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EXHIBIT B BUSINESS ASSOCIATE AGREEMENT This Business Astered into by and between City of Roseville on behalf of the Plan and MEDSURETY, LLC. siness I. Purpose A. Business Associate is contractually obligated to provide certain services related to one or morntities and regulated under HIPAA. The parties to this Agreement acknowledge that (1) Business Associa that term is defined and regulated under the Health Insurance Portability and Accountability Act of 199and (2) Business Associate provides rm is defined and regulated under HIPAA. B. This Agreement is intended to cent between the Plan, as a Covered Entity, and the Business Associate, as required under the privacy and security provisions of HIPAA, as amended. Portions of HIPAA apply directly to Business Associate as provided in the Heath Information Technology for Economic and Clinical Health Act American Recovery and Reinvestment Act of 2009 s under this Agreement may be the same as, or in some cases in addition to, Business s under HIPAA as provided in HITECH. II. Special Definitions The following definitions are used by this Agreement: A. Agreement means this Business Associate Agreement, which is an agreement required under 45 C.F.R. Section 164.314(a)(2) between a Business Associate and a Covered Entity. B. ARRA means the American Recovery and Reinvestment Act of 2009. C. Breach means the unauthorized acquisition, access, use, or disclosure of Protected Health Information regarding a Covered Individual that compromises the security or privacy of the Protected Health Information as determined in accordance with 45 C.F.R. Section 164.402. Notwithstanding the foregoing, a Breach does not include: (1) any unintentional acquisition, access, or use of Protected Health Information by an employee or individual acting under the authority of Covered Entity or Business Associate and in the scope of the employment or relationship between the employee or individual and Covered Entity or Business Associate, provided such information is not further acquired, accessed, used, or disclosed by any person without authorization; (2) any inadvertent disclosure by an individual who is authorized to access Protected Health Information at acility to another similarly situated individual at the same facility, provided such information is not further acquired, accessed, used, or disclosed by any person without authorization; and (3) a disclosure of Protected Health Information in a situation in which Business Associate has a good faith belief that the person(s) to which the unauthorized disclosure was made would not reasonably have been able to retain such information. MEDSURETY, LLC 25 Administration Agreement (Non-ERISA) Exhibit Business Associate Agreement