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SCHEDULE A Business Associate Agreement Th is Busin ess Associate Agreement (''Agre eme nt") is mad e and entered in to by and betwee n, Kittitas County Public Health Department (''Covered Entity" or ''CE ''), and First Choice He alth Network-. Inc. ("Business Associate" or "BA"). Covered Entity and Business Associate may be referred to individually as a "Party" and collectively as the "Parties ". Recitals WHEREAS, CE and BA have entered into an agreement pursuant to which BA will provide certain services to or on behalf of CE , and BA may create , receive, maintain, transmit, or have access to Protected Health Information in order to provide those services ("Services Agreement "); WHEREAS, the Deportment of Health end Human Services ("HHS") has promulgated regulations at 45 Code of Federal Regulations ("C .F.R.") Parts 160 and 164 implementing the privacy requirements ("Privacy Rule ") and regulations at 45 C.F.R. Parts 160, 162 and 164 implementing the security requirements ("Security Rule") set forth in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA ") as amended by regulations implementing Subtitle D of the Health Information Technology for Economic and Clinical Health Act which is Title XIII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5); WHEREAS, the Privacy Rule and Security Rule require CE to enter into a written contract with BA in order to assure certain protections for the privacy and security of Protected Health Information , and the Privacy Rule and Security Rule prohibit the disclosure or use of Protected Health Information to or by BA if such a contract is not in place; WHEREAS, both Parties mutually agree to satisfy the foregoing regulatory requirements and all federal , state and local confidentiality , privacy, and security laws through this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual promises contained herein , the receipt and sufficiency of which are hereby acknowledged, CE and BA agree as follows: 1. Definitions. Terms used , but not otherwise defined in this Agreement shall have the same meaning as those terms in 45 C.F.R. Part 160, Part 162, and Part 164, then in effect or as amended, which are collectively referred to as the "HIPAA Rules". 1.1 "Breach" shall have the same meaning as the term "Breach" in 45 C.F.R. § 164.402 . 1.2 "Data Aggregation" shall have the meaning given such term in 45 C.F.R. § 164.501. 1.3 "Designated Record Set" shall have the meaning given to such term in 45 C.F.R. § 164 .501. 1.4 "Disclose" and "Disclosure" mean, with respect to Protected Health Information, the release, transfer, provision of, access to, or divulging in any other manner of Protected Health Information outside BA 's internal operations or to persons or entities other than members of its workforce . 1.5 "Electronic Protected Health Information" or "EPHI" shall have the meaning found in the Security Rule , 45 C.F .R. § 160 .103. 1.6 "HITECH Act" shall mean the Health Information Technology for Economic and Clinical Health Act , found in Title XIII of the American Recovery and Reinvestment Act of 2009, Public Law 111-005 , and the regulat ions promulgated thereunder by the Secretary. 1.7 "Individual" shall have the same meaning found in 45 C.F .R. § 160 .103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164 .502(9). FCHN-PRO-042016 17