Orange County NC Website
Browse       Search
DocuSign Envelope ID:218BDE7F-0473-4740-91 FB-B8ACB26A75F7 <br /> B Comply with the marketing and other restrictions applicable to Business <br /> Associates contained in HIIECH§ 13406 and the HIPPA Regulations; <br /> C To the extent required under HIIECH § 13404, hilly comply with the applicable <br /> requirements of 45 CPR 164.502(e)(2) for each use and disclosure of Protected <br /> Health Information; <br /> D. To the extent required under HI IECH § 13401, fully comply with 45 CF R §§ <br /> 164 308, 164 310, 164 312, and 164 316; <br /> E Io the extent required under HIIECH §§13401 and 13404, comply with the <br /> additional privacy and security requirements that apply to Covered Entities in the <br /> same manner and to the same extent as Covered Entity is required to do so; and <br /> F To the extent required under the HIPPA Regulations, comply with the privacy <br /> and security requirements that apply to Business Associates. <br /> (m) State Privacy Laws Business Associate shall understand and comply with state privacy <br /> laws to the extent that such privacy laws are not preempted by HIPPA or HIIECH. <br /> III. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE <br /> (a) Use of Protected Health Infbrmation on Behalf'of Coveted Entity Except as otherwise <br /> limited in this Agreement, Business Associate may use or disclose Protected Health Information to <br /> perform functions, activities or services fox; or on behalf of', Covered Entity described in the Service <br /> Agreement,provided that such use or disclosure would not violate the HIPPA Security and Privacy Rule <br /> if'it were made by Covered Entity or would not violate the Covered Entities minimum necessary policies <br /> (b) Other Uses of Protected Health Information Except as otherwise limited in this <br /> Agreement, Business Associate may use Protected Health Information within its workforce for the proper <br /> management and administration of Business Associate not to include Marketing or Commercial Use and <br /> to catty out the legal responsibilities of Business Associate; and <br /> (c) Third Party Confidentiality Except as otherwise limited in this Agreement, Business <br /> Associate may disclose Protected Health Inforrnation for the proper management and administration of <br /> Business Associate or to carry out the legal responsibilities of Business Associate, provided that if <br /> Business Associate discloses any Protected Health Information to a third patty for such purpose, the <br /> Business Associate shall enter into a written agreement with such third party tequiring the following: <br /> A Disclosure only as Required by Law; or <br /> B. Business Associate obtains reasonable assurances from the person to whom the <br /> information is disclosed that the information will remain confidential and will be used or <br /> further disclosed only as Required by Law or for the purpose for which it was disclosed <br /> to the person, and the person notifies Business Associate of arty instances of which it is <br /> aware in which the confidentiality, integrity, and or availability of the Protected Health <br /> Information has been breached immediately upon becoming aware <br /> (d) Business Associate may provide data aggregation services relating to the health care <br /> operations of Covered Entity pursuant to any agreements between the Parties evidencing their business <br /> relationship as permitted by 45 CFR § 164.504(e)(2)(i)(B) <br /> (e) Other Uses Strictly Limited Nothing in this Agreement shall permit the Business <br /> Associate to share Protected Health Information with Business Associate's affiliates or contractors except <br /> 4 <br /> October 2013 <br />