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Agenda - 03-17-2009 - 4f
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Agenda - 03-17-2009 - 4f
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Last modified
3/22/2016 2:33:56 PM
Creation date
3/16/2009 11:08:35 AM
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BOCC
Date
3/17/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4f
Document Relationships
2009-060 Health - State of NC Health Dept
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Minutes - 20090317
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
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20 <br /> Consolidate Agreement—Final Page 18 of 19 <br /> 4. PERMITTED USES AND DISCLOSURES <br /> a. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU <br /> permits,Business Associate may use or disclose electronic protected health information and other protected <br /> health information to perform functions, activities, or services for, or on behalf ofi Covered Entity as <br /> specified in the MOU,provided that such use or disclosure: <br /> 1) would not violate the Privacy and Security Rules if done by Covered Entity;or <br /> 2) would not violate the minimum necessary policies and procedures of the Covered Entity. <br /> k, Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU <br /> permits, Business Associate may use electronic protected health information and other protected health <br /> information as necessary for the proper management and administration of the Business Associate or to <br /> cant'out the legal responsibilities of the Business Associate. <br /> c Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU <br /> permits,Business Associate may disclose electronic protected health information and other protected health <br /> information for the proper management and administration of the Business Associate,provided that: <br /> 1) disclosures are required by law;or <br /> 2) Business Associate obtains reasonable assurances from the person to whom the information is <br /> disclosed that it will remain confidential and will be used or further disclosed only as required by law <br /> or for the purpose for which it was disclosed to the person, and the person notifies the Business <br /> Associate of any instances of which it is aware in which the confidentiality of the information has been <br /> breached. <br /> fi Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU <br /> permits, Business Associate may use electronic protected health information and other protected health <br /> information to provide data aggregation services to Covered Entity as permitted by 45 CFR <br /> 164.504(eX2Xi)(B)- <br /> e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose electronic protected <br /> health information or other protected health information if the use or disclosure would violate any term of <br /> the MOU or by other applicable law or agreements. <br /> 5. TERM AND TERMINATION <br /> Term.This Agreement shall be effective as of the effective date stated above and shall terminate when the <br /> MOU terminates. <br /> b. Termination for Cause.Upon Covered Entity's knowledge of a material breach by Business Associate, <br /> Covered Entity may,at its option: <br /> 1) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate <br /> this Agreement and services provided by Business Associate, to the extent permissible by law, if <br /> Business Associate does not cure the breach or end the violation within the time specified by Covered <br /> Entity; <br /> 2) Immediately terminate this Agreement and services provided by Business Associate, to the extent <br /> permissible by law;or <br /> 3) If neither termination nor cure is feasible, report the violation to the Secretary as provided in the <br /> Privacy and Security Rules. _ <br />
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