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Busn,less Assocu.rr AnneNDuu EXHIBIT "D" To rHe CoNrnecr ro wHICH rr is ATTACHED This Addendum is incorporated into the contract to which this document is attached between Kittitas County Washinglon on behalf of the Office or Department thereof ("Covered Entiry") and the other party or parties thereto ("Business Associate"). The singular shall include the plural and the plural the singular as required by the context. The Business Associate acknowledges and agrees that Protected Health Information (PHI) in any format, including electronic PHI (ePHI), can be used, shared, created, retained or transferred only within the parameters of this document and the Department of Health and Human Services Privacy Regulations, Code of Federal Regulations, ("CFR"), Title 45, Sections 160 and 164, or as required by law. CFR Title 45, Sections 160 and 164 and any applicable Washington statutory law ('?CW') or Administrative Code ("WAC") provision (Federal and State statutory or regulatory standards applicable to this addendum are collectively referred to as "law") are by way of reference: an integral part of this Addendum as if incorporated in full. Business Associate is charged with the knowledge of and agrees to abide by the terms and conditions of law. To the extent that any applicable provision of RCW or WAC provides for or mandates any standard differing frorn those of Federal law, the standard more restrictive of disclosure shall control subject to federal preemption; this applies throughout this Addendum without regard to any fu*her explicir reference to RCW or WAC provisions. This Addendum is effective upon signing of this aftachment or the confract to which it is attached, whichever is prior in time. r. P{IRPq,SE The Covered Entity needs to make available and/or disclose to the Business Associate certain PHI for management, administation, and legal responsibilities during the normal course of business between the pa*ies as referenced in the contract or other agreement to which this documeni is attached and incorporated by reference. This document is intended to define and incorporate but not limit the obligations of the Business Associate with regard to its use and protection of that PHI. tI. RESPOL\TSTBILITIES OF EUEINESS ASSOqTATE The Business Associate hereby a_qrees to do the following: A. Use and.lJisclosure: Use andlor disclose PHI only as permitted or required by this Addendum, Health Insurance Portability and Accountability Act (HIPAA), and the Health Information Technology for Economic and Clinical Health Act (Division A, Title )ilII of the American Recolery and Reinvestment Act of 2009, Pub. Law 111-5, 2009 HR 1) ("HITECH"). The Business Associate shall usc and disclose PHI only if zuch usc or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR $ 164.50a(e) or other law. The Business Associate is directly responsible for ful1 B^ A. A- A*achment Page 1 of 5