Professional Services Agreement - SEMMA Health Inc - 2020 City Benefit Plan

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P THIS BUSINESS ASSOCIATE AGREEMENT ("Agreement") is entered into by and CITY OF SOUTH BEND, (referred to as "Covered Entity") and SEMMA HEALTH, INC. ("Business Associate"). This Agreement is effective as of October 23, 2018 ("Effective Date"). WHEREAS, Business Associate provides services under a Data Services Agreement dated October 23, 2018 to City of South Bend, which is a Covered Entity as that term is defined under the Health Insurance Portability and Accountability Act of 1996, Public Low 104-191, and its implementing regulations (collectively, "HIPAA"), as amended by the final regulations promulgated pursuant to the Health Information Technology for Economic and Clinical Health (such regulations, "HITECH") Act (Division A, Title XIII and Division B, Title IV of Pub. L. No. 1 1 1-5) (which was part of the American Recovery and Reinvestment Act of 2009); and WHEREAS, Covered Entity is required to protect the privacy and security of Protected Health Information, including Electronic Protected Health Information (sometimes collectively referred to as "PHI" or individually as "PHI" !F PHI and "EPHI ), and to obtain written assurances that Business Associate will protect the privacy and security of PHI disclosed to or created by Business Associate on its behalf in compliance with HIPAA and HITECH; and WHEREAS, the HIPAA Privacy Rule and Security Rules and HITECH require Covered Entity and Business Associate to enter into this Agreement containing specific requirements prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections I64.502(e) and 164.504(e) of the Code of Federal Regulations ("CER"); and NOW, THEREFORE, in consideration of the mutual promises below and other consideration contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows. A. "Breach" shall have the meaning set forth in 45 C.F.R. Section 164,402. B3 "Breach Notification Rule" shall mean the rule related to breach notification for Unsecured Protected Health Information codified at 45 C.F.R. Parts 160 and 164, Subpart D. C. "Electronic Protected Health Information" or "EPHI" shall have the meaning given to such term at 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. D. "HIPAA Rules" shall mean the Privacy, Security and Breach Notification Rules. E. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information, codified at 45 C.F.R. Parts 160 and 164, Subparts A and E.