24-15 emsCharts Agreement.pdf

ATTACHMENT B HIPAA BUSINESS ASSOCIATE ADDENDUM This Addendum, dated as of. 20 ("Addendum"), supplements and is made a part of the Services Agreemetit (as defined below) by and between Covered Entity (as defined below) and emsCharts, Inc. ("Business Associate"). WHEREAS, Covered Entity and Business Associate are parties to the Services Agreement pursuant to which Business Associate provides certain services to Covered Entity. In connection with Business Associate's services, Business Associate creates or receives Protected Health Information from or on behalf of Covered Entity, which information is subject to protection under the Federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 ("HIPAA"), and related regulations promulgated by the Secretary ("HIPAA Regulations"), the Health Information Technology for Economic and Clinical Health Act, Title XH of the American Recovery and Reinvestment Act of 2009 (the "HITECH Act"). WHEREAS, in light of the foregoing and the requirements of the HIPAA, the HITECH Act and HIPAA Regulations, Business Associate and Covered Entity agree to be bound by the following terms and conditions: L Definitions. a General. Terms used, but not otherwise defined, in this Addendum shall have the same meaning given to those terms by HIPAA, the HITECH Act and HIPAA Regulations as in effect or as amended from time to time. db. Specific. i Covered Entity. "Covered Entity" shall mean all entities, individually and collectively, which have entered into a Services Agreement (as defined below) with Business Associate and are controlled by, or are under common control with the Customer identified in the Services Agreement, directly or indirectly, or in the future control, are controlled by, or are under common control with the Customer identified in the Services Agreement, directly or indirectly. Business Associate shall fulfill each of its responsibilities under this Addendum to each Covered Entity covered by this Addendum. it. Breach. "Breach" shall have the same meaning as the term "breach" in the HITECH Act, Section 13400(1). iii. Electronic Health Record. "Electronic Health Record" shall have the same meaning as the term "electronic health record” in the HITECH Act, Section 13400(5). iv. Electronic Protected Health Information. "Electronic Protected Health Information" shall have the same meaning as

aning as the term "electronic health record” in the HITECH Act, Section 13400(5). iv. Electronic Protected Health Information. "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected health information” in 45 CFR 160.103, limited to the information that Business Associate creates, receives, maintains, or transmits from or on behalf of Covered Entity. v. 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). vi. 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. emsCharts Service Agreement, v12.3 Page 14 of 19