Orange County NC Website
Browse       Search
(1) Except as provided in paragraph (2) of this section, upon <br />termination of this Agreement, for any reason, BILLING <br />COMPANY shall return or destroy all Protected Health <br />Information received from CLIENT, or created or received <br />by BILLING COMPANY on behalf of CLIENT. This <br />provision shall apply to Protected Health Information that <br />is in the possession of subcontractors or agents of <br />BILLING COMPANY. BILLING COMPANY shall retain no <br />copies of the Protected Health Information. <br />(2) In the event that BILLING COMPANY determines that <br />returning or destroying the Protected Health Information is <br />infeasible, BILLING COMPANY shall provide to CLIENT <br />notification of the conditions that make return or <br />destruction infeasible. Upon [Insert negotiated terms] that <br />return or destruction of Protected Health Information is <br />infeasible, BILLING COMPANY shall extend the <br />protections of this Agreement to such Protected Health <br />Information and limit further uses and disclosures of such <br />Protected Health Information to those purposes that make <br />the return or destruction infeasible, for so long as BILLING <br />COMPANY maintains such Protected Health Information. <br />E. General Provisions. <br />1. Regulatory References. A reference in this Agreement to a section in the <br />Privacy Rule means the section as in effect or as amended. <br />2. Amendment. The Parties agree to take such action as is necessary to <br />amend this Agreement from time to time as is necessary for Covered Entity <br />to comply with the requirements of the Privacy Rule and the Health <br />Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 <br />(HIPPA). <br />3. Survival. The respective rights and obligations of BILLING COMPANY <br />under Section D "Effect of Termination" of this Agreement shall survive the <br />termination of this Agreement. <br />4. _Interpretation. Any ambiguity in this Agreement shall be resolved to permit <br />Covered Entity to comply with the HIPPA Privacy Rule. Terms used, but <br />not otherwise defined, in this Agreement shall have the same meaning as <br />those terms in the HIPPA Privacy Rule. <br />5. The Client shall not reauest BILLING COMPANY to use of disclose PHI in <br />any manner that wouln not be permissible under the HIPPA Privac r~ if <br />done by the Client, except if the BILLING COMPANY uses or discloses PHI <br />for, and in the manner provided herein for the management and <br />administration of the services provided to the Client <br />6. Governing Law -This Agreement and the rights and obligations to the <br />parties thereunder shall be construed and governed by the laws of the <br />State of North Carolina and venue for any proceedings arising here under <br />shall be in said state. <br />17 <br />