Community View Use Agreement - Michiana Health Information Network Inc. - Access to MHIN Clinical Data Repository for Ambulance Billing

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BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE Agreement (this "Agreement") is entered into this 13' day of September 2016, by and between City of South Bend, Indiana ("City"), acting by and tiv_ough its Board of Public Works, (`Board") on behalf of the City's Fite Department ("SBFD") (collectively "Covered Entity") and Michiana Health Information Network, Inc. ("Business Associate" or "MHIN"). WHEREAS, Covered Entity has contracted with Business Associate to provide Products and Services to the Covered Entity and the Coveted Entity is required by law to enter into this Agreement with Business Associate; and WHEREAS, the fatties wish to disclose to each other certain information which may constitute Protected Health Information; and WHEREAS, the purpose of this Agreement is to satisfy certain obligations under the Federal Health Insurance Portability and Accountability Act of 1996 and its related regulations (HIPAA"), the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Retovety and Reinvestment Act of 2009 and xelated regulations promulgated by the Secretary (the "HITECH Act'). These provisions of the HITECH Act and the regulations applicable to Business Associate are collectively referred to as the "HITECH BA Provisions." NOW, THEREFORE, in consideration of the mutual promises below, and for other good and valuable consideration,. the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Interpretation oftMs Agreement, Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the Parties to comply with HIPAA. 2. Definitions. All capitalized terms used herein and not further defined below shall have the meanings set forth: in the HIPAA Regulations (as such term is defined below). (a) Administrative Safeguards. "Administrative Safeguards" shall have the same meaning as the term "administrative safeguards" in 45 C.F.R. § 164.304. (b) Electronic Protected Health. Information (EPHI), "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected health information" in 45 C.F.R. § 160.103, limited to the information created, received, maintained or transmitted by Business Associate on behalf of Covered Entity. (c) HIPAA Regulations. "141PAA Regulations" are those regulations codified under Parts 160, 162 and-164 of Title 45 of the Code of Federal Regulations (C.F.R) relating to privacy and security of PHI, including specifically the Standards for Privacy of individually Identifiable Health Information at 45 C.F.R. part 160 and part 164, subparts A and E (the Trivacy Rule") and the Health Insurance Reform: Security Standards at 45 C.F.R. parts 160,162, and 164 (the