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MINNESOTA PUBLIC EMPLOYEES INSURANCE PROGRAM BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement is entered into between City of Cel1terville ("Covered Entity") and the Minnesota Public Employees Insurance Program ("Business Associate"). As of April 14, 2004, (the "Effective Date"), this Business Associate Agreement applies with respect to the use and disclosure of Protected Health Information ("PHI"). Capitalized terms used, but not otherwise defined, in this Busines~ Associate Agreement have the same meaning as those terms in the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Standards") issued pursuant to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts 160 and 164),a8 may be modified or amended from time to time ("HIPAA"). WITNESSETH: Whereas, City of Centerville has arranged for the Business Associate to provide certain services on behalf of its self-insured employee benefit welfare plan, and to provide such services, Business Associate may on occasion have access to certain PHI; Whereas, to comply with the requirements of the Privacy Standards, the Covered Entity must enter into this Business Associate Agreement with the Business Associate. Now, therefore, inconsideration of the mutual covenants and agreements herein and intending to be legally bound, the parties agree as follows: I. Obligations and Activities ofthe Business Associate ( a) The Business Associate agrees to not use or further disclose PHI other than as permitted or required by this Business Associate Agreement or as required by law; (b) The Business Associate agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Business Associate Agreement; ( c) The Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of PHI by the Business Associate in violation of the requirements of this Business Associate Agreement; (d) The Business Associate agrees to report to the Covered Entity any use or disclosure of PHI not provided for by this Business Associate Agreement of which it becomes aware;