2012-038 Human Resources - Delta Dental Claims & Administrative fees

Browse Search

5. To provide summary health information (as defined in 45 CFR 164.504) to the Plan Sponsor for the purposes of obtaining premium bids for other health insurance coverage or, if needed, to amend or terminate the Plan. For purposes (3) and (4) above, Business Associate may use or disclose PHI to third parties only if the disclosure is Required by Law, Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that it will be held confidentially and used or further disclosed only as Required by Law or for the purposes for which it was disclosed to the person, and the person to whom the disclosure is made is obligated to notify Business Associate of any instances of which that person is or becomes aware in which the confidenriality of the information has been breached. C. Oblieations of the Plan. 1. Comply With the Privacy Rule. The Plan shall comply with all the obligations imposed on Covered Entiries under the Privacy Rule with respect to the pemritted and required uses and disclosures of PHI. 2. Notice of Privacy Practices. The Plan shall provide Business Associate with a copy of its Notice of Privacy Practices, as well as any changes made to such Notice from time to time. 3. Communicate Changes in Permitted Uses and Disclosures. T'he Plan shall provide Business Associate with any changes in, or revocarion of, permission by Participants or Beneficiaries to use or disclose PHI, if such changes affect Business Associate's pernutted or required uses and disclosures of PHI. 4. Communication of Restrictions on Uses and Disclosures. The Plan shall notify Business Associate of any restriction to the use or disclosure of PHI that the Plan has agreed to. 5. Prohibirion of Employment-Related Disclosures. The Plan shall not use or disclose the PHI of any Participant or Beneficiary to the Plan Sponsor for any employment-related purposes, or in connection with any other benefit plan of the Plan Sponsor, nor shall it direct Business Associate to do so. 6. Guarantee of Individual Rights. The Plan shall ensure that Participants and Beneficiaries have the rights of access, amendment, and accounting with respect to their own PHI as set forth under the Privacy Rule. 7. Limitation on Access for Administrative Purposes. The Plan shall ensure that access to the PHI of Participants and Beneficiaries will be limited to those employees or agents of the Plan Sponsor designated in the Plan documents as being entitled to receive and use PHI in connecrion with the administrarion of the Plan, and will notify Business Associate in a timely fashion of the identity of such persons, any changes in the persons so designated, and a means for Business Associate to verify that it is in fact communicating with such persons. 8. Safeguards. The Plan shall establish or cause to be established adequate administrative, physical, and technical safeguards for protecting PHI and will provide Business Associate with sufficient information about such safeguards as wili allow Business Associate to provide the Services while respecting and maintaining the safeguards. 9. Sponsor Certification. The Plan will require that the Plan Sponsor certify that it has agreed to the obligations set forth in Section III.D below and that the Plan documents have been amended to incorporate the condirions to which the Plan Sponsor has agreed. 10. Limitation on Plan Requests of Business Associate. Except to the extent pemutted under Section III.B above, the Plan shall not ask Business Associate to use or disclose PHI in a manner that would not otherwise be permitted under the Privacy Rule if done by the Plan. D. ObliPations of the Plan Soonsor. 1. Prohibition on Employment-Related Uses and Disclosures. The Plan Sponsor shall not use or disclose the PHI of any Participant or Beneficiary for employment-related purposes or in connection with any other benefit plan of the Plan Sponsor. Page 5 of 8 Exhibil C- North Carolina - BA Adde~um 9/201 I