Orange County NC Website
Browse       Search
Contract a~ L86076-108 <br />North Carolina baptist Ilospital <br />Associate of any instances of which it is aware in which the confidentiality ofthe information has been <br />breached. <br />d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract <br />permits, Business Associate may use Protected Health Information to provide data aggregation services to <br />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 Protected Health <br />Information if the use or disclosure would violate any term of the Contract or other applicable law or <br />agreements. <br />S. TERM AND TERMINATION <br />a. Term. This Agreement shall be effective as of the effective date stated above and shall terminate when the <br />Contract terminates. <br />b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, <br />Covered Entity may, at its option: <br />1) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate <br />this Agreement and services provided by Business Associate, to the extent permissible by law, if <br />Business Associate does not cure the breach or end the violation within the time specified by Covered <br />Entity; <br />2) Immediately terminate this Agreement and services provided by Business Associate, to the extent <br />permissible by law; or <br />3) If neither termination nor cure is feasible, report the violation to the Secretary as provided in the <br />Privacy Rule. <br />c. Effect of Termination. <br />1) Except as provided in paragraph (2) of this section or in the Contract or by other applicable law or <br />agreements, upon termination of this Agreement and services provided by Business Associate, for any <br />reason, Business Associate shall return or destroy all Protected Health Information received from <br />Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This <br />provision shall apply to Protected Health Information that is in the possession of subcontractors or <br />agents of Business Associate. Business Associate shall retain no copies of the Protected Health <br />Information. <br />2) In the event that Business Associate determines that returning or destroying the Protected Health <br />Information is not feasible, Business Associate shall provide to Covered Entity notification of the <br />conditions that make return or destruction not feasible. Business Associate shall extend the protections <br />of this Agreement to such Protected Health Information and limit further uses and disclosures of such <br />Protected Health Information to those purposes that make the return or destruction infeasible, for so <br />long as Business Associate maintains such Protected Health Information. <br />6. GENERAL TERMS AND CONDITIONS <br />a. This Agreement amends and is part of the Contract. <br />b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in force and <br />shall apply to this Agreement as if set forth fully herein. <br />Contract-General (06/04) Page 18 of 19 <br />