Fiscal Note
The proposed resolution authorizes Business Associate Agreements between the City of Madison and area hospitals, schools of medicine and public health, other EMS providers, and other organizations to ensure HIPAA compliance for EMS ride-along programs. The proposed agreement does not include a financial transaction. No City appropriation is required.
Title
Authorizing Business Associate Agreements between the City of Madison Fire Department and Business Associates for EMS ride-along programs to ensure HIPAA law compliance.
Body
WHEREAS, the City of Madison Fire Department (MFD) allows emergency medical services (EMS) ride-along sessions with area hospitals, schools of medicine and public health, other EMS providers, and other organizations;
WHEREAS, these organizations are commonly referred to as a “Business Associate” as defined in 45 CFR §160.103;
WHEREAS, Business Associates participate in MFD ride-along sessions as an opportunity for the Business Associate to gain knowledge relating to the provision of emergency services and to make observations which may be helpful to MFD;
WHEREAS, the purpose of a Business Associate Agreement (BAA) is to ensure compliance with the HIPAA Laws applicable to the Business Associate’s provision of services to or participation in a program with the Covered Entity (i.e., MFD) of the City of Madison, when applicable. This BAA addresses the security, confidentiality, integrity, and availability of health or health-related information as well as breach notification requirements and is applicable to Business Associate and the specific Covered Entity (MFD);
WHEREAS, the BAA will take effect on the date of the final signature of both parties and will remain in effect until terminated under the procedures written in the BAA and all protected health information (PHI) is returned to MFD or destroyed in accordance with the terms of the BAA;
WHEREAS, the proposed BAAs do not have any financial transaction between the City of Madison and the Business Associate;
WHEREAS, the City of Madison will readily enter into BAAs with Unity Point Health - Meriter Hospital, Truax Field Fire and Emergency Services, University of Wisconsin-Madison School of Medicine and Public Health and affiliates, and Edgewood University School of Nursing;
NOW, THEREFORE, BE IT RESOLVED, the Common Council authorizes the Mayor, City Clerk, or Fire Chief to sign Business Associate Agreements between the City of Madison and Business Associates, as defined in 45 CFR §160.103, to ensure compliance with Health Insurance Portability and Accountability Act (HIPAA) Laws applicable to the Business Associate’s provision of services to or participation in a ride-along program with a Covered Entity (e.g., Madison Fire Department) of the City of Madison;
BE IT FURTHER RESOLVED, the City Attorney’s Office and City Risk Manager will review all proposed Business Associate Agreements and its compliance with all applicable HIPAA Laws, state law, and city ordinances before final signatures by all parties.