RESOLUTION NO. 2004-____

A RESOLUTION DECLARING THE CITY A HYBRID ENTITY UNDER HIPAA

Recitals:

A. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires covered entities to address the privacy of protected health information; and

B. The City of Ashland is a HIPAA covered entity because programs within some City of Ashland departments provide services covered by HIPAA while no services covered by HIPAA exist within other city programs; and

C. The health care covered functions of the City of Ashland are not the City of Ashland's primary functions; and

D. The City of Ashland is a "hybrid covered entity" as that term is described in the regulations (45 CFR part 164) that implement HIPAA; and

E. The HIPAA regulations requires the City of Ashland to appoint a HIPAA Privacy Officer; and

F. Policies need to be established to ensure that the City of Ashland complies with HIPAA and the implementing regulations.

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. The City of Ashland government is designated as a "hybrid covered entity" for purposes of HIPAA compliance. For purposes of HIPAA, the Ashland Fire and Ambulance Service is designated as the "health care component" covered by HIPAA; and

SECTION 2. The Ashland EMS/Fire Training Director is designated as the City of Ashland HIPAA Coordinator and Privacy Official. The incumbent in the position identified in this paragraph is delegated the authority to designate, in writing, any additional or substitute Privacy Officials and Contact Persons the incumbent may deem necessary within their departments, from time to time, to assist with HIPAA compliance.

SECTION 3. Departments identified in section 1 are directed to adopt HIPAA privacy rule policies forthwith in consultation with the city attorney, the city HIPAA Coordinator and the city Privacy Official. Thereafter, departments identified above are directed to adopt HIPAA privacy rule procedures in accordance with the adopted policies. The city Privacy Official is directed to maintain copies of HIPAA policies and procedures adopted by departments as those policies and procedures may be amended from time to time.

SECTION 4. This resolution takes effect upon signing by the Mayor.

This resolution was read by title only in accordance with Ashland Municipal Code Section §2.04.090 duly

PASSED and ADOPTED this ______day of ______, 2004:
Barbara Christensen, City Recorder

SIGNED and APPROVED this ______day of ______, 2004:
Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

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