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TAs c <br /> TM <br /> BUSINESS ASSOCIATE AGREEMENT <br /> This Business Associate Agreement ( "Agreement ") is made this day of , in the year 20 12 by and between <br /> City of Centerville as plan sponsor and plan administrator acting on behalf of City of Centerville ("Covered Entity ") and Total Administrative <br /> Employer Plon <br /> Services Corporation, a Wisconsin corporation ( "Business Associate "). <br /> RECITALS <br /> WHEREAS, Covered Entity is a group health plan ( "Plan ") and wishes to engage the services of Business Associate with respect to certain <br /> administrative aspects of the Plan as more specifically set forth in a Service Level Agreement ( "SLA "); <br /> WHEREAS, Covered Entity wishes to disclose certain information to Business Associate pursuant to the terms of the SLA, some of which <br /> may constitute Protected Health Information ( "PHI ") (defined below). <br /> WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business <br /> Associate pursuant to the SLA in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 ( "HIPAA "), <br /> the Health Information Technology for Economic and Clinical Health Act, Public Law 111 -005 (the "HITECH Act "), and regulations promulgated <br /> thereunder by the U.S. Department of Health and Human Services (the "HIPAA Regulations ") and other applicable laws. <br /> WHEREAS, as part of the HIPAA Regulations, the Privacy Rule and the Security Rule (defined below) require Covered Entity to enter into a <br /> contract containing specific requirements with Business Associate prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections <br /> 164.314(a), 164.502(e) and 164.504(e) of the Code of Federal Regulations ( "C.F.R. ") and contained in this Agreement. <br /> NOW THEREFORE, in consideration of the mutual promises below and the exchange of information pursuant to this Agreement, the <br /> parties agree as follows: <br /> The general terms and conditions attached hereto are incorporated herein and deemed part of this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. <br /> COVERED ENTITY: BUSINESS ASSOCIATE: <br /> City of Centerville TOTAL ADMINISTRATIVE SERVICES CORPORATION <br /> SS/ #16."-N <br /> By: By: <br /> Print Name: Dallas Larson Print Name: Brad Hoffman <br /> Title: Administrator Title: Executive Vice President, Customer Service <br /> TC-3923-080111 Employer Initial , `TASC' <br /> 27 <br />