2009-060 Health - State of NC Health Dept

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Consolidate Agreement -Final Page l8 of ~'~' 4. PERMITTED USES AND DISCLOSURES a. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU pernvts, Business Associate may use or disclostr electronic protected health information and other protected health infomtation to perform functions, activities, or services for, or on behalf of, Covered -Entity as specified in the MOU, provided that such use or disclosure: 1) -would not violate the Privacy and Security Rules if done by Covered Entity; or 2) would not violate the minimum necessary policies and procedures of the Covered Entity. b Except as otherwise, limited in this Agreement or by other .applicable law or agreements, if the MOU permits, Business Associate may use electronic protected health information and other protected health information as necessary for the- proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 'c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permits, Business Associate may disclose electronic protected health-information and other protected health information for the proper management and administration of the Business Associate, provided that: 1) disclosures are required by law; or 2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be used or further disclosed only as_required by taw or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which iY is aware in which the confidentiality of the information has been breached. d. Except as otherwise limited in this Agreement ar by other applicable law or agreements, if the MOU permits, Business Associate may use electronic protected health information and other" protected health information to provide data aggregation services to Covered .Entity as pemutted by 45 CFR 164.SQ4(e)(2xixB). e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose electronic protected health information or other protected health information if the use or disclosure would violate any term of the MOU or by other applicable law or agreements. 5. TERM AND TERMINATION a. Term. This Agreement shall be effective as of the effective date stated above and shall terminate when the MOU terminates. b. Termination for Caase. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity may, at its option: 1) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this Agreement and services provided- by Business Associate, to the extent permissible by law, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; . 2) Immediately terminate this Agreement and services provided by Business Associate, to the extent permissible by law; or 3) If neither termination nor cure is feasible, report the violation to the Secretary as provided in the Privacy and Security Rules.