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5.2 Compliance with HIPAA. To the extent applicable to this Agreement, the Hospital agrees to comply with the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS CODIFIED AT 42 U.S.C. SECTION 1320D, ET SEQ. ( HIPAA) and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. PARTS 160 AND 164 (THE FEDERAL PRIVACY REGULATIONS), the federal security standards contained in 45 C.F.R. PARTS 160, 162 AND 164 (the Federal Security Regulations), and the federal standards for electronic transactions contained in 45 C.F.R. PARTS 160 AND 162 (the Federal Electronic Transaction Regulations), all as amended from time to time and, all collectively referred to herein as HIPAA Requirements. The Hospital agrees not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of this Agreement. In addition, the Hospital agrees to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information. 5.3 Access to Records. As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Hospital shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after the rendering of such services. If the Hospital carries out any of the duties of this Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month period with a related individual or organization, the Hospital agrees to include this requirement in any such subcontract. This Section is included pursuant to and is governed by the requirements of 42 U.S.C. § 1395x(v)(1) and the regulations thereto. 5.4 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows: If to City: City of San Marcos 630 E. Hopkins Street San Marcos, TX 78666 Attention: City Manager With a copy to: City of San Marcos City Attorney 630 E. Hopkins Street San Marcos, TX 78666 If to Hospital: Central Texas Medical Center 1301 Wonder World Drive San Marcos, Texas 78666 Attn: Chief Executive Officer INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND CENTRAL TEXAS MEDICAL CENTER PAGE 7