(ATTACHMENT B)
BUSINESS ASSOCIATE AGREEMENT
This BUSINESS ASSOCIATE AGREEMENT (this “Agreement”) is entered into by and between Part D
Advisors, Inc., a Michigan corporation (“PDA”) and the City of Nashua Health Plan (the “Health Plan”)
(together, the “Parties”), effective as provided below.
RECITALS
WHEREAS, the Health Plan is a “covered entity” within the meaning of the Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) and its implementing regulations concerning privacy of
individually identifiable health information as set forth in 45 CFR Parts 160-164, as amended from time
to time (the “Privacy Rule”); and
WHEREAS, PDA has heretofore entered into an agreement with the City of Nashua (“Plan Sponsor”)
to provide certain administrative services in connection with the Health Plan (the “Service Agreement”); and
WHEREAS, the Privacy Rule requires covered entities such as the Health Plan to obtain and document
satisfactory assurances from “business associates” (as defined therein) regarding appropriate safeguarding
of certain “protected health information” (as defined therein) received or created by the business associate
(a “BA Agreement’); and
WHEREAS, PDA, in the performance of its services in connection with the Health Plan, may be deemed
a “business associate” within the meaning of the Privacy Rule; and
WHEREAS, the Parties desire to enter into an agreement intended to satisfy the BA Agreement
requirement and related requirements under the Part D Program (as defined in the Service Agreement) as
and to the extent such requirement may be applicable.
NOW, THEREFORE, in consideration of the premises and the respective covenants and agreements
herein contained, the Parties agree as follows:
AGREEMENT
i. Definitions
Capitalized terms not expressly defined in this Agreement shall have the meanings as
defined in the Privacy Rule and the Security Standards (as defined below). For purposes of
this Agreement:
(a) “Designated Record Set” shall have the same meaning as the term “designated record
set” in 45 CFR 164.501 in respect of the Health Plan.
(b) “Effective Date” shall have the meaning as set forth in Section 7(a) of this Agreement.
(c) “ERISA” shall mean Employee Retirement Income Security Act of 1974, as amended,
and the regulations hereunder.
City of Nashua 1 BAA Revised October 2013
