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 yr disclosure of protected health information by Business Associate in violation of the requirements of this Agreement. b Natwithstandin the prohibitions set forth in this Agreement ar the Arrangement ~ } g ~ ~ ratected health information . Agreement, Business Associate may use and disclose p as follows: ~i} if necessary, for the proper management and administration of Business Associate or ta~ carry out the legal responsibilities of Business Associate, provided that as to any such disclosure, the following requirements are net: ~A} the disclosure is required bylaw; or ~B} Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will beheld confidentially 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 Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; iii} for data aggregation services, if such services are tv be provided by Business Associate far the health care operations of Covered Entity pursuant to any agreements between the Parties evidencing their business relationship, 111. AVAILABILITY 4F PRCJTECTED HEALTH 1NFaRMATIC~N Business Assocla~e shall: a at the re nest of Covered Entity, provide access to protected health information in a designated ~ } q an individual in a time and manner sufficient to record set to Covered Entity or, as directed by Covered Entity, to , permit Covered Entity tv comply with the requirements of 45 CFR X64.524. e uest of Covered Entit or an individual, make any amendments} to protected health fib} at the r q Y information in a designated record set that are directed by or agreed to by Covered Entity, in a time and manner sufficient to permit Covered Entity to comply with the requirements of 45 CFR 64.526. disclosures of ratected health information and information related tv such disclosures ~c} document p in a manner sufficient to permit Covered Entity to respond fio a request by an individual for an accounting of disclosures of rofiected health information in accordance with 45 CFR ~ 64.528 and provide such documentation p to Covered Entity or an individual as directed by Covered Entity. IV. TER1vIINATl4N a Term: This Agreement terminates when the Arr~ngemenfi Agreement terminates or as provided ~} in Paragraph 1V. b. below ~terminativn for cause}, . b Termination for cause; Upon Covered Entity's knowledge of a material breach by Business . ~ } ~ ~~ Associate, Covered Entity shall either: i} provide an opportunity far Business Associate to cure the breach or end the ~ d the violation within the time violation or, if Business Associate does not cure the breach or en s ecified by Covered Entity, terminate this Agreement and the Arrangement Agreement; or p ii immediately terminate this Agreement and the Arrangement Agreement if ~ } ~ ement and cure is not ~ ossible. Business Associate has breached a material term of this Agre p c , Return or destruction of protected health information: At termination of this Agreement, the ~ } ~ the business relat~ansh~ of the Parties}, yr upon Arrangement Agreement for any s~mlar documentat~an of p re uest of Covered Entity, whichever occurs first, Business Associate shall; q e with uNC FM Page ~ of 4~ ~7W08 CSC AA