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I ATTACHMENT A HIPAA AND DATA SECURITV REOUIREMENTS Part2:. Data Security Requlrements Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a, "AE$" means the Advanced Enoyption Standard, a specification of Federal lnformation Processing Standards Publications for the encryption of electronic data issued by the National lnstitute of Standards and Technology (http://nvlpubs. nist. gov/nistpu bs/Fl PSiN lST. Fl PS, 1 97, pdfl. b. "Authorized Users(s)" means an individual or individuals with a business need to access DOC Confidential lnformation, and who has or have been authorized to do so. c. "Business Associate Agreement" means an agreernent between DOC and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health lnsurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHl) in accordance with HIPAA requirements and provides obligations for business associates to safeguard the information. d. "Category 3 Data" is Confidential information is information that is specifically protected from either release or disclosure by law. This includes, but is not limited to: 1. Personal information as defined in RCW 42.56.590 and RCW 19.255.10. 2. lnformation about public employees as defined in RCW 42.56.250. 3, Lists of individuals for commercial purposes as defined in RCW 42.56.070 4. lnformation about the infrastructure and security of computer and telecommunication networks as defined in RCW 42.56.420. e. "Category 4 Dafa" is data that is confidential and requires special handling due to statutes or regulations that require especially strict protection of the data and from which especially serious consequences rnay arise in the event of any compromise of such data. Data classified as Category 4 includes but is not limited to data protected by: the Health lnsurance Portability and Accountability Act (HIPAA), Pub. L. 104-191 as amended by the Heatth lnformation Technology for Economic anij Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educatlonal Rights and Privacy Act (FERPA), 20 U.S.C. $12329; 34 CFR Part 99; lnternal Revenue Service Publication 1075 (https;/ir,vranv,irs.gov/pub/irs-pdf/p1075,pdf); Substance Abuse and Mental Health $ervices Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice lnformation Services, 28 CFR Part 20. Washington State Depalknent of Correctious KL4078 Attachmcnt A Page 8 of 19 26RAD