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BUSINESS ASSOCIATE ADDENDUM <br />EXHIBIT "A"TO THE CONTRACT TO WHICH IT IS ATTACHED <br />This Addendurn is incorporated into the contract to which this document is attached between <br />Kittitas County Washington on behalf of the Office or Department thereof ("Covered Entity") <br />and the other party or parties thereto ("Business Associate").The singular shall include the plural <br />and the plural the singular as required by the context. <br />The Business Associate acknowledges and agrees that Protected Health Information (PHI)in any <br />format,including electronic PHI (ePHI),can be used,shared,created,retained or transferred <br />only within the parameters of this document and the Department of Health and Human Services <br />Privacy Regulations,Code of Federal Regulations,("CFR"),Title 45,Sections 160 and 164,or <br />as required by law. <br />CFR Title 45,Sections 160 and 164 and any applicable Washington statutory law ("RCW")or <br />Administrative Code ("WAC")provision (Federal and State statutory or regulatory standards <br />applicable to this addendum are collectively referred to as "law")are by way of reference,an <br />integral part of this Addendum as if incorporated in full.Business Associate is charged with the <br />knowledge of and agrees to abide by the tenns and conditions of law.To the extent that any <br />applicable provision of RCW or WAC provides for or mandates any standard differing from <br />those of Federal law,the standard more restrictive of disclosure shall control subject to federal <br />preemption;this applies throughout this Addendum without regard to any further explicit <br />reference to RCW or WAC provisions. <br />This Addendum is effective upon signing of this attachment or the contract to which it is <br />attached,whichever is prior in time. <br />I.PURPOSE <br />The Covered Entity needs to make available and/or disclose to the Business Associate certain <br />PHI for management,administration,and legal responsibilities during the normal course of <br />business between the parties as referenced in the contract or other agreement to which this <br />document is attached and incorporated by reference.This document is intended to define and <br />incorporate but not limit the obligations of the Business Associate with regard to its use and <br />protection of that PHI. <br />IL RESPONSIBILITIESOF BUSINESS ASSOCIATE <br />The Business Associate hereby agrees to do the following: <br />A.Use and Disclosure:Use and/or disclose PHI only as pennitted or required by this <br />Addendum,Health Insurance Portability and AccountabilityAct (HIPAA),and the <br />Health InformationTechnology for Economic and Clinical Health Act (Division A,Title <br />XIII of the American Recovery and Reinvestment Act of 2009,Pub.Law ll 1-5,2009 <br />HR 1)("HITECH").The Business Associate shall use and disclose PHI only if such use <br />or disclosure,respectively,is in compliance with each applicable requirement of 45 CFR <br />§164.504(e)or other law.The Business Associate is directly responsible for full <br />B.A.A.Attachment Page 1 of 5