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CASS COUNTY <br />COMMISSION POLICY MANUAL <br /> <br />39.00 <br /> <br />SUBJECT: <br /> <br />HEALTH INSURANCE PORTABILITY & ACCESSIBILITY ACT (HIPAA) <br /> <br /> PAGE 8 OF 10 <br /> <br />to another entity if it receives satisfactory assurances, provided <br />in a written contract, that the business associate will <br />appropriately safeguard the IIHI. If Cass County and business <br />associate are both governmental entities, a memorandum of agreement <br />will provide satisfactory assurances. <br /> <br />The requirement for business associates does not apply to: <br /> <br />*Disclosures made to a provider for treatment; <br />*Disclosures made to a health-plan sponsor; and <br />*Use or disclosures by a health plan that is a government <br /> program providing public benefits, if eligibility for, or <br /> enrollment in, the health plan is determined by an agency <br /> other than the agency administering the health plan, or if <br /> the protected IIHI used to determine enrollment or <br /> eligibility in the health plan is collected by an agency <br /> other than the agency administering the health plan, and such <br /> activity is authorized by law, with respect to the collection <br /> and sharing of IIHI for the performance of such functions by <br /> the health plan and the agency other than the agency <br /> administering the health plan. <br /> <br />A contract or other written arrangement will provide satisfactory <br />assurances to Cass County that the business associate will comply <br />with HIPAA requirements necessary to protect the protected IIHI <br />shared by Cass County. The contract or other written arrangement <br />will establish permitted and required uses and disclosures and will <br />also require the business associate to: <br /> <br />*Appropriately safeguard the IIHI; <br />*Report any misuse of IIHI; <br />*Secure satisfactory assurances from any subcontractor; <br />*Grant individuals access and ability to amend their IIHI; <br />*Make available an accounting of disclosures; <br />*Release applicable records to Cass County, if requested; and <br />*Upon termination, return or destroy all IIHI. <br /> <br /> <br />