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Business Associate Agreement This Business Associate Agreement ("BAA") is made and entered into as of the last date signed below ("Effective Date") by and between Indian River County Board of County Commissioners, as plan sponsor of its group health plan ("Covered Entity") and Save On SP, LLC ("Business Associate"), (individually "Party"; collectively, the "Parties"), in connection with the specialty pharmacy co -pay assistance program offered and administered by Business Associate through Covered Entity's pharmacy benefit management arrangement with Express Scripts Holding Company (the "Program"). RECITALS WHEREAS, as a result of the administration of the Program, Business Associate will create, receive, maintain or transmit PHI (as defined herein) on behalf of Covered Entity, or otherwise have access to PHI to perform its obligations under the Program; and WHEREAS, the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as may be amended from time to time, and the Health Information Technology for Economic and Clinical Health Act and its implementing regulations, as may be amended from time to time (collectively referred to as "HIPAA") requires the Parties to enter into an agreement pertaining to Business Associate's access, use and disclosure of PHI; and WHEREAS, the Parties enter into this BAA to satisfy the requirements of HIPAA, including the requirements for business associate agreements, and to supplement and supersede any conflicting or inconsistent terms and provisions of the Program subject to HIPAA, including any exhibits or other attachments thereto and all documents incorporated therein by reference. NOW THEREFORE, for and in consideration of the recitals above, the Parties' respective obligations under the Program and this BAA, compliance with HIPAA, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties enter into this BAA and agree as follows: SECTION 1— DEFINITIONS Capitalized terms used but not otherwise defined in this BAA have the same meaning as those terms in HIPAA. 1.1 Breach Notification Requirements. "Breach Notification Requirements" means the requirements of 42 USC § 17932 and the rules issued thereunder, including 45 CFR Part 164, Subpart D. 1.2 Business Associate. "Business Associate" has the same meaning as the term "business associate" at 45 CFR § 160.103 and, in reference to the Party to. this BAA, means SaveonSP. 1.3 Covered Entity. "Covered Entity" has the same meaning as the term "covered entity" at 45 CFR § 160.103, and in reference to the Party to this BAA, means client's group health plan. 1.4 Individual. "Individual" has the same meaning as the term "individual" in 45 CFR § 160.103 and includes a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). 1.5 Protected Health Information ("PHI"). "Protected Health Information" has the same meaning as the term "protected health information" in 45 CFR § 160.103, limited, for purposes of this BAA to