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Attachment 1 Data Use, Security, and Confidentiality 1. Definitions ln addition to the definitions set out in section 2, Definitions, of the Contract, the definitions below apply to this Schedule: "Authorized User" means an individual or individuals with an authorized business need to access HCA's Confidential lnformation under this Contract. "Breach" means the acquisition, access, use, or disclosure of Data in a manner not permitted under law, including but not limited to the HIPAA Privacy Rule which compromises the security or privacy of the Protected Health lnformation, with the exclusions and exceptions listed in 45 C.F.R. 164.402. "Client" means an individual who is eligible for or receiving services through HCA program(s). "Confidential lnformation" means information that is exempt from disclosure to the public or other unauthorized persons under Chapter 42.56 RCW or other federal or state laws. Confidential lnformation comprises both Category 3 and Category 4 Data as described in Section 4, Data Ctassification, which includes, but is not limited to, Personal lnformation and Protected Health lnformation. For purposes of this Contract, Confidential lnformation means the same as "Data." "Contract Administrator" means the HCA individual designated to receive legal notices and to administer, amend, or terminate this Contract. "Gontract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the activities conducted under this Contract. "Govered Entity" means HCA, which is a Covered Entity as defined in 45 C.F.R. S 160.103, in its conduct of covered functions by its health care components. "Designated Record Set" means a group of records maintained by or for a Covered Entity, that is: the medical and billing records about individuals mainlained by or for a covered health care provider; the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or used in whole or part by or for the Covered Entity to make decisions about individuals. "Disclosure" means the release, transfer, provision of, access to, or divulging in any other manner of information outside the entity holding the information. "Electronic Protected Health lnformation" or "ePHl" means Protected Health lnformation that is transmitted by electronic media or maintained in any medium described in lhe definition of electronic media at 45 C.F.R. S 160.103. "HIPAA" means the Health lnsurance Portability and Accountability Act of 1996, Pub. L. 104-191, as amended by the American Recovery and Reinvestment Act of 2009 ('ARRA"), Sec. 13400 - 13424, H.R. 1 (200e) (HITECH Acg. "HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R. Parts 160 and Part 164. "lndividual(s)" means the person(s) who is the subject of PHI and includes a person who qualifies as a personal representative in accordance with 45 C.F.R. g 164.502(9). "Limited Data Set(s)" means a data set that meets the requirements of 45 C.F.R. SS 164.514(eX2) and 164.51a(e)(3). Washington Stale Haalth Carc Authotry Page 7 HCA Contract No. K5885-1