Business Associate Agreement Page 2
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8(2) provides, other than in the capacity of a member of the workforce of such
Covered Entity, legal, actuarial, accounting, consulting, Data Aggregation,
management, administrative, accreditation, or financial services to or for such
Covered Entity, or to or for an organized health care arrangement in which
Covered Entity participates, where the provision of the service involves the
disclosure of Individually Identifiable Health Information from such Covered
Entity or arrangement, or from another Business Associate of such Covered Entity
or arrangement, to the person.
b. “Covered Entity” means a health plan (as defined by HIPAA and the HIPAA
Regulations), a health care clearinghouse (as defined by HIPAA and the HIPAA
Regulations), or a health care provider (as defined by HIPAA and the HIPAA
Regulations) who transmits any health information in electronic form in connection with
a transaction covered by the HIPAA Regulations.
c. “Data Aggregation” means the combining, by the Business Associate, of the Covered
Entity’s PHI with PHI that the Business Associate received from another Covered Entity,
to permit data analyses that relate to the health care operations of the respective Covered
Entities.
d. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996,
Public Law 104-191.
e. “HIPAA Regulations” means the regulations promulgated under HIPAA by the
United States Department of Health and Human Services, including, but not limited to,
45 C.F.R. Part 160 and 45 C.F.R. Part 164.
f.
“Individually Identifiable Health Information” means information that is a subset of
health information, including demographic information collected from an individual, and;
(1) is created or received by a health care provider, health plan, employer, or
health care clearinghouse; and
(2) relates to the past, present, or future physical or mental health or condition of
an individual; the provision of health care to an individual; or the past, present, or
future payment for the provision of health care to an individual; and
a) that identifies the individual; or
b) with respect to which there is a reasonable basis to believe the
information can be used to identify the individual.
g. “PHI” means Protected Health Information that: (i) Business Associate receives from
CE; (ii) Business Associate creates for its own purposes from Protected Health
Information that Business Associate receives from CE; or (iii) is created, received,
transmitted or maintained by Business Associate on behalf of CE.
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9100767.3
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Parent category: Medical