HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1097 HEALTH RISK ASSESSMENT LIFESTYLE MANAGMENTHIPAA Business Associate Agreement Amendment
This Amendment is entered into this 17th day of February, 2010, between City of Fort Collins
("Employer"), acting on behalf of Plan Sponsor (the "Plan(s)"), and Mayo Foundation for Medical
Education and Research ("Business Associate"). This Amendment is incorporated into the Administrative
Services Agreement between Employer and Business Associate, dated April 1, 2008 (the "Agreement").
The parties intend to use the Agreement to satisfy the Business Associate contract requirements in the
regulations at 45 CFR 164.502(e), 164.504(e) and 164.314(a), issued under the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"), as amended by Title XIII, Subtitle D of the American
Recovery and Reinvestment Act of 2009 (P.L. 111-5) and regulations promulgated there under; and for
further applicable HIPAA developments published after enactment of P.L. 111-5, including statutes, case
law, regulations and other agency guidance.
Effective as of February 17, 2010, the Agreement shall be amended by adding the following new
provision:
Enactment and Impact of ARRA Provisions. Business Associate acknowledges that enactment of
the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, ARRA) amended certain
provisions of HIPAA in ways that now directly regulate, or will on future dates directly regulate,
Business Associate's obligations and activities under HIPAA's Privacy Rule and Security Rule.
Requirements applicable to Business Associate under Title XIII, Subtitle D of ARRA are hereby
incorporated by reference into the Agreement, including provisions that would govern the Plan's
action if the Business Associate undertakes that action on behalf of the Plan. Business Associate
agrees to comply, as of the applicable effective dates of each such HIPAA obligation relevant to
Business Associate, with the requirements imposed by ARRA, including monitoring federal guidance
and regulations published there under and timely compliance with such guidance and regulations.
Further, notwithstanding any other provision of the Agreement or underlying services contract(s)
between the parties, "Business Associate") agrees to pay all penalties and reasonable legally
mandated out of pocket expenses, including those incurred for reasonable remediation, which are
assessed or finally determined by a court of competent jurisdiction to be result of Business Associate
(or its agent's) failure to comply with its HIPAA obligations or through contractual agreement between
the Business Associate and Plan.
Employer and Business Associate shall each designate a representative who shall be responsible for
implementation and administration of this Agreement. All notices, notifications and correspondence
required or permitted hereunder shall be in writing and shall be deemed sufficiently given if delivered
by personal service or sent by registered, certified or express mail, postage prepaid, reputable
overnight courier service or facsimile with receipt confirmed to the representative at the following
address, or such other address as any party hereto shall designate by notice given to the other party:
To Covered Entity: City of Fort Collins
Buyer — City of Fort Collins
PO Box 580
Fort Collins, CO 80522
Fax: (970) 221-6707
In consequence of the foregoing direct regulation of Business Associate by HIPAA laws and
regulations, notwithstanding any other provision of the Agreement, Business Associate further agrees
to monitor HIPAA Privacy and Security requirements imposed by future laws and regulations, and to
timely comply with such requirements when acting for or on behalf of the Plan in its capacity as a
Business Associate.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be signed on its behalf by a
duly authorized officer of such party as of the date written below.
City of Fort Collins, Colorado
By. ,MCP
Nax;e 'AME5 P. ONJF)IL 11
Mayo Foundation for Medical Education and Research
("Business Associate")
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Assistant Treasurer