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<br /> <br />Business Associate Agreement <br /> <br />ORIGINAL <br /> <br />This Business Associate Agreement (the "Agreement") is entered into between Flex-Plan <br />Services, Inc. and City of Redwood City effective as of January 1, 2006. <br /> <br />Recitals <br /> <br />WHEREAS, the parties hereto (the "Parties") have entered into an arrangement (the <br />"Administrative Services Agreement") whereby Flex-Plan Services, Inc. provides services to City of <br />Redwood City, and Flex-Plan Services, Inc. receives, has access to, or creates, Protected Health <br />Information in order to provide those services; <br /> <br />WHEREAS City of Redwood City is a "Covered Entity" and subject to the Administrative <br />Simplification requirements of the Health Insurance Portability and Accountability Act of 1996, and <br />regulations promulgated thereunder, including the Privacy Rule; <br /> <br />WHEREAS, the Privacy Rule requires City of Redwood City to enter into a contract with Flex- <br />Plan Services, Inc.; <br /> <br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable <br />consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: <br /> <br />1.1 <br /> <br />Definitions <br /> <br />I. <br /> <br />1.2 <br />1.3 <br /> <br />1.4 <br /> <br />1.5 <br /> <br />Business Associate. "Business Associate" shall mean Flex-Plan Services, Inc. ("Flex- <br />Plan"). <br /> <br />Covered Entity. "Covered Entity" shall mean City of Redwood City. <br /> <br />Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR <br />164.501 and shall include a person who qualifies as a personal representative in <br />accordance with 45 CFR 164.502(g). <br /> <br />1.6 <br /> <br />Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually <br />Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. <br /> <br />Protected Health Information. "Protected Health Information" shall have the same <br />meaning as the term "protected health information" in 45 CFR 164.501, limited to the <br />information created or received by Business Associate from or on behalf of Covered <br />Entity. <br /> <br />Required By Law. "Required By Law" shall have the same meaning as the term <br />"required by law" in 45 CFR 164.103. <br /> <br />Secretary. "Secretary" shall mean the U.S. Secretary of the Department of Health and <br />Human Services or his designee. <br /> <br />Security Incident. "Security Incident" shall have the same meaning as the term "security <br />incident" in 45 CFR 164.304. <br /> <br />1.7 <br /> <br />1.8 <br /> <br />1.9 <br /> <br />Security Rule. "Security Rule" shall mean the Security Standards and Implementation <br />Specifications at 45 CFR Part 160 and Part 164, subpart C. <br /> <br />Standards for Electronic Transactions Rule. "Standards for Electronic Transactions Rule <br />means the final regulations issued by HHS concerning standard transactions and code sets <br />under the Administration Simplification provisions of HIP AA, 45 CFR Part 160 and Part <br />162. <br /> <br />1.10 <br /> <br />Mailing Address: 1 Corporate Office: <br />1421823.3 P.O. Box 70366 Web Site: 330 120th Ave. NE, Suite 200 <br />Bellevue, WA 98007 www.flex-plan.com Bellevue, WA 98007 <br />(425) 452-3500 . 1-800-669-FLEX . FAX (425) 451-7002 . flexplan@flex-plan.com <br />