Title
a. Approve the revised Business Associate Agreement ("BAA") template to be utilized by County of Monterey Health Department ("Health") in conjunction with contracts involving Business Associates ("BAs") performing specified services including the use or disclosure of protected health information ("PHI"); and
b. Authorize the Director of Health Services or designee to execute the revised BAA Template in conjunction with contracts involving BAs performing specified services including the use or disclosure of PHI; and
c. Authorize Health to implement future changes to the BAA template and to execute further revised BAAs, all subject to review and approval by County Counsel; delegation of authority limited to June 30, 2028.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve the revised Business Associate Agreement ("BAA") template to be utilized by County of Monterey Health Department ("Health") in conjunction with contracts involving Business Associates ("BAs") performing specified services including the use or disclosure of protected health information ("PHI"); and
b. Authorize the Director of Health Services or designee to execute the revised BAA Template in conjunction with contracts involving BAs performing specified services including the use or disclosure of PHI; and
c. Authorize Health to implement future changes to the BAA template and to execute further revised BAAs, all subject to review and approval by County Counsel; delegation of authority limited to June 30, 2028.
SUMMARY/DISCUSSION:
Background
By law, the Health Insurance Portability and Accountability (HIPAA) Privacy Rule applies only to covered entities. However, most health care providers do not carry out all of their health care activities and functions by themselves. Instead, they often use the services of a variety of other persons or businesses. The Privacy Rule allows covered providers and health plans to disclose protected health information to the...
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