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Res 03-22 Authorizing an Agreement with Texas Medical Data Systems, Inc.TOWN OF WESTLAKE RESOLUTION 03-22 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH TEXAS MEDICAL DATA SYSTEMS, INC. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, does hereby authorize the Town Manager to enter into an agreement with Texas Medical Data Systems, Inc. as attached here as Exhibit A. PASSED AND APPROVED ON THIS 14th DAY OF APRIL 2003. C Scott Bradley, Mayor ATTEST: ........ _. 14 inger rosswy, Town SeerSecrq1Fy1 Trent O. Petty, Town Man APPROVED AS T2 FORM: i ,T Business Associates Agreement Between Town of Westlake And Texas Medical Data Systems, Inc. 1 e Texas Medical Data Systems, Inc., hereinafter referred to as "TMDS", shall carry out its obligations under this Agreement in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F — Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable protected health information ("PHI") that is collected, processed or learned as a result of the Billing Services provided hereunder to the Town of Westlake, hereinafter referred to as "CITY". In conformity therewith, TMDS agrees that it will: a. Not use or further disclose PHI except as permitted under this Agreement or required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Agreement; c. To mitigate, to the extent practicable, any harmful effect that is known to TMDS of a use or disclosure of PHI by TMDS in violation of this Agreement. d. Report to the CITY any use or disclosure of PHI not provided for by this Agreement of which TMDS becomes aware; e. Ensure that any agents or subcontractors to whom TMDS provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to TMDS with respect to such PHI; f. Make PHI available to the CITY and to the individual who has a right of access as required under HIPAA within 30 days of the request by the CITY on the individual; g. Incorporate any amendments to PHI when notified to do so by the CITY; h. Provide an accounting of all uses or disclosures of PHI made by TMDS as required under the HIPAA privacy rule within 60 days; i. Make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Depazti exit of Health and Htunari Services for purposes of determining TMDS' and the CITY'S compliance with HIPAA; and j. At the termination of this Agreement, return or destroy all PHI received from, or created or received by TMDS on behalf of the CITY, and if return is infeasible, the protections of this agreement will extend to such PHI. 2. The specific uses and disclosures of PHI that may be made by TMDS on behalf of the CITY include: a. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by the CITY to its patients; b. Preparation of reminder notices and documents pertaining to collections of overdue accounts; c. The submission of supporting documentatiori to carriers, insurers and other payers to substantiate the health care services provided by the CITY to its patients or to appeal denials of payment for same. d. Uses required for the proper management of the TiVIDS as a business associate. e. Other uses or disclosures of PHI as permitted by HIPAA privacy rule. ---3. Notwithstanding any -other provisions of this Agreement, this Agreement may be terminated by the CITY, in its sole discretion, if the CITY determines that TNIDS has violated a term or provision of this Agreement pertaining to the CITY'S obligations under the HIPAA privacy rule, or if TMDS engages in conduct which would, if committed by the CITY, would result in a violation Qf the HIPAA privacy rule by the CITY. TEXAS MEDICAL D TA SYSTEMS, INC. i Date: l ApPa L)�M3 By: Ke ' Sig er, Press ent ATTEST: TOWN OF'44rESTLAIa, TEXAS Date: By:`,�,% Don Wilson, EMS D1TeCtor APPROVED AS TO Ci