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Agenda - 05-19-2009 - 4l
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Agenda - 05-19-2009 - 4l
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Last modified
7/29/2009 9:43:39 AM
Creation date
5/18/2009 12:12:03 PM
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BOCC
Date
5/19/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4l
Document Relationships
2009-052 DSS - UNC Hospitals Madicaid Program
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Minutes - 20090519
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
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UNCH #92 <br />Covered Entity to respond to a request by an Individual for an accounting of <br />disclosures of Protected Health Information in accordance with 45 CFR 164.528, <br />and to provide this information to Covered Entity or an Individual to permit such <br />a response. <br />4. PERMITTED USES AND DISCLOSURES <br />a. Except as otherwise limited in this Agreement or by other applicable law or <br />agreement, if the Contract permits, Business Associate may use or disclose <br />Protected Health Information to perform functions, activities, or services for, or <br />on behalf of, Covered Entity as specified in the Contract, provided that such use <br />or disclosure: <br />1) would not violate the Privacy Rule if done by Covered Entity; or <br />2) would not violate the minimum necessary policies and procedures of the <br />Covered Entity. <br />b. Except as otherwise limited in this Agreement or by other applicable law or <br />agreements, if the Contract permits, Business Associate may use Protected Health <br />Information as necessary for the proper management and administration of the <br />Business Associate or to carry out the legal responsibilities of the Business <br />Associate. <br />c. Except as otherwise limited in this Agreement or by other applicable law or <br />agreements, if the Contract permits, Business Associate may disclose Protected <br />Health Information for the proper management and administration of the Business <br />Associate, provided that: <br />1) disclosures are Required By Law; or <br />2) Business Associate obtains reasonable assurances from the person to whom <br />the information is disclosed that it will remain confidential and will be used <br />or further disclosed only as Required By Law or for the purpose for which it <br />was disclosed to the person, and the person notifies the Business Associate <br />of any instances of which it is aware in which the confidentiality of the <br />information has been breached. <br />d. Except as otherwise limited in this Agreement or by other applicable law or <br />agreements, if the Contract permits, Business Associate may use Protected Health <br />Information to provide data aggregation services to Covered Entity as permitted <br />by 45 CFR 164.504(e)(2)(i)(B). <br />e. Notwithstanding the foregoing provisions, Business Associate may not use or <br />disclose Protected Health Information if the use or disclosure would violate any <br />term of the Contract or other applicable law or agreements. <br />5. TERM AND TERMINATION <br /> <br />a. Term. This Agreement shall be effective as of the effective date stated above and <br />shall terminate when the Contract terminates. <br />
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