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R. Plan means the C.F.R. Section 160.103, consisting of Flexible Spending Account, Limited Purpose Flexible Spending Account and Dependent Care Assistance Program. S. Privacy Rule means the Standards and Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, subparts A and E and the privacy provisions of HIPAA, as amended. T. Protected Health Information shall have the same meaning as the tetected hted to the information created, received, maintained, or transmitted by Business Associate from or on behalf of Covered Entity. Protected Health Information specifically includes Electronic Protected Health Information. U. Provider means a hospital or professional practitioner duly certified or licensed to provide health care services to Covered Individuals. V. Required By Law shall have the same meaning as the ter 45 C.F.R. Section 164.103. W. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. X. Security Incident shall have the same m C.F.R. Section 164.304, unless defined differently in Covered policies and procedures for compliance with the Security Rule, which shall be provided to the Business Associate. Y. Security Rule means the Security Standards and Implementation Specifications at 45 C.F.R. Part 160 and Part 164, subpart C and the security provisions of HIPAA, as amended. Z. Standards for Electronic Transactions Rule - means the final regulations issued by HHS concerning standard transactions and code sets under the Administrative Simplification provisions of HIPAA, 45 C.F.R. Part 160 and Part 162. AA. Subcontractor means an individual described in 45 C.F.R. Section 160.103. BB. Unsecured Protected Health Information means Protected Health Information that has not been rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary. As of August 24, 2009, the Secretary has specified the following technologies and methodologies that will render Protected Health Information unusable, unreadable, and indecipherable (i.e., secured Protected Health Information): (1) encryption as described determined by the National Institute of Standard and Technology to meet the standards described in such guidance, or (2) destruction, in accordance with the procedures identified in the Secretary which the Protected Health Information was stored or recorded. MEDSURETY, LLC 27 Administration Agreement (Non-ERISA) Exhibit Business Associate Agreement