2008-065 Health - UNC Medicine and Health Dept

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Zvi} mitigate, to the extent practicable, any harmful 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 this Agreement. b Notwithstanding the prohibitions set forth in this Agreement or the Arrangement ~ } ~ tion Agreement, Business Associate may use and d[sclose protected health ~nforma as follows: ~i} if necessary, for the proper management and administration of Business Associate or tv carry out the legal responsibilities of Business Associate, provided that as to any such disclosure, the following requirements are met. ~A} the disclosure is required by law; ar ~B} Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed tv the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; iii} far data aggregation services, if such services are to be provided by Business Associate for the health care operations of Gavered Entity pursuant to any agreements between the Parties evidencing their business relationship. 111. AVAILAB[LITY nF PROTECTED HEALTH INFORMATION Busr'ness assoclafe sha11: ~a} ~ at the request of Covered Entity, provide access to protected health information in a designated record set to Covered entity or, as directed by Covered Entity, to an [ndividual, in a time and manner sufficient to ermit Covered Entity to comply with the requirements of 45 CFR ~G4.524. P fib} at the request of Covered Entity or an individual, make any amendments} to protected health information in a designated record set that are directed by or agreed to by Covered Entity, in a time and manner sufficient tv permit Covered Entity to comply with the requirements of 45 CFR ~ 64.56. ~c} document disclosures of protected health information and information related to such disclosures in a manner sufficient 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 CFR ~ 64.58 and provide such documentation to Covered Entity or an individual as directed by Covered Entity. lV, TERMINATl~7N (a) Term: This Agreement terminates when the Arrangement Agreement terminates or as provided in Paragraph IV. b. below (termination for cause). fib} Termination for cause: Upon Covered Entity's knowledge of a material breach by Business Associate, Covered, Entity shall either: ~i} provide an opportunity for Business Associate to cure the breach or end the violation or, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity, terminate this Agreement and the Arrangement Agreement; or iii} immediately terminate this Agreement and the ArrangementAgreement if Business Associate has breached a material term ofthis Agreement and cure is not possible. c Return or destruction of protected health information: At termination of this Agreement, the ~} Arrangement Agreement €or any similar documentation of the business relationship ofthe Parties}, or upon request of Covered Entity, whichever occurs first, Business Associate shall: ~7~08 ocBAA with UNC FM page 2 of ~