Res 2016-001/ (“WIC”) Program Contract with Texas Department of State Health Services

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ATTACHMENT D DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION BY AND THROUGH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES AND CITY OF SAN MARCOS This Data Use Agreement ( "DUA "), is entered into by and between the Texas Health and Human Services Commission, by and through the Department of State Health Services ( "HHS ") and CITY OF SAN MARCOS(" CONTRACTOR"), and incorporated into the terms of DSHS Contract No. 2016- 048775 -001 in Travis County, Texas (the "Base Contract "). The DUA takes effect contemporaneously with the Base Contract. ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE ATTACHMENT 1. The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information and the limited purposes for which the CONTRACTOR may create, receive, maintain, use, disclose or have access to Confidential Information. 45 CFR 164.504(e)(1) -(3) This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 (42 U.S.C. § 1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b -7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07 -18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Scope of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: HHS Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 GOVERNMENTAL ENTITY VERSION