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UNCH#92 <br /> Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR <br /> 164.526. <br /> h. Unless otherwise prohibited by law,Business Associate agrees to make internal <br /> practices,books,and records,including policies and procedures concerning electronic <br /> protected health information and other protected health information,relating to the use <br /> and disclosure of electronic protected health information and other protected health <br /> information received from,or created or received by Business Associate on behalf of, <br /> Coveted Entity available to the Covered Entity,or to the Secretary,in a time and manner <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 /> 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 <br /> which 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 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 />