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1.6 "Genetic Information" shall have the meaning assigned to such term in 45 C.F.R. <br />§ 160.103. <br />1.7 "H1PAA" shall mean the health information privacy provisions under the Health <br />Insurance Portability and Accountability Act of 1996, and regulations issued thereunder <br />at 45 C.F.R. Parts 160 and 164, as amended by HITECH. <br />1.8 "H1TECH" shall mean the Health Information Technology for Economic and Clinical <br />Health Act and the regulations issued thereunder. <br />1.9 "Individual" shall mean a person who is the subject to the Protected Health Information <br />of the Client, and shall include a person who qualifies as the Individual's personal <br />representative in accordance with 45 C.F.R. § 164.502(g). <br />1.10 "Limited Data Set" shall have the meaning assigned to such term in 45 C.F.R. <br />§ 164.514(e)(2). <br />1.11 "Protected Health Information" or "PI -11" shall have the same meaning as the term <br />"protected health information" in 45 C.F.R. § 160.103, limited to the information created <br />or received by Gehring Group from or on behalf of Client. Genetic Information shall be <br />considered PHI. <br />1.12 "Required by Law" shall mean a mandate contained in an applicable state, federal, or <br />local law that compels Client (or business associates acting on behalf of Client) to make a <br />use or disclosure of PHI that is enforceable in a court of law. <br />1.13 "Security Incident" means the attempted or successful unauthorized access, use, <br />disclosure, modification, or destruction of information or interference with system <br />operations in an information system, as defined at 45 C.F.R. § 164.304. However, <br />certain low risk attempts to breach network security, such as the incidents listed below, <br />shall not constitute a Security Incident under this Agreement, provided they do not <br />penetrate the perimeter, do not result in an actual breach of security and remain within the <br />normal incident level: <br />• <br />pings on the firewall; <br />port scans; <br />• attempts to log on to a system or enter a database with an invalid password <br />or username; <br />• denial -of -service attacks that do not result in a server being taken off-line; <br />and <br />• malware such as worms or viruses. <br />1.14 "Subcontractor" shall have the meaning as the term in 45 C.F.R. § 160.103. <br />Page 2 of 8 <br />17535410v.1 <br />102 <br />