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CONSENT 3 f INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird, County Administrator FROM: Colleen Peterson, Human Resources Manager DATE: March 9, 2015 SUBJECT: Authorize County Administrator to Execute the Business Associate Agreement and Confidentiality Agreement pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Staff seeks approval for the County Administrator to execute the Business Associate Agreement and Confidentiality Agreement pertaining to HIPAA at the March 17, 2015 regular meeting of the Board of County Commissioners. Background The Business Associate Agreement and Confidentiality Agreement are required in order to comply with requirements under HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH). The Privacy Rule establishes national standards to protect individuals' medical records and other personal health information. The Privacy Rule applies to health plans, health care clearinghouses, and health care providers that conduct health care transactions electronically. The HIPAA Privacy Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The HIPAA Rules require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information (PHI). The business associate contract also serves to clarify and limit, as appropriate, the permissible uses and disclosures of Protected Health Information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. The Business Associate Agreement will protect Indian River County BOCC and the Gehring Group with regard to the proper handling and disclosure of PHI and Electronic PHI by the Gehring Group on behalf of BOCC. The Confidentiality Agreement is a tri -party agreement between Indian River County BOCC, Benefits Workshop (service provider) and the Gehring Group. Benefits Workshop provides the Flexible Spending Accounts (FSA) for unreimbursed medical expenses. This agreement specifies how PHI and Electronic PHI concerning employees who have FSAs or benefit policies will be handled and disclosed on behalf of Indian River County BOCC by both the Gehring Group and Benefits Workshop as our service provider. The indemnification clause in the agreement, 3.11, applies to Benefits Workshop only. Recommendation Staff recommends that the Board authorize the County Administrator to execute the agreements in order to comply with requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). ATTACHMENTS: Business Associate Agreement and Confidentiality Agreement APPROVED FOR AGENDA: oseph-X Baird, County Administrator Date �. ., AA -•• L^�. F�T/lE 100