the same meaning as those terms in the Privacy Rule and the Security Rule.
in 45 CFR §160.103 and shall include a person who qualifies as a personal
representative in accordance with 45 CFR §164.502(g).
Individually Identifiable Health Information at 45 CFR Part 160 and Part 164,
Subparts A and E.
have the same meaning as the term “protected health information” in 45
CFR §160.103, limited to the information created or received by Business
Associate from or on behalf of Covered Entity.
term “required by law” in 45 CFR §164.103.
and Human Services or his or her designee.
Electronic Protected Health Information at 45 C.F.R. parts §160 and §164,
subparts A and C.
other than as permitted or required by this Agreement or as Required By Law.
disclosure of the Protected Health Information other than as provided for
by this Agreement. Business Associate agrees to implement administrative,
physical and technical safeguards that reasonably and appropriately protect
the confidentiality, integrity and availability of any electronic Protected Health
Information that Business Associate creates, receives, maintains or transmits
on behalf of Covered Entity, as provided for in the Security Rule.
effect that is known to Business Associate of a use or disclosure of Protected
Health Information by Business Associate in violation of the requirements of
the Protected Health Information not provided for by this Agreement of which
it becomes aware. Business Associate also agrees to report to Covered Entity
any security incident, including all data breaches whether internal or external,
related to Protected Health Information of which Business Associate becomes
subcontractor, to whom it provides Protected Health Information received
from, or created or received by Business Associate on behalf of, Covered
Entity, agrees to the same restrictions and conditions that apply through this
Agreement to Business Associate with respect to such information.
Entity and during normal business hours, to Protected Health Information
in a Designated Record Set to Covered Entity or, as directed by Covered
Entity, to an Individual in order to meet the requirements under 45 CFR
written notice at least five (5) business days in advance of requesting such
access. This provision does not apply if Business Associate and its employees,
subcontractors and agents have no Protected Health Information in a
Designated Record Set of Covered Entity.
Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR §164.526, at the request of Covered Entity
or an Individual. This provision does not apply if Business Associate and its
employees, subcontractors and agents have no Protected Health Information
from a Designated Record Set of Covered Entity.
law, Business Associate agrees to make internal practices, books, and
records, including policies and procedures, relating to the use or disclosure
of Protected Health Information received from, or created or received by
Business Associate on behalf of, Covered Entity, available to the Covered
Entity or to the Secretary for purposes of the Secretary determining Covered
Entity’s compliance with the Privacy Rule or Security Rule. Business Associate
shall have a reasonable time within which to comply with requests for such
access and in no case shall access be required in less than five (5) business
days after Business Associate’s receipt of such request, unless otherwise
designated by the Secretary.
of disclosures of Protected Health Information as would be required for
Covered Entity to respond to a request by an Individual for an accounting of
such disclosures, in accordance with 45 CFR §164.528.
Covered Entity documentation made in accordance with this Agreement
to permit Covered Entity to respond to a request by an Individual for an
accounting of disclosures of Protected Health Information in accordance with
45 C.F.R.§164.528. Business Associate shall have a reasonable time within
which to comply with such a request from Covered Entity and in no case shall
Business Associate be required to provide such documentation in less than
five (5) business days after Business Associate’s receipt of such request.
receives an access, amendment, accounting of disclosure, or other similar
request directly from an Individual, Business Associate will redirect the
Individual to the Covered Entity.
make any uses and disclosures of Protected Health Information necessary
to perform its services to Covered Entity and otherwise meet its obligations
under this Agreement, if such use or disclosure would not violate the Privacy
Rule if done by Covered Entity. All other uses or disclosures by Business
Associate not authorized by this Agreement or by specific instruction of
Covered Entity are prohibited.
Protected Health Information for the proper management and administration
of the Business Associate or to carry out the legal responsibilities of the
disclose Protected Health Information for the proper management and
administration of the Business Associate, provided that disclosures are
Required By Law, or Business Associate obtains reasonable assurances from
the person to whom the information is disclosed that it will remain confidential
and used or further disclosed only as Required By Law or for the purpose for
which it was disclosed to the person, and the person notifies the Business
Associate of any instances of which it is aware in which the confidentiality of
the information has been breached.
Protected Health Information to provide Data Aggregation services to Covered
Entity as permitted by 45 CFR §164.504(e)(2)(i)(B).
violations of law to appropriate Federal and State authorities, consistent with
of privacy practices of Covered Entity in accordance with 45 CFR §164.520,
to the extent that such limitation may affect Business Associate’s use or
disclosure of Protected Health Information.
of, permission by Individual to use or disclose Protected Health Information,
to the extent that such changes may affect Business Associate’s use or
disclosure of Protected Health Information.
disclosure of Protected Health Information that Covered Entity has agreed to
in accordance with 45 CFR §164.522, to the extent that such restriction may
affect Business Associate’s use or disclosure of Protected Health Information.
by Covered Entity to Business Associate, or created or received by Business
Associate on behalf of Covered Entity, is destroyed or returned to Covered
Entity, or, if it is infeasible to return or destroy Protected Health Information,
protections are extended to such information, in accordance with the
termination provisions in this Agreement.
by Business Associate, Covered Entity shall give Business Associate written
notice of such breach and provide reasonable opportunity for Business
Associate to cure the breach or end the violation. Covered Entity may
terminate this Agreement, and Business Associate agrees to such termination,
if Business Associate has breached a material term of this Agreement and
does not cure the breach or cure is not possible. If neither termination nor
cure is feasible, Covered Entity shall report the violation to the Secretary.
of this Agreement for any reason, Business Associate shall return or
destroy all Protected Health Information received from, or created
or received by Business Associate on behalf of, Covered Entity. This
provision shall apply to Protected Health Information that is in the
possession of subcontractors or agents of Business Associate. Business
Associate shall retain no copies of the Protected Health Information.
destroying the Protected Health Information is infeasible, Business
Associate shall provide to Covered Entity, within ten (10) business
days, notification of the conditions that make return or destruction
infeasible. Upon such determination, Business Associate shall extend the
protections of this Agreement to such Protected Health Information and
limit further uses and disclosures of such Protected Health Information
to those purposes that make the return or destruction infeasible, for so
long as Business Associate maintains such Protected Health Information.
Privacy Rule or Security Rule means the section as in effect or as amended.
this Agreement from time to time as is necessary for Covered Entity to comply
with the requirements of the Privacy Rule or Security Rule and the Health
Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
under Section 5(c) of this Agreement shall survive the termination of this
Covered Entity to comply with the Privacy Rule or the Security Rule.
7 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one original Agreement. Facsimile signatures shall be accepted and enforceable in lieu of original signatures.