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ATTACHMENT A — DATA USE AGREEMENT
<br />DATA USE AGREEMENT
<br />BETWEEN THE
<br />TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE
<br />AND
<br />CITY OF SAN MARCOS ("CONTRACTOR")
<br />This Data Use Agreement ("DUA") is incorporated into System Agency Contract No.
<br />HHSREV 100001023 (the "Base Contract") between the Texas Department of State Health Services
<br />("System Agency") and City of San Marcos ("Contractor"),
<br />ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE
<br />ATTACHMENT 1. The purpose of this DUA is to facilitate creation, receipt, maintenance,
<br />use, disclosure or access to Confidential Information with Contractor, and describe
<br />Contractor's rights and obligations with respect to the Confidential Information and
<br />the limited purposes for which the Contractor may create, receive, maintain, use, disclose or
<br />have access to Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also
<br />describes System Agency's remedies in the event of Contractor's noncompliance with
<br />its obligations under this DUA. This DUA applies to both Business Associates and contractors who
<br />are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential
<br />Information on behalf of System Agency, its programs or clients as described in the Base Contract.
<br />As of the Effective Date of the Contract, if any provision of the Base Contract, including any General
<br />Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls.
<br />ARTICLE 2. DEFINITIONS
<br />For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the
<br />following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C.
<br />§1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,
<br />regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C.
<br />§§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and
<br />Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue
<br />Code, Title 26 of the United States Code and regulations and publications adopted under that code, including
<br />IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas
<br />Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in
<br />this DUA are defined as follows:
<br />"Authorized Purpose" means the specific purpose or purposes described in the Scope of Work of
<br />the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose
<br />expressly authorized by System Agency in writing in advance.
<br />"Authorized User" means a Person:
<br />(1) Who is authorized to create, receive, maintain, have access to, process, view, handle,
<br />examine, interpret, or analyze Confidential Information pursuant to this DUA;
<br />(2) For whom Contractor warrants and represents has a demonstrable need to create, receive,
<br />maintain, use, disclose or have access to the Confidential Information; and
<br />System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015
<br />GOVERNMENTAL ENTITY VERSION
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