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Contract #68-2005 <br />Arcadia Health Services, Inc. <br />designated by the Secretary, for purposes of the Secretary determining Covered Entity's <br />compliance with the Privacy and Security Rules. <br />i. Business Associate agrees to document such disclosures of electronic protected health <br />information and other protected health information related to such disclosures as would <br />be required for Covered Entity to respond to a request by an individual for an accounting <br />of disclosures of electronic protected health information and other 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 />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 electronic protected health <br />information and other protected health information to perform functions, activities, or <br />services for, or on behalf of, Covered Entity as specified in the Contract, provided that <br />such use or disclosure: <br />1) would not violate the Privacy and Security Rules 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 electronic protected health <br />information and other protected health information as necessary for the proper <br />management and administration of the Business Associate or to carry out the legal <br />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 electronic protected health <br />information and other protected health information for the proper management and <br />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 ofthe 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 electronic protected health <br />information and other protected health information to provide data aggregation services <br />to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B). <br />e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose <br />electronic protected health information or other protected health information if the use or <br />disclosure would violate any term of the 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 />Contract-Scope of Work (07/08) Page 3of 5 <br />