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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. '1' . J.:' \,.) .~... 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. ..'-';J"~ . r: t..:r;C .,.'. ~ ..... -" ". c, ATTEST: .:' ,,;v' /: .~ '\, .... DWIGHTtIi7~RQcK::.Gr;ERk1 \ _ .-..". (~ . -..., . By~~~;d;',H~?~6t) D puty U.. <'~'., Attest as \0 Cl1a ftl'a"Blift:~':JJ .... 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 ',' ." ........ .....~..l \,: i, Lbf".3 . '''''r''O" 3'7;2\Q.l.f (;,,\e t"'""'t i 7<\ ~\~~ot.j I ~ ',' ~ , t~*i __.__.__l