Business Associate Agreement - TriZetto Provider Solutions LLC - EMS Billing Services

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IIII .. Aan Pro,wtadeu, Sok,ilJomi.s ` BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("BAA") is between the "Client" identified on the "Order" ("Company") and TriZetto Provider Solutions, LLC ("TriZetto"). Company and TriZetto are each a "Party" and together the "Parties." Company is a Covered Entity or a Business Associate to one or more Covered Entities (see Section 1 for Definitions) and desires to disclose certain information to TriZetto, some of which may constitute Protected Health Information. TriZetto provides certain services to Company pursuant to one or more service agreements ("Services Agreement"). These services qualify TriZetto as a Business Associate or Subcontractor Business Associate to Company. The Parties are entering into this BAA to set forth the terms on which TriZetto may use and disclose Protected Health Information. The Parties agree as follows: 1. Definitions. Capitalized terms not otherwise defined in this BAA shall have the meanings as set forth in the HIPAA Rules. "HIPAA Rules" means collectively the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health ("HITECH") Act, and its implementing regulations set forth at 45 C.F.R. Parts 160 and 164, including the Privacy, Security, Breach Notification and Enforcement Rules. "Protected Health Information" and "PHI" have the same meaning as the term "protected health information" in 45 C.F.R. § 160.103, as applied to the information created or received by TriZetto from or on behalf of Company. "Security Incident" has the same meaning as "security incident" in 45 C.F.R. § 164.304, excluding immaterial or trivial incidents that occur on a daily basis, such as "scans," "pings," or an unsuccessful attempt to improperly access Electronic PHI that is stored in an information system under its control. 2. Obligations and Activities of TriZetto. 2.1. Uses and Disclosures of PHI'. TriZetto shall not use or disclose PHI other than as permitted or required by the Services Agreement or as required by law. 2.2. Safeguards. TriZetto shall use reasonable and appropriate safeguards in compliance with Subpart C of 45 C.F.R. Part 164 with respect to PHI in electronic format designed to prevent use or disclosure of PHI other than as provided for by this BAA. 2.3. Reporting of Improper Use or Disclosure, Breach or Security Incident. TriZetto shall report to Company in writing within 30 days after the Discovery any use or disclosure of PHI not provided for by this BAA, including any Security Incident or Breach of Unsecured PHI. Such notice shall include, to the extent known, the identification of each Individual whose PHI has been or is reasonably believed by TriZetto to have been accessed, acquired, or disclosed. TriZetto shall cooperate with Company in investigating a Breach or Security Incident so that Company may meet Company's obligations under the HIPAA Rules and any other breach notification law. TriZetto agrees TPS BAA 1 Posted/Revised: 05232017 TRIZETTO CONFIDENTIAL/TRADE SECRET