HomeMy WebLinkAboutPrairie States-Amendment
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Amendment to Business Associate Agreement
Between
City of Oshkosh ("Covered Entity")
And
Prairie States Enterprises, Inc. ("Business Associate")
1. INTENT.
The purpose of this Amendment is to amend the Business Associate Agreement between the parties, (the
"Agreement"), by setting out the rights and responsibilities of the Security Standards for the Protection of Electronic
Protected Health Information under the Health Insurance Portability and Accountability Act (the "Security
Standards"). The terms of this Amendment shall be interpreted and applied consistent with this intent and with the
Secmity Standards.
As used in this Amendment, Electronic Protected Health Information shall mean Protected Health Information that
is transmitted by or maintained in electronic media. All other terms shall have the meaning set out in the Agreement
and the Security Standards.
2. UNAUTHORIZED USES AND DISCLOSURES.
In the event the Claims Administrator becomes aware of a security incident involving Electrmric Protected Health
Information, by itself or any of its agents or subcontractors, the Claims Administrator shall promptly notify the Plan,
in writing, of such security incident. The Plan and the Claims Administrator agree to act together in good faith to
take reasonable steps to investigate and mitigate any harm caused by such unauthorized use or security incident. For
these purposes, a "security incident" shall have the meaning set out in the Security Standards; generally, a security
incident means any attempted or successful unauthorized access, use, disclosure, modification or destruction of
information or systems operations in an electronic information system.
3. ApPROPRIATE SAFEGUARDS.
The Claims Administrator agrees that it shall implement administrative, physical and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity and availability of Electronic Protected Health
Information that it creates, receives, maintains or transmits on behalf of the Plan.
4. AGENTS AND SUBCONTRACTORS.
The Claims Administrator shall require each of its agents and subcontractors to which it discloses Protected Health
Information to agree, in writing, to comply with the same restrictions and conditions that apply to Claims
Adnrinistrator under this Amendment.
5. TERMINATION.
Notwithstanding any other conditions on termination of the Agreement, upon notice to the Claims Administrator, the
Plan may ternrinate the Agreement if the Claims Administrator has engaged in a pattern of activity or practice that
constitutes a material breach of its obligations under this Amendment or under the section of the Agreement titled
"Specific Requirements," and Claims Administrator fails to cure such breach within thirty (30) days of the Plan's
notice. If the Plan deternrines that ternrination of the Agreement is not feasible, it may notify the Secretary of
Health and Human Services with respect to such breach.
6. EFFECT ON AGREEMENT.
Except as specifically set forth herein, the Agreement shall remain in full force and effect.
Covered Entity:
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Printed Name: RichardA. Wollangk
Title: Ci ty Manager
Business A~. cia'; / j/
By: ~ ~/
Printed Name: Felicia S. Wilhelm
Title: President
Date: February 24, 2006