Title
Amendment of the Business Associate Agreement (BAA) to the Participation Agreement between the Kansas Health Information Network (KHIN), the Wichita Health Information Exchange (WHIE) and the Sedgwick County Health Department.
Body
Recommended Action: Approve the amendment and authorize the Chairman to sign.
Background: On November 23, 2011, the Board of County Commissioners approved an agreement for the Health Department to participate in the Wichita Health Information Exchange (WHIE) through the Kansas Information Network (KHIN) to transmit electronic health records via a secured health information exchange network. The Business Associate Agreement (BAA), Exhibit C of the participation agreement, defines the confidentiality expectations around the protected health information shared between the Health Department, WHIE and KHIN. The BAA incorporates obligations on each party under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), provisions of the American Recovery and Reinvestment Act (ARRA), and Health Information Technology for Economic and Clinical Health Act (HITECH) related to the privacy and security of protected health information.
The proposed amended BAA includes updates to the existing BAA to bring it in line with changes to HIPAA requirements in light of the HIPAA Omnibus Rule, which was released by the Secretary of the Department of Health and Human Services (HHS) on March 26, 2013.
The changes in the proposed amended BAA are relatively minor in scope. The proposed amended BAA has updated a handful of definitions to match what is contained within the applicable federal regulations. Another change is that when the proposed amended BAA refers to the federal regulations, references to the sub-parts of the regulations are now included in several places. This change should enable clearer and faster interpretations of the requirements of HIPAA and the BAA for all involved parties.
Alternatives: The purpose of the KHIN and WHIE is to assist providers in coordinating and improving patient services across the healthcare system. Protecting that shared health information is critical, and this agreement outlines and reinforces those confidentiality expectations.
Financial Considerations: No financial impact is expected from the recommended action.
Legal Considerations: The authority for this agreement is contained within the County's home rule powers within K.S.A. 19-101 et seq. Approval can occur by simple majority vote.
Policy Considerations: All Sedgwick County policies were followed in the development of this agreement.