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25 <br />Contract #68 -2005 <br />Arcadia Health Services, Inc. <br />f. Unless otherwise defined in this Agreement, terms used herein shall have the same <br />meaning as those terms have in the Privacy Rule. <br />3. OBLIGATIONS OF BUSINESS ASSOCIATE <br />a. Business Associate agrees to not use or disclose Protected Health Information other than <br />as permitted or required by this Agreement or as Required By Law. <br />b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of <br />the Protected Health Information other than as provided for by this Agreement. <br />c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is <br />known to Business Associate of a use or disclosure of Protected Health Information by <br />Business Associate in violation of the requirements of this Agreement. <br />d. Business Associate agrees to report to Covered Entity any use or disclosure of the <br />Protected Health Information not provided for by this Agreement of which it becomes <br />aware. <br />e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it <br />provides Protected Health Information received from, or created or received by Business <br />Associate on behalf of Covered Entity agrees to the same restrictions and conditions that <br />apply through this Agreement to Business Associate with respect to such information. <br />f. Business Associate agrees to provide access, at the request of Covered Entity, to <br />Protected Health Information in a Designated Record Set to Covered Entity or, as <br />directed by Covered Entity, to an Individual in order to meet the requirements under 45 <br />CFR 164.524. <br />g. Business Associate agrees, at the request of the Covered Entity, to make any <br />amendment(s) to Protected Health Information in a Designated Record Set that the <br />Covered Entity directs or agrees to pursuant to 45 CFR 164.526. <br />h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices, <br />books, and records, including policies and procedures and Protected Health Information, <br />relating to the use and disclosure of Protected Health Information received from, or <br />created or received by Business Associate on behalf of Covered Entity, available to the <br />Covered Entity, for purposes of determining Covered Entity's compliance with the <br />Privacy Rule. <br />i. Business Associate agrees to document such disclosures of Protected Health Information <br />and information related to such disclosures as would be required for Covered Entity to <br />respond to a request by an Individual for an accounting of disclosures of Protected Health <br />Information in accordance with 45 CFR 164.528, and to provide this information to <br />Covered Entity or an Individual to permit such a response. <br />Contract -HIPAA (06/04) Page 2 of 4 <br />