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(v) report to Covered Entity any use or disclosure of protected health information <br />which is not in compliance with the terms of this Agreement of which it becomes aware; and <br />(vi) mitigate, to the extent practicable, any harmful effect that is known to Business <br />Associate of a use or disclosure of protected health information by Business Associate in violation <br />of the requirements of this Agreement. <br />(b) Notwithstanding the prohibitions set forth in this Agreement or the Arrangement <br />Agreement, Business Associate may use and disclose protected health information <br />as follows: <br />(i) if necessary, for the proper management and administration of Business <br />Associate or to carry out the legal responsibilities of Business Associate, provided that as to any <br />such disclosure, the following requirements are met: <br />(A) the disclosure is required by law; or <br />(B) Business Associate obtains reasonable assurances from the person to <br />whom the information is disclosed that it will be held confidentially and used or further <br />disclosed only as required by law or for the purpose for which it was disclosed to the <br />person, and the person notifies Business Associate of any instances of which it is aware <br />in which the confidentiality of the information has been breached; <br />(ii) for data aggregation services, if such services are to be provided by Business <br />Associate for the health care operations of Covered Entity pursuant to any agreements between <br />the Parties evidencing their business relationship. <br />III. AVAILABILITY OF PROTECTED HEALTH INFORMATION <br />Business Associate shall: <br />(a) at the request of Covered Entity, provide access to protected health information in a designated <br />record set to Covered Entity or, as directed by Covered Entity, to an individual, in a time and manner sufficient to <br />permit Covered Entity to comply with the requirements of 45 CFR 164.524. <br />(b) at the request of Covered Entity or an individual, make any amendment(s) to protected health <br />information in a designated record set that are directed by or agreed to by Covered Entity, in a time and manner <br />sufficient to permit Covered Entity to comply with the requirements of 45 CFR 164.526. <br />(c) document disclosures of protected health information and information related to such disclosures <br />in a manner sufficient to permit 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 and provide such documentation <br />to Covered Entity or an individual as directed by Covered Entity. <br />IV. TERMINATION <br />(a) Term: This Agreement terminates when the Arrangement Agreement terminates or as provided <br />in Paragraph IV.b. below (termination for cause). <br />(b) Termination for cause: Upon Covered Entity's knowledge of a material breach by Business <br />Associate, Covered Entity shall either: <br />(i) provide an opportunity for Business Associate to cure the breach or end the <br />violation or, if Business Associate does not cure the breach or end the violation within the time <br />specified by Covered Entity, terminate this Agreement and the Arrangement Agreement; or <br />(ii) immediately terminate this Agreement and the Arrangement Agreement if <br />Business Associate has breached a material term of this Agreement and cure is not possible. <br />Page 2 of 4 <br />S:\Managers Working Files\Contracts\DENTAL\FY 09 Head Start Contract\2009-10 CHTOP OCBAA.doc <br />