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CM-09-12-238titlairtoe 3 /1urbotttort i ker THIS Arreemont fs orrtnrod into on 11119day �� P) 'ENTTIY crud , of bo �� � n�_�-_�5 u iv C � ( ) (.1!_t//r'f'/nL �i (ASSOCIATE ).T >,'~'HERE.AS, ENTITY is.a'covered entity' as that ten is defined in Health lnsuranc Portability end Accountability Act Privtoy Regulation, (`Privacy Regulation`) veil make rtvallabla to ASSOCIATE: certain Information that is confidential and must bo afforded special troa wont and protection. WHEREAS, ASSOCIATES will havo access to and/or receive from ENTITY wrtoin protected health Information that can bo used or disclosed only as permitted by the Health Insurance Portability and Accountab✓lity Act of 19f18, and the Rules and Regulations enacted with respect thereto, as the sana0 may be roaonclod regarding privacy of iradIvlctual Identifiable health Infcrmatkn. In additicxa to agreements with ENTITY, ASSOCIATE may also have additional agreements written or verbal with ENTITIES sponsor, NOW, THEREFORE, ENTITY and /ASSOCIATE agr3o as follows: i. Tho term of t hes Contr;actshah corn -aorta as of -,-J� (tiro `Effective Date'), and shall oxpn-et Men all of ttw Infprmalion provided by ENTITY to ASSOCIATE is destroyed or returned to ENTITY. 2. Tho Parties hereby agree that ASSOCIATE shah tea permitted to use and/or disclose Information provided or mado aval,'ablo from ENTITY for the following stated purposes: a. Assistance In treatment, payment or health can operations of ENTITY. b. A.%istanw In analyzing and dotornrininp the fiscd status of ENTITY, c. Assistance in delomainir>g utilization, affect of benefit ciaangos, and nmanr.{;r:munt of o!hor business rassocietes of ENTITY, d. Assistance In dotarminflfj tho naafi of 8orvices, 'iefjc': atinij u:aa oc v rtilo od to ENTITY Including the plating of Insurance po!kdos, mann ement of such 1kolic o:r and rnonitoriof] porfommarrco and offocfi onoss of such sery acs. o. ASSOCIATE shal not engage In raor permit Eho use of protected health Information for The purpose of taking employment action against any member raveled by ENTITY. 3. ASSOCIATE OBLIGATIONS: a. ASSOCIATE hereby afjreos that the Information provided or made ava'ahio by ENTITY shall not be furthor used or d>rdosod other than as permitted or required by the Contract or as required by lave, and that ASSOCIATE will use oppropflate safeguards vlaon hancksj protected health Infonnotion. b. ASSOCIATE hereby agrees that ft shall report to ENTITY any use or disclosure of information not provided for or aiiovM by tills Contract, c. ASSOCIATE hereby agrees that anytimo Information fs provided or mode avetfie to any subcontractors or Ggonts, ASSOCIATE must enter Into a subcontract with trio subcontractor or agent that contains substantially the same terms, conditions and restrictions on the use aced disclosure of Infonaaiion as contained In this Contract. c %►\- c -is-06 d, ASSOCIATE hereby agrees to miiko avallaltle and provl(So n tight of ucceM to information by nil Individual, to make Info ma(ioa avafablo for a mandr11ent End to Incorporate any a ioncimentti io Informallon, and to provldo all acimintlau of disclosures lti accorcfanra vitt!) U e Piivtrcy RA). o. ASSOCIATE hereby egroas to'mike its Inton mal prectkes, books, and tocords rotating to the use or disclosure of Information received from, or crtiatocl or r:v(;olved by ASSOCIATE on bsl iaif of Ute ENTITY, Y, avaflabla to EMITIS for pripo sos of dotan iln!ng coinpl!anca of ENTITY v401 Umo of i! IS Prhraey Regulations. f, ASSOCUkTE aciteos to hc+vo procoduros In place for mitigating, to U'o rnaxlrrtuiu coPent prnclicablo, any delototfous offoct croft] tho use orcifrclosurr of infornmatIon in a mrmannur conlraiy to Mia Contract or Ma 1}NI IS Privacy RogtraEiaas. 4. ASSOCIA i is agreas. that ENTITY hes Ma right to terminaln iid3 Af)roernont anti ;ra k rr!laf If PPI; UY datoratinaa Mat ASSOCIATE ii<i3 violated Mk; AfJlowf'eiit 08(1 is trntmt,!O to :,rw!k;?a1o, ractify or olisstv;isrr fail:' o piovklo t;rlcqua;o a° sumnco of COIreCiivo tsGUr;;l to plownt fu. -iter inripprepriate clisclo uns;r, IN WITNESS WHET OP, O ff: and ENTITY have caused tills Cootroct to be sed ad dcllvared by fho!r d fepresontajvos, as of the dato not fol abovo, ASSOC A'r Print Nana: ,c y/ J/A„Ucl� fj ENT Printf , c1o�Me YR,t�TUiS . Title; ' Date ..!nem: rt -4, O -- OF ROUND ROCK, TEXAS POR CITY, ATTEST: By: Sara L. ?Mite, c7ty Secretary P'OR CITY, PROVED AS TOPORN: r/°._ Step la L. Sheets, City Attorney DATE: 11/24/09 SUBJECT: City Manager Approval — 12/4/09 ITEM: Consider executing the Business Associate Agreement with Whiteglove House Call Health Department: Staff Person: Human Resources Teresa Bledsoe, Human Resources Director Justification: Whiteglove House Call Health's Business Associate Agreement represents and warrants that it will comply with all privacy regulation as defied in the Health Insurance Portability and Accountability Act Privacy Regulations when handling any and all protected health information of employees covered by the City's health plan. Strategic Plan Relevance: Funding: Cost: Source of funds: Outside Resources (if applicable): Public Comment (if applicable): 10 19 09 Request for City Council/City Manager Action rr i City Council City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Human Resources Contact Person: Teresa Bledsoe / Linda Gunther Project Mgr/Resource: Teresa Bledsoe Project Coordinator: Linda Gunther Assigned Attorney: l K Gayle City Council or City Manager Approval Date: Agenda Wording Project Name: ContractorNendor: Funding Source: Additional funding Source: Amount: Account Number: 12/4/2009 FoRgrcfg afio l7se ONLY DEC 0 2 2009 rnnra. Received: Tag#: Original Documents Received: Business Associate Agreement Whiteglove House Call Health Consider executing the Business Associate Agreement with Whiteglove House Call Health Finance Information Is Funding Required? Yes No I Initial Construction Contract Construction Contract Amendment a Change Order g []Change in Quantity ED Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action below) FINANCE N/A Approved 1::=1 El 0 [3 [2] APPROVALS (to be completed ONLYby Finance) Final Finance Approval Required Approved Finance/CIP L. Olsen Date 12/1/2009 Finance/Acct E. Wilson Date 12/2/2009 Purchasing EE Bowden. Date 11/25/2009 Budget P. Bryan Amount 12/2/2009 Date Once approvals have been obtained, please forward the RFA, blue sheet, back up information and originals to City Secretary, Sara White. ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION. Reuired for Submission of ALL Ci Council and Ci a. er Items Project Mgr. Sig Ir �" /1/y'/� 4 Dept. Director Signa/! 'City AttorneySignatura� City Manager Signature: Date: I - Li" 09 Date: 12-x-01 *City Attomey signature is required for all items. REVISED 12/2/2009 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: HUMAN RESOURCES Project Name: BUSINESS ASSOCIATE AGREEWIENI Project Mgr/Resource: LINDA GUNTHER Contractor/Vendor: WHITEGLOVE HOUSE CALL HEALTH Council Action: ORDINANCE RESOLUTION Agenda Wording City Manager Approval CMA Wording Consider executing tile Business Associate Agreement with Whiteglove House Call Health. Attorney Approval Attorney Notes/Comments Date 0:1v,cfox1SCCInIs10 ) 24\ 09011MISCIOO 176332 Updated wJioiu