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Contract#68-2012 <br /> CNC/Access,Inc.d/b/a ResCare HomeCare <br /> f. "Required By Law"shall have the same meaning as the term"required by law"in 45 <br /> CFR 164.103. <br /> g. "Secretary"shall mean the Secretary of the United States Department of Health and <br /> Human Services or his designee. <br /> h. "Security Incident"shall have the same meaning as the term"security incident"in 45 <br /> CFR 164.304. <br /> i. Unless otherwise defined in this Agreement,terms used herein shall have the same <br /> meaning as those terms have in the Privacy and Security Rules. <br /> 3. OBLIGATIONS OF BUSINESS ASSOCIATE <br /> a. Business Associate agrees to not use or disclose electronic protected health information <br /> or other protected health information other than as permitted or required by this <br /> Agreement or as required by law. <br /> b. Business Associate agrees to implement administrative,physical,and technical <br /> safeguards that reasonably and appropriately protect the confidentiality, integrity,and <br /> availability of the electronic protected health information and other protected health <br /> information that it creates, receives,maintains,or transmits on behalf of Covered Entity, <br /> as required by the Privacy and Security Rules. <br /> c. Business Associate agrees to mitigate,to the extent practicable,any harmful effect that is <br /> known to Business Associate of a use or disclosure of electronic protected health <br /> information or other protected health information by Business Associate in violation of <br /> the requirements of this Agreement. <br /> d. Business Associate agrees to report to Covered Entity(i)any use or disclosure of <br /> electronic protected health information or other protected health information not provided <br /> for by this Agreement of which it becomes aware and(ii)any security incident of which <br /> it becomes aware. <br /> e. Business Associate agrees to ensure that any agent, including a subcontractor,to whom it <br /> provides electronic protected health information and/or other protected health <br /> information received from,or created or received by Business Associate on behalf of <br /> Covered Entity(i)agrees to be bound by the same restrictions and conditions that apply <br /> through this Agreement to Business Associate with respect to such information,and(ii) <br /> agrees to implement reasonable and appropriate safeguards to protect such information. <br /> f. Business Associate agrees to provide access,at the request of Covered Entity,to <br /> electronic protected health information and other protected health information in a <br /> Designated Record Set to Covered Entity or,as directed by Covered Entity,to an <br /> individual in order to meet the requirements under 45 CFR 164.524. <br /> g. Business Associate agrees,at the request of Covered Entity,to make any amendment(s) <br /> to electronic protected health information and other protected health information in a <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 practices, <br /> books,and records,including policies and procedures concerning electronic protected <br /> health information and other protected health information,relating to the use and <br /> 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 /> Covered Entity available to the Covered Entity,or to the Secretary, in a time and manner <br /> Contract-Scope of Work(07/08) Page 2of 5 <br />