![]() ![]() Part 160 Subpart E, and HHS claims collection regulations at 45 C.F.R. Yakima waives all procedural rights granted under Section 1128A of the Social Security Act (42 U.S.C. Yakima shall not contest the validity of its obligation to pay, nor the amount of, the Resolution Amount or any other obligations agreed to under this Agreement. This release does not extend to actions that may be brought under section 1177 of the Social Security Act, 42 U.S.C. HHS does not release Yakima from, nor waive any rights, obligations, or causes of action other than those arising out of or related to the Covered Conduct associated with the compliance review and referred to in this paragraph. In consideration of and conditioned upon Yakima’s performance of its obligations under this Agreement, HHS releases Yakima from any actions it may have against Yakima under the HIPAA Rules arising out of or related to the Covered Conduct associated with the compliance review identified in paragraph I.2 of this Agreement. If Yakima breaches the CAP and fails to cure the breach as set forth in the CAP, then Yakima will be in breach of this Agreement and HHS will not be subject to the Release set forth in paragraph II.8 of this Agreement. Yakima has entered into and agrees to comply with the Corrective Action Plan (“CAP”), attached as Appendix A, which is incorporated into this Agreement by reference. Yakima agrees to pay the Resolution Amount on the Effective Date of this Agreement as defined in paragraph II.14 pursuant to written instructions to be provided by HHS. HHS has agreed to accept, and Yakima has agreed to pay HHS, the amount of $240,000 (“Resolution Amount”). In consideration of the Parties’ interest in avoiding the uncertainty, burden, and expense of further investigation and formal proceedings, the Parties agree to resolve this matter according to the Terms and Conditions below. This Agreement is intended to resolve OCR Transaction Number: 18-303395 and any potential violations of the HIPAA Rules related to the Covered Conduct associated with the compliance review and investigation specified in paragraph I.2 of this Agreement. Intention of Parties to Effect Resolution.This Agreement is not a concession by HHS that Yakima is not in violation of the HIPAA Rules and not liable for civil money penalties (“CMPs”). This Agreement is not an admission of liability by Yakima. The requirement to implement reasonable and appropriate policies and procedures to comply with the standards, implementation specifications, or other requirements of the Security Rule.HHS’s investigation of the breach incident indicated potential violations of the following provisions (''Covered Conduct"): On May 18, 2018, HHS conducted an investigation of Yakima following the receipt of a breach report dated February 28, 2018. Factual Background and Covered Conduct.HHS and Yakima shall together be referred to herein as the “Parties.” Yakima has approximately 400 privileged physicians on its medical staff and operates full-service health care facilities in the greater Yakima area, including a hospital, a skilled nursing facility, hospice services, and regional clinics. Yakima is a not-for-profit community hospital located in Yakima, Washington, in central Washington State. § 160.103, and therefore is required to comply with the HIPAA Rules. Yakima Valley Memorial Hospital (“Yakima”), formerly Virginia Mason Memorial, is a Covered Entity as defined at 45 C.F.R.HHS has the authority to conduct compliance reviews and investigations of complaints alleging violations of the Privacy, Security, and Breach Notification Rules (the “HIPAA Rules”) by covered entities and business associates, and covered entities and business associates must cooperate with HHS compliance reviews and investigations. ![]() Part 164, the “Breach Notification Rule”). ![]() Part 160 and Subparts A and D of 45 C.F.R. Part 160 and Subparts A and C of Part 164, the “Security Rule”), and the Federal standards for notification in the case of breach of unsecured protected health information (45 C.F.R. Part 160 and Subparts A and E of Part 164, the “Privacy Rule”), the Federal standards that govern the security of electronic individually identifiable health information (45 C.F.R. ![]()
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