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L • <br /> 4 - <br /> Contract#68-2012 <br /> CNC/Access,Inc.d/b/a ResCare HomeCare <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 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 /> 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 />