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• <br />BUSINESS ASSOCIATE AGREEMENT <br />16" OS7 <br />This Business Associate Agreement (the "Agreement") by and between Indian River County <br />BOCC, ("Client"), and The Gehring Group, Inc. ("Gehring Group") is made and entered into <br />effective August 15, 2014. <br />RECITALS <br />WHEREAS, Client is a "covered entity". as those terms are defined in 45 C.F.R. § <br />160.103; and <br />WHEREAS, Gehring Group provides consulting services to Client; and <br />WHEREAS, as a result of such functions, Client has identified Gehring Group as a <br />"business associate," as defined in 45 C.F.R. § 160.103, of Client for purposes of the privacy and <br />security requirements under the Health Insurance Portability and Accountability Act of 1996, <br />(HIPAA) as amended by the Health Information Technology, for Economic and Clinical Health <br />Act (HITECH) and the regulations issued thereunder; and <br />WHEREAS, Gehring Group acknowledges that it is a business associate, as defined in 45 <br />C.F.R. § 160.103, of Client that may create, use, or disclose Protected Health Information or <br />Electronic Protected Health Information on behalf of Client; and <br />WHEREAS, Client desires to obtain written assurances that Gehring Group will <br />safeguard Protected Health Information or Electronic Protected Health Information created or <br />received by or on behalf of Client. <br />NOW, THEREFORE, the parties agree as follows: <br />1. DEFINITIONS <br />1.1 "Breach" shall have the meaning set forth in 45 C.F.R. §164.402. <br />1.2 "Data Aggregation" shall have the meaning as the term "data aggregation" in 45 C.F. R. <br />§ 164.501. <br />1.3 "Designated Record Set" shall mean a group of health-related records about an Individual <br />as provided in 45 C.F.R. § 164.501. <br />1.4 "Electronic Health Record" shall mean an electronic record of health-related information <br />with respect to an Individual that is created, gathered, managed and consulted by <br />authorized healthcare clinicians and staff. <br />1.5 "Electronic Protected Health Information" or "Electronic PHI" means information that <br />Gehring Group or its agent, including a subcontractor, creates, receives, maintains or <br />transmits from or on behalf of Client that comes within paragraphs 1(i) or 1(ii) of the <br />definition of "protected health information" at 45 C.F.R. § 160.103. <br />Page l of 8 <br />17535410v.1 <br />