Business Associate Agreement
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10BUSINESS ASSOCIATE AGREEMENT BETWEEN
BROWARD COUNTY, FLORIDA AND _________________
This BUSINESS ASSOCIATE AGREEMENT ("BAA") is entered into by and
between Broward County, Florida ("County"), and ____________, a ____________
corporation authorized to do business in the State of Florida with its principal office located
("Business
Associate")
in
connection
with
the
at
______________________
_______________________________ (the " Agreement").
RECITALS
1. Business Associate provides services related to the operation of certain
activities/programs that involve the use or disclosure of Protected Health Information
(“PHI”);
2. The operation of such activities/programs is subject to the federal Health
Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health
Information Technology for Economic and Clinical Health Act (“HITECH”);
3. HIPAA and HITECH mandate that certain responsibilities of contractors with
access to PHI be documented through a written agreement; and
4. The County and Business Associate desire to comply with the requirements of
HIPAA and HITECH and acknowledge their respective responsibilities.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1: Definitions
1.1
All terms used in this BAA not otherwise defined herein shall have the meanings
stated in the Privacy and Security Rules, 45 CFR Parts 160, 162, 164, and 42
U.S.C. § 17921.
1.2
“HIPAA Laws” mean collectively HIPAA, HITECH, 42 CFR Part 2 (if applicable),
and the related regulations and amendments.
1.3
When the term “PHI” is used in this BAA, it includes the term “Electronic
Protected Health Information” or “EPHI.”
1.4
Penalties as used in Section 3.18 below are defined as civil penalties that may
be applied to the Business Associate and its workforce members by the
Secretary of Health and Human Services (HHS). The amount of the penalties
range depending on the type of violation. In determining penalties, the Secretary
may take into account:
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