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ADDENDUM E HIPAA BUSINESS ASSOCIATE ADDENDUM This HIPAA Business Associate Addendum ("BAA") supplements and is made a part of the Administrative Services Agreement ("Service Agreement") by and between Ameritas ("Business Associate") and the party identified in the Service Agreement above ("Covered Entity"). Covered Entity and Business Associate shall be collectively referred to herein as the ("Parties"). RECITALS A. Covered Entity and Business Associate have entered or may enter into one or more services agreements (collectively the "Service Agreement") pursuant to which Business Associate is or will be providing those certain agreed upon services for and on behalf of Covered Entity, some of which may involve Business Associate's use, disclosure or creation of Protected Health Information. B. Covered Entity and Business Associate intend to protect the privacy and provide for the security of Protected Health Information received, created, used, and disclosed to or by Business Associate pursuant to the Service Agreement in compliance with HIPAA and HITECH (each as defined below). C. As part of the HIPAA and HITECH, the Standards for Privacy and the Standards for Security of Individually Identifiable Health Information codified at 45 CFR Parts 160, 162 and 164 require Covered Entity to enter into a contract with Business Associate that includes and imposes on Business Associate specific duties, obligations and requirements with respect to Business Associate's use, disclosure, creation and general handling of Protected Health Information, as set forth in, but not limited to, Title 45, §§ 164.502(e) and 164.504(e) of the Code of Federal Regulations ("CFR") and as otherwise provided in this BAA. In consideration of the mutual promises below and the exchange of information pursuant to this BAA, the Parties agree as follows: 1) Definitions. a) Specific Definitions. i) "Breach" shall have the meaning given to such term under the Privacy Rule, at 45 CFR § 164.402. ii) "Business Associate" shall have the meaning set forth above. iii) "Compliance Date" shall mean, in each case, the date by which compliance with a particular provision is required under HITECH; provided that, in any case for which that date occurs prior to the effective date of this BAA, the Compliance Date shall mean the effective date of this BAA. iv) "Covered Entity" shall have the meaning set forth above. v) "Data Agg_re atg ion" shall have the meaning given to such term under the Privacy Rule at