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Buswrss AssocnrE AnosNnuvt EXHIBIT ,.D', To Tgn CoNTRACT TO WHICH IT IS ATTACHED This Addendurn is incorporated into the contract to which this docurnent is attached between Kittitas County Washington on behalf of the Office or Departrnent thereof ("Covered Entity") and the other party or parties thereto ("Business Associate"). The singnlar shall include the plural and the plural the singular as required by the context. The Business Associate acknorvledges and agrees that Protected Health lnfonnation {PHI) in any format, including electronic PHI (ePHI), can be used, shared, created, retained or transferred only r,vithin the parameters of this document and the Department of Health and Human Services Privacy Regulations, Code of FederalRegulations, ("CFR"), Title 45, Sections 160 and 164, or as required by law. CFR Title 45, Sections 160 and 164 and any applicable Washington stafutory law ("RCW") or Admirristrative Code ("WAC") provision (Federal and State statutory or regulatory standards applicable to this addendurn are collectively referred to as "law") are by way of reflerence, an integral part of this Addendum as if incorporated in iull. Business Associate is charged with the knowledge of and agrees to abide by rhe tenns and conditions of law. To the extent that any applicable provision of RCW or WAC provides for or mandates any standard differing from those of Federal law, the standard more restrictive of disclosure shall ccntrol subject to federal preemption; this applies throughout this Addendum wilhout regard to any further explicit reference to RCW or WAC provisions. This Addendum is effective upon signitg of this attachment or tlre contract to which it is attached, whichever is prior in time. L PURPOSE. The Covered Entity needs to make available andlor disclose to the Business Associate cerlain PHI for management, administration, and legal responsibilities during the normal course of business between the parties as referenced in the contract or other agreenrent to which this document is attached and incorporated by reference. This document is intended to define and incorporate but not limit the obligations of the Business Associate lvith regard to its r"rse and protection of that PHI. IL RESPONSIBILITIES OF BUSINESS ASSOCIATE The Business Associate hereby agrees to do the following: A. Use and Disqlqsure: Use andlor disclose PHI only as permitted or required by this Addendum, Health lnsurance Ponability and Accountability Act (HIPAA), and the Health lnfonnation Technology for Economic and Clinical Health Act (Division A, Title Xlll of the American Recovery and ReinveshnentAct of 2009, Pub. Lar,v l l l-5, 2009 HR 1) ("HITECH"). The Business Associate shall use and disclose PHI only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR g 164.504(e) or other law. The Business Associate is directly responsible for ftill B. A. A. Attachment Page I of 5