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REV:01-20-23 MI EXHIBIT A BUSINESS ASSOCIATE AGREEMENT This Exhibit is incorporated into and made part of the Agreement. The responsibilities of the Parties set forth in this Exhibit are in addition to any responsibilities set forth in the Agreement. If there is a conflict between this Exhibit and any other part of the Agreement with respect to the subject matter of this Exhibit, this Exhibit will control. In all other conflicts, the Agreement controls. This Exhibit is intended to comply with the Business Associate Agreement provisions set forth in 45 CFR §§ 164.314 and 164.504(e), and any other applicable provisions of 45 CFR parts 160 and 164, issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 as amended, including by the Health Information Technology for Economic & Clinical Health Act of the American Recovery and Reinvestment Act of 2009 ('ARRA"), (collectively "HIPAA"). Navia recognizes that in the performance of Services under the Agreement it may have access to, create, and/or receive from the Benefit Plan(s) or on its behalf Protected Health Information ("PHI'). For purposes herein, PHI shall have the meaning given to such term in 45 CFR § 164.103, limited to the information created or received from the Benefit Plan(s) or on its behalf by Navia. Whenever used in this Exhibit A other capitalized terms shall have the respective meaning set forth below or in the Agreement, unless a different meaning shall be clearly required by the context. In addition, other capitalized terms used in this Exhibit A but not defined herein or in the Agreement, shall have the same meaning as those terms are defined under HIPAA. This Exhibit shall be automatically amended to incorporate changes by Congressional act or by regulations of the Secretary that affect Business Associate or Covered Entity’s obligations under this Exhibit. 1. Definitions. 1.1. Breach. “Breach” shall have the same meaning as the term “breach” in 45 CFR 164.402. 1.2. Business Associate. “Business Associate” shall mean Navia Benefit Solutions, Inc. (“Navia”). 1.3. Covered Entity. “Covered Entity” shall mean the Benefit Plan(s). 1.4. Electronic Protected Health Information. “Electronic Protected Health Information” (“ePHI”) shall have the same meaning as the term “electronic Protected Health Information” in 45 CFR 160.103, limited to the information created, received, maintained, or transmitted by Business Associate on behalf of Covered Entity. 1.5. HHS. “HHS” shall mean the Department of Health and Human Services. 1.6. HIPAA. “HIPAA” shall mean the Health Insurance Portability and Accountability Act of 1996. 1.7. HITECH. “HITECH” shall mean the Health Information Technology for Economic and Clinical Health Act. 1.8. Individual. “Individual” shall have the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). 1.9. Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. 1.10. Protected Health Information. “Protected Health Information” (“PHI”) shall have the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created, received, maintained, or transmitted by Business Associate on behalf of Covered Entity. 1.11. Required by Law. “Required by Law” shall have the same meaning as the term “Required by Law” in 45 CFR 164.103. ATTY/AGR.2023.010/Navia Benefit Solutions (Navia Services (Dental HRA) 2023) (Page 36 of 42)