Finance Committee

Finance Committee - 9/20/2017 Page 2

Mayor Donchess

Jennifer from the Regional Planning Commission is going to come to speak to this resolution, but she could not
make it tonight. She has asked that we table the item, which will give us time to get the recommendation of
Public Works and have the Regional Planning Commission to explain the program to us.

MOTION BY ALDERMAN WILSHIRE TO TABLE R-17-128
MOTION CARRIED

NEW BUSINESS — ORDINANCES - None

RECORD OF EXPENDITURES

REPORT OF THE FINANCE COMMITTEE
SEPTEMBER 20, 2017

A meeting of the Finance Committee was held on Wednesday, September 20, 2017, at 7:04 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman Benjamin M. Clemons
Alderman June M. Caron

Members not in Attendance: Alderman Ken Siegel

IN WITNESS WHEREOF, the Parties have entered into this Business Associate Agreement, effective
as of the Effective Date.

PART D ADVISORS, INC. City of Nashua, on behalf of itself and the City of
Nashua Health Plan
By: By:
Name: Name:
Title: Title:
Address: 17199 N. Laurel Park Drive Address:
Suite 400

Livonia, MI 48152

Date: Date:

City of Nashua 9 BAA Revised October 2013

(d)

(e)

(f)

(g)

(h)

(i)

@)

(k)

()

(in)

City of Nashua

Amendment. The Parties agree to take such action to amend this Agreement from time to
time as is necessary for the Health Plan to comply with applicable law, including the
requirements of HIPAA, HITECH, the Privacy Rule, and the Security Standards.

Ambiguities. Any ambiguity in this Agreement shall be resolved in a manner that is
consistent with the applicable requirements under the Privacy Rule.

(c)

(d)

(ii) A period of 60 days from and after the giving of such notice shall have elapsed
without PDA’s having substantially cured or remedied such reason for
termination during such 60-day period, unless such reason for termination cannot
be substantially cured or remedied within 60 days, in which case the period for
remedy or cure shall be extended for a reasonable time (not to exceed 60 days),
provided that PDA has made and continues to make a diligent effort to effect
such remedy or cure; and

(iii) Any restriction to the use or disclosure of Protected Health Information that the
Health Plan has agreed to in accordance with 45 CFR 164.522, to the extent that
such restriction may affect PDA's use or disclosure of Protected Health
Information.

J. Disclosure to CMS for Part D Program

(iii)

(iv)

(v)

(vi)

(A) Disclosures are Required By Law, or

(B) PDA obtains reasonable assurances from the person to whom the
information is disclosed that it will be held confidentially and used or
further disclosed only as Required By Law or for the purpose for which
it was disclosed to the person, and the person notifies PDA of any
instances of which it is aware in which the confidentiality of the
information has been breached.

(e)

(f)

(g)

(h)

(i)

(a)

(b)

City of Nashua

Provide, in a commercially reasonable time and manner, access to Protected Health
Information to the Health Plan Administrator, for the benefit of the Health Plan, to the
extent necessary to meet the requirements under 45 CFR 164.524, provided that such
access shall be provided only to the extent such Protected Health Information is in the
possession of PDA and is a part of the Designated Record Set.

(b)

(c)

(d)

City of Nashua

Use appropriate safeguards to prevent use or disclosure of the Protected Health
Information other than as provided for by this Agreement and mitigate to the extent
practicable, any harmful effect known to PDA of use or disclosure of Protected Health
Information in violation of this Agreement;

(d)

(e)

(f)

(g)

(h)

(i)

@)

(k)

(I)

(m)

“Individual” shall have the same meaning as the term “individual” in 45 CFR 160.103
and shall include a person who qualifies as a personal representative in accordance with
45 CFR 164.502(g).

“Health Plan Administrator” or “Plan Administrator” shall have the same meaning as
set forth in the Health Plan’s Plan Document or in the absence of such designation shall be
the Plan Sponsor.