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D. "Disclose" and "disclosure" mean, with respect to Protected Health Information, <br />release, transfer, providing access to or divulging to a person or entity not within <br />Administrator. <br />E. "Electronic Protected Health Information" means Protected Health Information (as <br />defined below) that is (1) transmitted by electronic media or (2) maintained in <br />electronic media. <br />F. "Information System" shall have the meaning set out in 45 C.F.R. § 164.304 but shall <br />be limited to such Systems as contain or have Access (also as defined in 45 C.F.R. § <br />164.304) to PHI (as defined below). <br />G. "Part 2 Rule" means the Confidentiality of Substance Use Disorder Patient Records <br />Rule (42 C.F.R. Part 2). <br />H. "Patient Identifying Information" means information that: <br />a. Would identify, directly or indirectly, a Member as having been diagnosed, <br />treated, or referred for treatment for a substance use disorder, such as <br />indicated through standard medical codes, descriptive language, or both; <br />and, <br />b. Is subject to the Part 2 Rule, limited to the Patient Identifying Information <br />that BCBSSC receives from or on behalf of Purchaser (as that term is used <br />in Section Error! Reference source not found.8-.2-3 herein). <br />"Protected Health Information" means the Protected Health Information, as that term <br />is defined in 45 C.F.R. § 160.103, that Administrator creates or receives for, on <br />behalf of, or from GHP (or from a GHP Business Associate) in the performance of <br />Administrator's duties under the Agreement and this Addendum. For purposes of <br />this Addendum, Protected Health Information encompasses Electronic Protected <br />Health Information. <br />J. "PHI Breach" shall have the meaning of the term "Breach" in 45 C.F.R. § 164.402 but <br />shall be limited to those involving PHI (as defined below). <br />K. "Plan Document" means GHP's written documentation that informs Covered Persons <br />of the benefits to which they are entitled from GHP and describes the procedures <br />for (1) establishing and carrying out funding of the benefits to which Covered <br />Persons are entitled under GHP, (2) allocating and delegating responsibility for <br />GHP's operation and administration, and (3) amending the Plan Document. <br />Employer and GHP represent and warrant that GHP's Plan Document provides for <br />the allocation and delegation of the responsibilities assigned to Administrator under <br />the Agreement. <br />L. "Security Incident" shall have the meaning set out in 45 C.F.R. § 164.304 but shall be <br />limited to such Incidents as occur with respect to Information Systems (as defined <br />above) and that involve Electronic PHI. <br />38 <br />