Number
151800
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution authorizing the Milwaukee Fire Department to enter into HIPAA Business Associate Agreements on behalf of the City of Milwaukee.
Analysis
This resolution authorizes the Milwaukee Fire Department to enter into agreements relating to the protection and safeguarding of personal health information when required for compliance with federal medical privacy laws.
Resolution
Body
Whereas, The Health Insurance Portability and Accountability Act of 1996 (HIPAA) imposes various requirements on health care providers with respect to the privacy and security of personal health information; and
Whereas, One of these requirements is that health care providers enter to agreements denominated as “Business Associate Agreements” in certain instances where they share personal health information with third parties; and
Whereas, The Milwaukee Fire Department shares personal health information with other health care providers, medical billing agents, bill collection agents, health insurance providers, state and federal agencies, and health care agencies and clearinghouses, among others, in the course of providing emergency medical services; and
Whereas, The Milwaukee Fire Department may be required to enter into Business Associate Agreements in these instances in order to document compliance with HIPAA requirements; and
Whereas, The Common Council wishes to authorize the Milwaukee Fire Department, acting through either the Fire Chief or the EMS Battalion Chief, to enter into Business Associate Agreements on behalf of the City of Milwaukee for purposes of HIPAA compliance, with such agreements to be subject to review and approval by the City Attorney; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Milwaukee Fire Department is authorized to enter into Business Associate Agreements as required by federal law in connection with its emergency medical services operations, provided that any such agreement is first subject to review and approval by the City Attorney.
Requestor
City Attorney
Drafter
EHT:
April 4, 2016
1061-2016-677:227167