the UHCIA and HIPAA. Where definitions in the two Acts differ, UHCIA definitions shall control. 2. Re�ulatorv References. Any reference in this Addendum to a regulatory section means the section currently in effect or as amended. 3. Interpretation. Any ambiguity in this Addendum shall be interpreted to permit compliance with the UHCIA and HIPAA. 6. Obligations of Business Associate Contractor agrees that it will: 1. Not use or further disclose PHI other than as permitted or required by this Addendum or as required by law; 2. Use appropriate safeguards and comply, where applicable, with UHCIA security safeguards and the HIPAASecurity Rule with respect to electronic protected health information ("e-PHI") and implement appropriate physical, technical and administrative safeguards to prevent use or disclosure of PHI other than as provided for by this Addendum; , 3. Report to City of Bremerton any use or disclosure of PHI not provided for by this Addendum of which it becomes aware, including any security incideni (as defiined in ±he HIPAA Security Rule) and any breaches of unsecured PNI as required by 45 CFR §164.410. Breaches of unsecured PHI shall be reported to City of Bremerton -. without unreasonable delay but in no case later than 60 days after discovery of the breach; 4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Contractor agree to the same restrictions, conditions, and requirements that apply to Contractor with respect to such information; 5. Make PHI in a designated record set available to City of Bremerton and to an individual who has a right of access in a manner that satisfies City of Bremerton's obligations to provide access to PHI in accordance with RCW 70.02.080 and 45 CFR §164.524, as promptly as required under the circumstances, but no later than 15 workirg �ays afte� receiving a re�u�st; 6. Make any amendment(s) to PHI in a designated record set as directed by City of Bremerton, or take other measures necessary to satisfy City of Bremerton's obligations under RCW 70.02.100 and 45 CFR §164.526, as promptly as required under the circumstances, but no later than 10 days after receiving a request; 7. Maintain and make available information required to provide an accounting of disclosures to City of Bremerton or an individual who has a right to an accounting within 60 days and as necessary to sat;sfy City of Bremerton's obligations under RCW 70.02.020 and 45 CFR §164.528; 8. To the extent that Contractor is to carry out any of City of Bremerton's abligations under the UHCIA and HIPAA, Contractor shall comply with the requirements of the Acts that apply to City of Bremerton when it carries out that obligation; 9. Make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Contractor on behalf of City of Bremerton, available to the Secretary of the Department of Health and Human Services for purposes of detPrmining Contractor and City of Bremerton's compliance with HIPAA and the HITECH Act; 10. Restrict the use or disclosure of PHI if City of Bremerton notifies Contractor of any restriction on the use or disclosure of PHI that City of Bremerton has agreed to or is required to abide by under the UHCIA or 45 CFR §164.522; and 11. City of Bremerton may be subject to the Red Flags Rules (found at 16 CFR §681.1 et seq.) and in relation thereto has adopted an Identity Theft Prevention Program (Resolution No. 3081). Contractor agrees to assist City of Bremerton in complying with its Program and the Red Flags Rules by: (a) implementing policies and procedures to detect relevant Red Flags (as defined under 16 C.F.R. §681.2); (b) taking all steps necessarv to complv with the policies and orocedures of City of 2 Bremerton's Identity Theft Prevention Program; (c) ensuring that any agent or third party who performs services on its behalf in connection with covered accounts of City of Bremerton agrees to implement reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft; and (d) alerting City of Bremerton of any Red Flag incident (as defined by the Red Flags Rules) of which it becomes aware, and the steps it has taken to mitigate any potential harm that may have occurred, and providing a report to City of Bremerton of any threat of identity theft as a result of the incident. 12. Comply with all current rules and regulations pertaining to the OIG Compliance Program for ambulance suppliers and any current special bulletins regarding LEIE recommended screening of employees and any subcontractors. C. Permitted Uses and Disclosures by Business Associate The specific uses and disclosures of PHI that may be made by Contractor on behalf of City of Bremerton include: The review of patient care information for providing advice to City of Bremerton concerning a particular ambulance incident; The review of patient care information and other medical records and submission of that information to carriers, insurers, and other payers and assisting City of Bremerton in an insurance or Medicare audit or other similar action; and 3. Other uses or disclosures of PHI as permitted by the UHCIA or HIPAA necessary to perform the services thai Contractor has been engaged fo perr'orm un uef�alf oi �iiy of Bremerton. D. Termination 1. City of Bremerton may terminate the Agreement if City of Bremerton determines that Contractor has violated a material term of the Addendum. 2. If either party knows of a pattern uf activity or practice of the other party that constitutes a material breach or violation of the other party's obligations under this Addendum, that party shall take reasonable steps to cure the breach or end the violation, as applicable, and, if such steps are unsuccessful, terminate the Agreement, if feasible. 3. Upon termination of the Agreement for any reason, Contractor shall return to City of Bremerton or destroy all NHI received from City of Bremerton, or created, maintained, or received �y C�ntractor on behalf of City of Bremerton that Contractor still maintains in any form. Contractor shall retain no copies of the PHI. If 3 � return or destruction is infeasible, the protections of this Addendum will extend to such PHI. Agreed to this 30th day of March, 2015. City of Bremert Kitsap County Emergency Medical and Trauma System Signature: Signature: � Title: f eF�le�-7- Title: S(��� � G�-- � Date: -S �' �� Date: �' r��( S �.. � �