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Contract #68-2005 <br />Arcadia Health Services, Inc. <br />4. PERMITTED USES AND DISCLOSURES <br />a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if <br />the Contract permits, Business Associate may use or disclose Protected Health <br />Information to perform functions, activities, or services for, or on behalf of, Covered <br />Entity as specified in the Contract, provided that such use or disclosure: <br />1) would not violate the Privacy Rule if done by Covered Entity; or <br />2) would not violate the minimum necessary policies and procedures of the Covered <br />Entity. <br />b. Except as otherwise limited in this Agreement or by other applicable law or agreements, <br />if the Contract permits, Business Associate may use Protected Health Information as <br />necessary for the proper management and administration of the Business Associate or to <br />carry out the legal responsibilities of the Business Associate. <br />c. Except as otherwise limited in this Agreement or by other applicable law or agreements, <br />if the Contract permits, Business Associate may disclose Protected Health Information <br />for the proper management and administration of the Business Associate, provided that: <br />1) disclosures are Required By Law; or <br />2) Business Associate obtains reasonable .assurances from the person to whom the <br />information is disclosed that it will remain confidential and will be used or further <br />disclosed only as Required By Law or for the purpose for which it was disclosed to <br />the person, and the person notifies the Business Associate of any instances of which <br />it is aware in which the confidentiality of the information has been breached. <br />d. Except as otherwise limited in this Agreement or by other applicable law or agreements, <br />if the Contract permits, .Business Associate may use Protected Health Information to <br />provide data aggregation services to Covered Entity as permitted by 45 CFR <br />164.5 04(e)(2)(i) (B). <br />e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose <br />Protected Health Information if the use or disclosure would violate any term of the <br />Contract or other applicable law or agreements. <br />5. TERM AND TERMINATION <br />a. Term. This Agreement shall be effective as of the effective date stated above and shall <br />terminate when the Contract terminates. <br />b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by <br />Business Associate, Covered Entity may, at its option: <br />1) Provide an opportunity for Business Associate to cure the breach or end the <br />violation, and terminate this Agreement and services provided by Business <br />Associate, to the extent permissible by law, if Business Associate does not cure the <br />breach or end the violation within the time specified by Covered Entity; <br />2) Immediately terminate this Agreement and services provided by Business Associate, <br />to the extent permissible by law; or <br />Contract-HIPAA (06/04) Page 3 of 4 <br />