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BUSINESS ASSOCIATE ADDENDUM <br />EXHIBIT "D" TO THE CONTRACT TO WHICH IT IS ATTACHED <br />This Addendum 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 (Pill) 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 ofrererence, an <br />integral part of this Addendum as if incorporated in hill. Business Associate is charged with the <br />knowledge of and agrees to abide by the teens 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. RESPONSIBILITIES OF BUSINESS ASSOCIATE <br />The Business Associate hereby agrees to do the following: <br />A. Use and Disclosure: Use and/or disclose PHI only as permitted or required by this <br />Addendum, Health insurance Portability and Accountability Act (HIPAA), and the <br />Health Information Technology for Economic and Clinical Health Act (Division A, Title <br />XI 11 of the American Recovery and Reinvestment Act of 2009, Pub. Law 111-5, 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(c) or other law. The Business Associate is directly responsible for Rill <br />B. A. A. Attachment Page I of 5 <br />