RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION DETERMINING THAT SAN MATEO COUNTY IS A HYBRID ENTITY AS DEFINED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) REGULATIONS; DIRECTING THAT THE COUNTY MANAGER ISSUE ADMINISTRATIVE MEMORANDA, AS NECESSARY, TO DESIGNATE THE DEPARTMENTS OF THE COUNTY THAT ARE COVERED BY HIPAA AND TO ADOPT POLICIES REQUIRED TO COMPLY WITH HIPAA; AND, AUTHORIZING THE COUNTY MANAGER TO SIGN BUSINESS ASSOCIATE AGREEMENTS SEPARATE FROM CONTRACTS FOR SERVICES, AS REQUIRED TO COMPLY WITH HIPAA

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

 

WHEREAS, The Health Insurance Portability and Accountability Act requires covered entities to comply with regulations governing Electronic Data Interchange, Privacy and Security; and

 

WHEREAS, pursuant to HIPAA and its implementing regulations, the County of San Mateo, a covered entity, may designate itself a hybrid entity, and must also designate the specific covered components concerning the use and disclosure of protected health information; and,

 

WHEREAS, it is necessary to adopt policies regarding Privacy, Security and Electronic Data Interchange from time-to-time to comply with HIPAA; and,

 

WHEREAS, it is necessary to enter into Business Associate agreement with other parties that provide work which is not direct health care but which requires access to protected health information;

 

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the County of San Mateo designates itself a hybrid entity performing both covered and non-covered functions; and be it

 

FURTHER DETERMINED AND ORDERED that the County Manager is directed to issue administrative memoranda, as necessary, to designate the departments of the County that are covered by HIPAA and to adopt policies as required to comply with HIPAA; and be it

 

FURTHER DETERMINED AND ORDERED that the County Manager is authorized to sign Business Associate agreements separate from contracts for services.

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