Resolution 2004-081
16E3
RESOLUTION NO. 04- 81
RESOLUTION AUTHORIZING THE BOARD OF COMMISSIONERS TO
DELEGATE LIMITED ADMINISTRATIVE AUTHORITY TO THE APPOINTED
PRIV ACY OFFICER AND SECURITY OFFICER FOR THE PURPOSES OF
COMPLIANCE WITH THE PROVISIONS OF THE HEALTH INSURANCE
PORT ABILITY AND ACCOUNTABILITY ACT OF 1996.
WHEREAS, Congress passed and the President of the United States signed into law the Health
Insurance Portability and Accountabili ty Act of 1996, also known as HIP AA; and
WHEREAS, the Board of Commissioners of Collier County through its County Manager is
responsible for the operation of several "covered components" within its operating divisions as defined
by the statute; and
WHEREAS, the Board of Commissioners is a "Hybrid Entity" pursuant to the statute which
comprises several different types of "covered components" within a single organization; and
WHEREAS, the provisions of the privacy and security rules require the appointment of a
Privacy Officer and a Security Officer to establish compliance practices and procedures for covered
entities; and
WHEREAS, the County Manager has appointed the Director of Risk Management as Privacy
Officer and the Security Administrator of the Information Technology Department as the Security
Officer; and
WHEREAS, to assure the efficient administration of the program, the Board of Commissioners
has determined that it is desirable to delegate limited administrative authority to the Privacy Officer
and the Security Officer; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
I) The Board of County Commissioners adopts the following Statement of Hybrid
Classification.
Statement of Hvbrid Classification
Collier County, Florida encompasses a multitude of governmental functions. Many
departments of the County are not considered covered components under the Privacy Rules of
the Health Insurance Portability and Accountability Act and some would be considered covered
components based on the department's functionality. Collier County hereby designates itself as
a hybrid entity. Under the hybrid entity rules, it is hereby designated that the Collier County
Emergency Services Department, Risk Management Department, Information Technology
Department and Human Services Department are covered components under the Act. All other
departments and divisions within the County are not covered under the rules.
2) The Privacy Officer shall have the authority to amend the Statement of Hybrid
Classification from time to time, as needed, ifit is determined that another department or
operation becomes a covered operation.
3) The Privacy Officer shall have the authority to approve Notice of Privacy Practice po stings
subject to the approval for legal sufficiency by the County Attorney.
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4) The Privacy Officer shall have the authority to approve and execute Business Associate
Agreements necessary to assure compliance with the general provisions of the statute,
privacy and security rules, subject to the approval for legal sufficiency by the County
Attorney.
5) The Privacy Officer shall have the authority to implement the privacy rules.
6) The Security Officer shall have the authority to audit and enforce the provisions of the
information technology rules of the statute including but not limited to the establishment of
physical and/or access safeguards; assuring data integrity and transfer; the establishment of
an organization structure for the purposes of compliance; and training. This authority shall
extend to those covered and non-covered components which have direct and/or indirect
interaction with HIP AA.
7) The Security Officer shall have the authority to approve and execute Business Associate
Agreements necessary to assure compliance with security provisions of the statute subject
to the approval for legal sufflciency by the County Attorney,
8) The Privacy Officer and Security Officer may delegate this authority for a limited period of
time in the event of absence, illness, foreseen or unforeseen events.
This Resolution adopted after motion, second and majority vote in favor of this adoption
this _ day of ' 2004.
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signature utll,y. '" .
Approved as to
BOARD OF COUNTY COMMISSIONERS,
COIfJ R COUNTY, Fyo~A
BY: A. ~ cd'"~
Commissioner Donna Fiala, CHAIRMAN
Scott Teach,
Assistant County Attorney
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