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

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2. Permitted Uses and Disclosures. The Plan Sponsor shall only use or disclose the PHI of any Participant or Beneficiary as permitted or required by the Plan documents, the Privacy Rule, this Addendum, or as Required by Law. 3. Obligation to Report. The Plan Sponsor shall report to the Plan and Business Associate any use or disclosure of PHI of which it becomes aware that is inconsistent with the uses and disclosures permitted under Section III.D.2 above. 4. Cooperation for Plan Compliance. T'he Plan Sponsor shall make its internal practices, books, and records relating to the use and disclosure of PHI received from Business Associate or the Plan available to the Secretary for determining the Plan's compliance with the Privacy Rule. 5. Return of Pffi. The Plan Sponsor shall return, if feasible, all PHI received from the Plan or Business Associate when the PHI is no longer needed for the purpose(s) for which it was disclosed. 6. Amend Plan Documents. The Plan Sponsor shall amend or cause to be amended the Plan documents to (a) identify the pernutted and required uses and disclosures of PHI by the Plan Sponsor, (b) identify those of its employees or classes of employees to whom PHI may be disclosed for purposes of payment and health care operations in the normal course of Plan operarions, (c) restrict the Plan administrative functions performed by the Plan Sponsor to those employees and classes of employees identified in the Plan documents, and (d) establish an effective mechanism for resolving any instances of non-compliance with the permitted uses and disclosures by those employees and classes of employees identified in the Plan documents as being allowed to access PHI. 7. Individual Rights. The Plan Sponsor shall ensure all Participants and Beneficiaries the right to access, request amendments, and receive accounrings of disclosure of their own PHI maintained by the Plan. 8. Certification. The Plan Sponsor will certify to the Plan and Business Associate that it has fulfilled all of the obligarions set forth in Sections III.D.1-7 above. E. Security. The Parties shall work together in good faith to cooperate with each other's current and future security policies and procedures to ensure the integrity, confidentiality, and availability of PHI in a manner that complies with HIPAA and the Security Rule, as amended from time to time. F. Record Keeping. Business Associate agrees to implement an appropriate record keeping process to enable it to comply with the HIPAA requirements applicable to it under this Addendum and the Privacy Rule. G. Confidential and Proprietary Information. Business Associate may receive, create, or have access to confidenrial and/or proprietary information of the Plan Sponsor conceming its business affairs, property, products, operations, computer systems, and strategies. Business Associate agrees to hold such confidential and/or proprietary information in strict confidence, to maintain and safeguard the confidentiality of such informarion, and to use such information solely to perform the Services as required by this Agreement. Likewise, the Plan Sponsor or the Plan may receive, create, or have access to confidential and/or proprietary information of Business Associate conceming its business affairs, property, operations, computer systems, dentists, providers, and strategies. The Plan Sponsor and the Plan agree to hold such confidential and/or proprietary information in strict confidence, to maintain and safeguard the confidentiality of such information, and to use such information solely to perform their obligations as required by this Agreement. H. Amendment. Upon enactment of any law or regulation affecting the use or disclosure of PHI, or the publication of any decision of a court of the State or the United States relaring to any such law, or the publication of any interpretative policy or opinion of any government agency charged with the enforcement of any such law or regulation, Business Associate, by written notice to the Plan and the Plan Sponsor, may amend the Agreement and/or this Addendum in such manner as Business Associate detemvnes necessary to comply with such law or regulation, and the Plan and the Plan Sponsor agree to be bound by such amendment, unless within thirty (30) days of the Plan's and the Plan Sponsor's receipt of notice of such amendment the Plan and the Plan Sponsor notify Business Associate that they reject such amendment. Upon receipt of such notice of rejection, Business Associate may terminate the Agreement immediately upon written notice to the Plan and the Plan Sponsor. Page 6 of 8 Bxhibi~ C- North Carolina - BA Adde~dum 9/201 I