HomeMy WebLinkAboutTRHS Sports Medicine ServicesSPORTS MEDICINE SERVICES AGREEMENT
THIS SPORTS MEDICINE SERVICES AGREEMENT is made and entercd into as of
July l, 2021, by and between Mou{rAIN Vmn'HosPrTAr" LLC' I limited liability company
("MVH"), IDAHo FALrs COMMrrNrrl',HOSPtrAt,, LLC, ("IFCH"), and BomvEvtLLEJOrNr ScHq)L
DrsrRtcT No. 9J, e school district organized pursuant to ldaho law ("Disrict"), on behalf of
THtNDf,,R RTDGE HIGH SCHOOL.
RECITALS:
A. MVH is a limited liability company under Delaware law licensed under ldaho law to
manage and operate a surgical hospital located at 2325 Coronado Street, Idaho Falls, Idaho.
MVH also owns, manages, and operates other clinics and providers associated with the
surgical hospital.
B. IFCH is a limited Iiability company under Delaware law licensed to operate a general acute
care hospiul serving Bonneville County, ldaho, located at 2327 Coronado Street, ldaho
Falls, ldaho.
C. MVH and IFCH are referred to together in this Agreement as "Hospitals."
D. Bonneville Joint School District No. 93 operates Thunder Ridge High School. Bonneville
Joint School District No. 93 also operates Bonneville High School and Hillcrest High
School. Each of these high schools offers athletic activities and competitions for Student-
Athletes.
E. This Agreement relates only to athletic ectivities and competitions for Student-Athletes at
Thunder Ridge High School ('TRHS). This Agreement does not cover any services or
athletic activities at Bonneville High School or Hillcrest High School.
F. The term "student Athlete" in this Agreement means any high school (9th - l2th grade)
student enrolled at TRHS and who is participating in a sport or activity govemed or
sanctioned by the ldaho High School Athletic Association ("|HSAA") or in a sport or
activity provided by TRHS, including but not limited to, cheerleading' marching band,
dance team, or other similar activities'
G. TRHS and District have the need for ldaho licensed athletic trainers to be pr€sent at
sporting events of TRHS. Hospitals have the capability to provide such licensed athletic
trainers.
Now, THEREFoRE, in consideration of the mutual covenants, conditions, and
agrcements set forth herein, the parties hereby agree as follows:
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AGREEMENT:
Obligations of H6pitrls.
l.l Eogagement. Hospitals agree to provide mutually agreed upon nationally certified
and ldaho licensed athletic trainers to TRHS as set out under the terms of this
Agrcement. Exhibit A defines the mission and scope of service of the athletic
trainers licensed in the State ofldaho along with definitions associated with athletic
trainers. Section L2 provides Ge list of services to be provided by Hospitals under
this Agrcement.
1.2 Services. The athletic trainers provided by Hospiuls will undertake the following
Services to TRHS pursuant !o the terms of this Agrcement:
1.2.I lnjury assessments that are timely to insure appropriate treatment for
Student Athletes. The assessments will take place during on-site school
visis. Hospitals also offer regularly scheduled injury assessments, by
appointrnenE at one of the area clinics with a certified athletic trainer.
Monday -.Friday from 9:00 AM to 12:00 PM. This service is available to
all Student Athletes free of charge. Hospital will provide a list of the
participating clinics for distribution to the Srudent Athletes.
1,2.2 TRHS-based injury treatment and rchabilitation to the Student Athlete
allowing for maximum convenience with rcgard to the student's class and
practice schedules on the trainer's rcgularly scheduled days at the school.
The trainer will also assist in the application of support taping, bracing, and
protective equipment, if supplied by District.
1.2.3 Consultation with Student Athletes and parents regarding questions of
pemonal health, nutrition, and fitness when necrssary.
1.2.4 Work with TRHS to develop and enact an emergency action plan (EAP) to
insurc timely and coordinated rcsponse to a serious injury during a contest
or Practice.
1.2.5 ln the event therc is an unexpected absence or illness on the part ofa Trainer,
Hospitals will make arrangements for substitute ooverage, ifpossible.
13 Interns end other Providers. In some circumstances Hospitals may provide the
Services by providers who are not licensed by the Starc ofrdaho as athleiic trainers.
1.3'l Hospitals may provide persons with an EMT certification to be present for
alhletic events w!p1 1ne Hospitar-provided athretic trainer is atiending an
athletic event ofrRHS at another high schoor or another rocation outside of
the TRHS campus.
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13.2 In addition, Hospitals and TRHS may agree from time to time for the
Hospitals to provide the Services or provide backup for the Services by
means of students in the field ofhealth care services, or by means ofpersons
who have an EMT certification. or by means of persons who are pursuing
experience and training in the field of health care or athletic training
services.
Time Commiament. Hospitals agree to provide athletic training services to TRHS
an average of 30 hours per week during the normal school year. During any off-
season, defined as those times during the school year when no athletic activities are
scheduled, Hospitals r,r'ill provide a level of service that satisfies the athletic training
needs ofTRHS, not to exceed 40 hours per week. Hospitals may provide services
during summer (non-school year) activities, unless otherwise requested by TRHS
and agreed to by Hospitals. Any services provided for summer camps will be under
a separate agreement with Hospitals.
Training for Coaches. Hospitals will provide coaches at TRHS the opportunity 1o
receive First Aid/CPR lraining along with other coaching education on injury
prevention and care f<rr their Student .{thletes on an annual basis. Hospitals agrce
to provide a schedule for such training no later than August lst ofeach year.
Teaching. At the discretion of TRHS, and with the consent of Hospitals, Hospitals
will make available an athletic trainer or other provider to teach classes at TRHS
for the purpose of providing education to students regarding athletic training
services or regarding student's options for health care as a carcer. TRHS will
provide all necessary supplies, teaching aids, computers and software needed to
teach class€s agreed upon.
Supplies. Hospitals shall provide basic taping and first aid supplies not to exceed
$1O,@0/school year. Hospitals will meet with TRHS officials. prior to August I
each year to establish the supplies to be provided to TRHS. These supplies will be
kept in a proper locked cabinet or storage unit and only be available to the athletic
trainer when they are present to perform the duties ofsuch.
Ice Machines and Capital Equipment. If needed, Hospitals will provide the ice
machines and other capital equipment necessary for the provision ofathlctic rainer
services under S€ction 1.2 ofthis Agreement.
Pre.Participation Physical Examinations. Hospitals will provide Student
Athletes the opportunity to receive a pre-participation physical examination/sports
physical to all participating Student Athletes at no cost to the Student Athlete or
iRHS at least once annually. Any further physician ordered testing or o{fice visits
would be a charged service. These physical examinations will be offered at a
Drescheduled time only, Hospitals will provide to TRHS an anticipated schedule of
when the exams will be provided for each sport prior to the beginning of practice
for each sPort.
1.5
1.6
1.7
1.8
1.9
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1.10 Gemes Away from TRHS Campus. Tournaments, away games or other athletic
events outside of the TRHS campus may be covered as mulually agreed upon by
Hospitals and TRHS. llosPitals and TRHS will agree regarding who will be
responsible for the expenses oftravel, lodging, gam€ entrance, etc., for the trainer
providing these additional services. Hospitals will cover such expenses for away
game events only ifsuch expenses have been prc-approved by the Hospitals.
l.ll Notice of Unavailebility. Each certified athletic trainer will notify the athletic
director and/or coaching staff of TRHS if he/she is unable to be available at the
weekly visit(s) at the assigned school or provide game coverage due to an illness
or other emergency. The athletic director and/or coaches ofTRHS are rcsponsible
for notifying the certified athletic trainer ifa scheduling change occurs for a game.
When possible, the notification should be at least two days after TRHS leams of
the scheduling change. If the change is caused by weather or another unforeseen
circumstance, same day notification by TRHS is suflicient.
l.l2 Transportation. The athletic trainer will not transport injured athletes to and from
any emergency rrx)m or hospital.
Obligetions of TRHS.
2.1 Advcrtisements and Marketing. ln consideration for the services provided by
Hospitals, TRHS shall allow, at no additional cost to Hospitals, advertisements in
the following manner:
2.1.t Public Addrcss Announcement, no less than two (2) per game.
2.1.2 Banner placement in gymnasiums, stadiums, and fields of the TRHS
campus.
2,1.3 No less than a one-half (l/2) page advertisement in sports programs
produced by TRHS, if available.
2.1.4 TRHS wide enrails for Student Athletes and their parents for seasonal
announcement pertinent to the athletic trainer program.
2.1.5 No less than one ( I ) standard video board/t,ED advertisement per game, if
available.
2.1.6 T-shirt and other promotional item giveaways, provided by Hospitals, at
sporting events.
2,1.7 Recognition of athletic trainer in at least one (l) half+ime program per
sport, per school year.
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All such ircms and announcements shall meet any and all content rcquircments
and./or other restrictions normally applicable to all such items purchascd by third
parties. lfa method ofadvertisement outlined abov€ is not available thcn thc itcm
shall not be aPPlicable.
2.2 Exclusive Advertising. TRHS shall not allow advertising by any other provider
ofhealth care services at any athletic event or venue on the TRHS campus, except
for advertising by Hospitals or adv€rtising that has bcen authorized in advance by
Hospitals.
2.2.1 TRHS shall not allow advertising at any athletic event or venue on the
TRHS campus by Bingham Memorial Hospital or Eastem ldaho Regional
Medical Center or their affiliated clinics or entities.
2.3 Exclusive Provision of Services. Hospitals shall have exclusive access to the field
sidelines and courtsides and first right of refusal to game coverage at any home
athletic event of the schools covered by this agreement. Trainers or medical
providcrs not afliliated with Hospitals shall not be permitted on the sidelines or
. courtsid€. In the event that Hospitals do not provide a treiner or medical coverage
at a home event, TRHS is frce to make whatever arrangemsnts TRHS deems
necessary under the c ircumslances.
2.4 Scbedules. TRHS will provide to Hospitals on or before August I ofeach year a
schedule of the beginning dates of practice for each sport and a schedule for each
home event.
3. Term.
The term of this Agreement ("Term") shall be for one ( l ) year and commence on July l ,
2021 ("Commencement Date") and terminate on June 3, 2022 ("Termination Date"), unless
termin&ted sooner pursu&nt to the terms and provisions of this Agreement' The Agre€ment shall
automatically renew thereafter for successive terms ofone ( I ) year ("Renewal Term(s)"), unless a
Pa(y gives the other Party written notice of non-renewal at least ninety (90) days prior to the
"*pi.ation
of the initial one (l) year Term or any subsequent Renewal Term of the Agreement.
Except as otherwise provided herein. this Agreement may be terminated upon the occunence of
any one ofthe following:
Upon mutual written agreement ofthe Parties.
ln the event ofa material breach of this Agrcement by any Party' the other Party
shall have the right to terminate this Agreement by service of written notice of the
breach upon the defaulting Party (the "Default Notice"). The defaulting party shall
have thirty (30) days to cure the default to the reasonable satisf&ction of the non-
defaulting party. F;ilure to cure within such time period automatically terminates
this agreement.
SPORTS MEDICINE SERViCES ACREEMENT‐54833‐6751■l1779v5
3.3 Immediately, by either Psrty should the other Party (i) show gross or willful
misconduct in connection with the performance of its duties and responsibilities
under this Agreement; (ii) willfully fail to comply with rcquirements of applicable
federal, state or local law, rule or regulation, provided that such failure to comply
has a material adverse effect on the terminating Party; or (iii) breach of any
representation or warranty made in this Agreement.
Insurance.
Hospitals shall purchase and maintain, at no cost to TRHS, general and professional
liability insurance, including products and contractual liability coverage appropriate for their
respective business activities, Hospitals' insurance shall cover all of its own personnel. Hospitals'
policy has named Bonneville Joint School District No. 93 as an additional named insured on the
policy. Hospitals shall provide evidence ofsuch coverage upon request and shall provide written
notice ofany change of coverage within thirty (30) days offte effective date of such change in
status by registered mail. Hospitals will provide immediate notice to TRHS of cancellation of any
coverage.
5. Indemnity
Each Party agrees to be solely responsible for its own acts or omissions arising out of the
performance of this Agreement. Each Party shall indemnify, defend and hold harmless the other
Party from and against any and all liability, loss, claim, lawsuit, injury, cost, damage or expense
whatsoever (including rcasonrble attomeys' fees and court costs at all levels oftrial and appeal),
arising (a) from or incident to a negligent or intentional act or omission by the indemniSing Party
or any of its employees, agents, contractors or subcontractors, or (b) from a brcach or default, in
the performance or non-performance ofany duty or responsibility under this Agreement, by such
indemnifying Party or any of its employees, agents, contractors or subcontractors.
6. Annual Review.
The parties agree to meet at least annually to discuss the performance of this agreement.
The date and time ofthis annual review shall be mutually agreed to by both parties.
7. IndependentContrcctors.
ln performing 0re services herein specified, Hospitals arc acting as an independent
contractor, and neither Hospitals nor any hospital staffshall bc considered employees ofTRHS or
District. It is agre€d and acknowledged by the parties that, as an independent contractor, Hospitals
retain the right to contract with and provide its services to facilities and p€rsons other than TRHS
and the District, and nothing in this Agreement shall be interpreted as limiting or restricting that
right in any way. ln no event shall this Agreement be construed as establishing a partnership or
joint venture or similar relationship between the parties hereto, and nothing herein contained shall
be construed to authorize either party to act as agent for the other. Hospitals shall be liable for their
own debts, obligations, acts and omissions, including with respect to all of Hospitals' employees
and contractors (including all hospital staff), the payment oiall applicable compensation, wages,
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pensions, workers' compensation, insurance, and all required withholding, social security and
other taxes and benefits. Neither Hospitals nor any staffof Hospitsls shall be subject to any TRHS
or District policies solely applicable to TRHS or District's employees, or be eligible for any
employe€ benefit plan offercd by District.
8. Assignment rnd AssumPtion.
Neither Party shall assign its rights or delegate its duties under this Agreement without the
other Party's prior written consen! which shall not be unreasonably *'ithheld, conditioned, or
delayed.
9. Miscelleneous
9.1 Governing Law. This Agreement will bc govemed by the laws of the State of
ldaho, as an agreement between residenls ofthe State ofldaho and to be performed
in the State ofldaho.
9.2 Entire Agreement. This Agreement and the other documents executed by the
parties hercwith embody the entirc agreement between the parties with relation to
the subject matters covered, and there have been and are no covenants, agreements,
rcpresentations, warranties, or restrictions bewcen the parties conceming these
topics other than those specifically set fo(h in those documents, These documents
are intended to be fully integrated agreements between the parties with respect to
the subject matters covered.
93 Modificetion. The parties hercto may at any time hereafter modify or amend this
Agreement by a subsequent written agreement executed by all parties. This
Agreement cannot be amended or changed except by written instrumen! signed by
both of the parties her€to'
9.4 No Third-Party Beneficiaries. There are no third-party beneficiaries of this
Agreement. No person or entity not a party to this Agreement has any rights to
enforce any portion or provision of this Agrcement.
9.5 Attorney's Fees. In the event of any controversy, claim, or action bet$'een the
parties to enforce the tcrms and conditions of this Agreement or any of the other
documents executed contemporaneously herewith, or arising from breach of any
provision hereof, the prevailing party rvill be entitled to receive from the other party
all costs, damages, and expenses, including reasonable attomeys' fees, incurred by
the prevailing party. whether or not such controversy or claim is litigated or
prosecuted to judgment'
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IN WITNESS WHEREOF,thc partics have cxecutcd this Agrecmcnt cttctivc as of the
Effective Date.
SPORTS MEDICINE SERVICES AGREEMENT‐84833‐67500779.v5
BONNEⅥLLE JOINT SCH00L DISTRICT
NO。93
By:
Title:
COMMUNITY HOSPITAL,
By:
Title:
IDAHO F`
LLC
By:
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EXHIBIT A
MISSION A}TD SCOPE OF SERVICE OF ATIILETIC TRAINERS
Mission Statement -
Idaho Board of Athletic Trainers
To promote the public health, safety, and welfare and to promote the highest degree of
professional conduct on the part of athletic trainers. The licensure of persons offering athletic
trainer services to the public helps to assure the availability of athletic trainer services of high
quality to persons in need ofsuch services.
Scope of Service -
Idaho Board of Athletic Trainers
The Board of Athletic Trainers is an advisory body to the State Board of Medicine. The
Board of Athletic Trainers is responsible to administer, coordinate, and enforce ldaho law
concerning athletic trainers. The Board may evaluate the qualifications and fitness of applicants,
and appmve the applications for.licensurc. The Board may issue subpoenas, examine witnesses,
and administer oathi. rind may investithte nracticcs which are alleged to violate ihe provisions of
the athletic trainer law. The Board of Athletic Trainers evaluates all applicants for qualification
and fitness for licensure, and makes rccommendations to the Board of Medicine conceming the
issuance and rcvocation of licenses. The Board also rccommends rules to be promulgated
conceming athletic training.
"Athletic traincr" means a person who has met the qualifications for licensurc and is
licensed under Chapter 39, Title 54 of the ldaho Code, and canies out the practice of athletic
training under the dirrction ofa designated ldaho licensed physician, registercd with the board or
a designated tdaho licensed chiropractic physician.
The practice of "Athletic training" means the application by a licensed athletic trainer of
principles and methods ol
2.
3.
situations;
l. Preventionofathleticinjuries;
Recognition, evaluation and assessment of athletic injuries and conditions;
lmmediate care of athletic injuries including common enrergency medical
Rehabilitation and reconditioning of athletic injuries;
Athletic training services administration and organization; and
Education of athletes.
Athictic Traincrs arc rcgulatCd in ldaho and arc rcquired to be licenscd
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Ideho Code $ 54-3902 (2021)
54-3902. DEFINITIONS. As used in this chapter:
(l) "Athlete" means a person who participates in exercises, sports, or games requiring physical
strength, agility, flexibility, range of motion, speed or slamina and which exercises, sports or
games are of the type generally conducrcd in association with an educational institution or
professional, amateur or recrcational sports club or organization.
(2) "Athletic injury" means a physical injury, harm, hurt or common condition (such as heat
disorders), incurrcd by an athlete, preventing or limiting participation in athletic activity, sports or
recreation, which athletic trainem are educated to evaluate and treat or refer to the directing
physician.
(3) 'A&letic trainer" means a person who has met the qualifioations for licensure as set forth
in this chapter, is licensed undcr this chapter, and carries out the practice ofathletic training under
the dircction ofa designated ldaho lioensed physician, registered with the board or a designated
Idaho licensed ch iropractic physician'
(4) "Athletic training" meons the application by a licensed athletic irainer of principles and
methods of:
(a) Prevention of athletic injuries;
(b) Recognition, evaluation and assessment of athletic injuries and conditions;
(c) Immediate care of athletic injuries including common emergency medical
situations;
(d) Rehabilitation and reconditioning ofathletic injuries;
(e) Athletic training services administration and organization; and
(f) Educationofathletes.
(5) "Board" means the ldaho state board ofmedicine.
(6) "Board of athletic trainers" means thc ldaho board of athletic trainers established in this
chapter.
(7) "Dirccting physician" means a designated person duly licensed to practicr medicine in
Idaho, registercd with the board or a designated ldaho licensed chiropractic physician, who is
responsible for the athletic training services provided by the athletic trainer and oversoes the
practice of adrletic training ofrhe athletic trainer, as established by board rule. This chapter does
not audlorize the practice of medicine or any of its branches by a person not so liccnsed by the
board.
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(a) This direction will be provided by verbal order when the directing physician is
present and by written order or by athletic training service plans or protocols, as established by
board rule, when the directing physician is not present.
(b) Upon referral from a physician licensed in another state and in good standing, lhe
practice of athletic training or physical rchabilitation and/or reconditioning shall be carried out
under the written orders ofthe rcferring physician and in collaboration with the directing physician.
Idaho Code $ 5{-3903 (2021)
54-3903. SCOPE OF PRACTICE. The scope ofpractice ofathletic trainers under the direction of
the designated Idaho licensed physician, registered with the board, or a designated ldaho licensed
chiropractic physician, includes:
(l) Prevention of athletic injuries by designing and implementing physical conditioning
programs, performing preparticipation scrcenings, fitting protective equipment, designing and
constructing protective products and continuously monitoring changes in the environment.
(2\ Recognition and evaluation of athletic injuries by obtaining e history of the injury,
individual inspection of the injurcd body part and associated structures arld palpadon of bony
landmarks and soft tissue structures. lmmediate care of athletic injuries may requirc initiation of
cardiopulmonary resuscitation, administration of basic or advanced first aid, removal of athletic
equipment, immobilization and transportation of the injured athlete. Concurent with athletic
training service plans or protocols, the athletic trainer will determine if the athlete may return to
participation or, if the injury rcquircs further definitive care, the athletic trainer will refer the
injured athlete to the appropriate directing physician.
(3) Rehabilitation and reconditioning ofathletic injuries by administering therap€utic exercis€
and physical modalities including cryotheraPy, thermothempy, and intermittent comprcssion or
mechanical devices as directed by established, written athletic training service plans or protocols
or upon the order ofthe directing physician'
(4) Athletic training services administration includes implementing athletic training service
plans or protocols, writing organizational policies and procedures, complying with governmental
and institutional standards and maintaining records to document services rendered.
(5) Education of athletes to facilitate physical conditioning and reconditioning by designing
and implementing appropriate programs to minimize the risk of injury.
(6) The scope ofpractice excludes any independent practice ofathletic training by an athletic
irainer. An athlite with an athletic injury not incurred in association with an educational institution,
nrofessional. amateur or recreational sports club or organization shall be refened by a directing
fhysician, but only afler such directing physician has first evaluated the athlete and referred such
athlete to the athletic trainer.
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(a) Except as otherwise provided in this Addendum, Business Associate may
use or disclose PHI as reasonably necessary 1o provide the services described in the Agreement to
the Covercd Entity, and to undenake other activities of Business Associate permitted or required
of Business Associate by this Addendum or as required by law.
(b) Except as otherwise limited by this Addendum. Covered Entity authorizes
Business Associate to use the PHI in its possession for the proper management and administration
ofBusiness Associate's business and to carry out its legal responsibilities. Business Associate may
disclose PHI for its proper management and administration, provided that (i) such disclosures are
required by law; or (ii) Business Associate obtains, in writing, prior to making any disclosure to a
third party (a) reasonable assurances from such third party that the PHI will be held confidential
as provided under this Addendum and used or further disclosed only as required by law or for the
purpose for which it was disclosed to such third partyi and (b) an agreement from such third party
to notiry Business Associate immediately of any breaches ofthe confidentiality ofthe PHI, to the
extent it has knowledge ofsuch brcach.
. (c) Business Associate may use PHI to create de-identified health information
in accordance wi*r the HIPAA de-identification requirements. Business Associate may use and
disclose de-identified health information for any purpose permitted by law.
(d) Business Associate will not use or disclose PHI in a manner other than as
provided in this Addendum, as pcrmitted under the.H|PAA Privacy Rule, or as required by law.
To the extent required by the "minimum necessary" requirements of HIPAA, Business Associate
will use or disclose only the minimum necessary smount of PHI, in accordance with Section
13405(b) ofthe HITECH Act, or any implementing regulations adopted thereunder for each use
or disclosurc ofPHl hereunder.
(e) Upon request, Business Associate will make available to Covered Entity
any of Covercd Entity's PHI that Business Associate, or any of its Subcontractors, have in their
possession.
3. Comnliance with HIPAA Privacv Rule' To the extent that Business Associatc
carries out one or morc of Covered Entity's obligations under Subpart E of45 C.F.R. Part 164.
Business Associate will comply with the requirements of Subpart E that aPply to Covered Entity
in the performance ofsuch obligations.
4. Sefequards Aseinst Misuse of PHI. Business Associate will use appropriate
s"f"guards to pffetrt th-se or disclosure of PHI other than as provided by the Agreement or this
Addindum; and Business Associate agrees to comply with Subpart C of 45 C.F.R. Part 164 and
implement "a-inistrative,
physical, and technical safeguards that reasonably and appropriately
o.olt".t tt. "ontaentiality,
intagrity, and availability ofthe Electronic PHI that it creates, receives,
il"i""iir,.r *"smi15 on fenflf of Covered Entity. Business Associate agrees to ensure that thc
u"iion, oi ori..ions of its employees or agents do not caus€ Business Associate to breach the
terms of this Addendum'
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EXHIBIT B
BUSIIYESS ASSOCIATE ADDEIIDUM
This Business Associate Addendum (fte "Adderdcm") will become eflective on the
Effective Date, as defined in the Agreement, and is made and entered into by and between
BOIINEVILLE JOINT SCHOOL DISTRICT NO. 93 (the "Bu$ngsr- Alsqgjste") and
MOUNTAIN VIEW HOSPITAL, LLC and IDAHO FALLS COMMUMTY HOSPITAL,
LLC (together refened to as the "Covercd Entity") (each a "Partv" and collectively the 'Parties").
WHEREAS, Business Associate and sEdents of Business Associate will receive certain
athletic trainer services from Covered Entity pursuant to the Agreement, and may also provide
health information to Covercd Entity; and
WHEREAS, in receiving such athletic trainer services pursuant to the Agreement and in
providing such information to Covered Entity, Business Associate may have access to PHI; and
WHEREAS, the receipt of such athletic trainer services by Business Associate to Covered
Entit-v pursuant to the Agrccment and the provision of health information to Covered Entity will
cause Business Associate to be considered a "business associatel' under the privacy and security
regulations issued under the Health lnsurance Portability and Accountability Act of 1996
("HIPtu\"), as set forth in 45 C.F.R. Parts 160 and 164, and as amended by the Health lnformation
Technology for Economic and Clinical Health Act (the "HI&VL Priyg$LBUE'and the "HIPAA
Security Rule"); and
WHEREAS, the Pades desire to amend the Agreement to include certain provisions
required by the HIPAA Privacy Rule and the HIPAA Security Rule;
NOW, THEREFORE, the Parties agree as follows:
l, Detinitions. For purposes ofthis Addendum, the terms below have the meanings
given to them in this Section. Capitalized terms used in this Addendum without definition in the
Agreement (including this Addendum) have the respective meanings assigned to such terms by
the Administrative Simplification section of HIPAA. Capitalized terms used in this Addendum
that are defined in the Agreement retain such definition in this Addendum.
(a) "EleSgadglfll" means any PHI maintained in or transmitted by Electronic
Media.
(b) "EHS" means the U.S. Department of Health and Human Services.
(c) .U!!EQH ,{S!" means the Health Information Technology for Economic
and clinical Health Act, enacted as part of the American Recovery and Reinvestment Act of2009,
Public Law I I l-5.
(d) "![!" means Protected Health lnformation.
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5. Reoortinq Disclosurcs of PHI and Securitv Incidents. Business Associate will
report to Covered Entity in writing any use or disclosure ofPHI not provided for by this Addendum
of which it becomes aware without unreasonable delay and will provide an initial report no later
than ten (10) business days after discovery. Business Associate agrces to report to Covered Entity
any Security Incident affecting Electronic PHI ofCovercd Entity of which it becomes aware in the
following manner: (a) any actual, successful Security lncident will be reporrcd to Covered Entity
in writing without unreasonable delay but in no case later than ten (10) business days after
discovery, and (b) any attempted, unsuccessful Security Incident of which Business Associate
becomes aware will be reported to Covered Entity orally or in writing. as requested by Covered
Entity.
6. Reoortinq Brerches of PHI. Business Associate will notify Covered Entity in
writing promptly upon the discovery ofany Breach ofUnsecured PHI in accordance with 45 C.F.R.
$ 164.410 and will provide an initial report no later than ten (10) business days after discovery.
Business Associate will reimburse Covered Entity for any reasonable costs incuned by it in
complying with the requirements of 45 C.F.R. $ I64.400, el seg., imposed on Covercd Entity as a
result of a Breach committed by Business Associate or its Subcontractors.
.. 7. Mitisetion of Disclosures of Elll. Business Associate will take reasonable
inelsures to mitigate, to the extent practicable, any harmful effect of any use or disclosure of PHI
by Business Associate or its Subcontractors in violation ofthe requirements ofthis Addendum.
8, Aqreements with Subcontractors. Business Associate will enter into a written
agreement meeting the requircments of 45 C.F.R. $$ 16a.5{N(e) and 164.314(a)(2) with each
Subcontractor (including, without limitation, a Subcontractor that is an agent under applicable law)
that creates, receives, maintains, or ransmits PHI on behalf of Business Associate. Business
Associate rvill ensure that the written agrcement with each Subconractor obligates the
Subcontractor to comply with restrictions and conditions concerning uses and disclosures of PHI
that are not less restrictive than the restrictions and conditions contained hercin.
9. Access to PHI bv Individuals.
(a) Within fifteen (15) business days ofa request by Covered Entity, Business
Associate agrees to fumish Covered Entity with copies of the PHI maintained by Business
Associate in a Designated Record Set in the time and manner reasonably designated by Covered
Entity for so long as Business Associate maintains such information in the Designated Record Set.
(b) ln the event any individual or personal representative requests access to the
individual's PHI directly from Business Associate, Business Associate, within fifteen (15)
business days, will forward that request to Covered Entity. Any disclosure of, or decision not to
disclose, the PHI requested by an individual or a personal representative and compliance with the
requirements applicable to an individual's right to obtain access to pHI will be the sole
responsibility of the Covered Entity.
SPORTS MEDICNE SERVICES AGREEMENT‐:4
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