Title
Health and Human Services Agency (HHSA) recommending the Board:
1) Approve and authorize the Chair to sign non-financial Business Associate Agreement (BAA) 5879 with Zoom to ensure that the video communication services they provide to HHSA’s clients are HIPAA compliant, for a term to begin upon final execution and continue until terminated;
2) Authorize the HHSA Director, or designee, to execute further documents including amendments, contingent upon County Counsel and Risk Management concurrence, relating to BAA 5879; and
3) Authorize and direct the Chief Administrative Office Procurement and Contracts Division to accept Zoom’s Deputy General Counsel, Commercial, DocuSign signature as binding on BAA 5879.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND:
The Health and Human Services Agency (HHSA) subscribed to Zoom Video Communications, Inc., (Zoom), effective June 6, 2020, to use their video communication platform for a variety of meetings and communications, including but not limited to use by the Behavioral Health Division for client meetings. The purpose of entering into Zoom’s Business Associate Agreement (BAA 5879) is to ensure that the health information of HHSA’s clients remains protected under various confidentiality standards, including but not limited to: the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Part 160 and Part 164, Subparts A and E (Privacy Rule), 45 CRF Part 160 and Subparts A and C of Part 164 (Security Rule) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act).
Zoom initially provided a BAA signed by their Deputy General Counsel, Chief Compliance and Ethics Officer, dated December 23, 2020. HHSA requested several times that Zoom have the BAA signed by their corporate officers in accordance with California Corporation Code Sections (CC) 312, 313, and 314, which is the standard followed by the County for contract signatures or to provide a corporate resolution show...
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