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2005 S DSS - Orange Co Schools for Social Work Services
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2005 S DSS - Orange Co Schools for Social Work Services
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Last modified
6/7/2011 3:38:19 PM
Creation date
1/12/2011 4:55:34 PM
Metadata
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BOCC
Date
10/18/2005
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5g
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Agenda - 10-18-2005-5g
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 10-18-2005
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an accounting of disclosures of protected health information in accordance with 45 CFR 164.528 and <br />provide such documentation 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 <br />provided in Paragraph IV.b. below (termination for cause). <br />(b) Termination for cause: Upon Covered Entity's knowledge of a material breach by <br />Business Associate, Covered Entity shall either: <br />(i) provide an opportunity for Business Associate to cure the breach or end <br />the violation or, if Business Associate does not cure the breach or end the violation <br />within the time specked by Covered Entity, terminate this Agreement and the <br />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 <br />possible. <br />(c) Return or destruction of protected health information: At termination of this Agreement, <br />the Arrangement Agreement (or any similar documentation of the business relationship of the Parties), <br />or upon request of Covered Entity, whichever occurs first, Business Associate shall: <br />(i) if feasible, return or destroy all protected health information received from <br />or created or received by Business Associate on behalf of Covered Entity that Business <br />Associate still maintains in any form. Business Associate shall only destroy protected <br />health information with the written approval of Covered Entity. After return or <br />destruction, Business Associate shall retain no copies of such information. <br />(ii) if return or destruction is not feasible, .Business Associate will provide <br />Covered Entity with documentation explaining the reason that it is not feasible. If the <br />protected health information is not returned or destroyed, Business Associate will extend <br />the protections of this Agreement to the information and limit further uses and <br />disclosures to those purposes that make the return or destruction of the information not <br />feasible. <br />(d) Survival: The obligations of Business Associate under this Agreement shall survive the <br />expiration, termination, or cancellation of this Agreement, the Arrangement Agreement and/or the <br />business relationship of the parties, and shall continue to bind Business Associate, its agents, <br />employees, contractors, successors, and assigns as set forth herein. <br />V. MISCELLANEOUS <br />(a) All protected health information that is created or received by Covered Entity and <br />disclosed or made available in any form, including paper record, oral communication, audio recording, <br />and electronic display by Covered Entity or its operating units to Business Associa#e or is~created or <br />received by Business Associate on Covered Entity's behalf shall be subject to this Agreement. <br />(b) A reference in this Agreement to a section in the HIPAA Security and Privacy Rule <br />means the section as in efFect or as amended. <br />3 <br />
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