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Agenda - 06-12-2007-4l
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Agenda - 06-12-2007-4l
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Last modified
8/29/2008 3:54:02 PM
Creation date
8/28/2008 11:58:17 AM
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BOCC
Date
6/12/2007
Document Type
Agenda
Agenda Item
4l
Document Relationships
2008-059 Health - Chapel Hill Training & Outreach for Dental Services for Head Start (2)
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2008
Minutes - 20070612
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
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<br />(vi) mitigate, to the extent practicable, any harmful effect that is known to Business <br />Associate of a use or disclosure of protected health information by Business Associate in violation <br />of the requirements of this Agreement. <br />(b) Notwithstanding the prohibitions set forth in this Agreement or the Arrangement <br />Agreement, Business Associate may use and disclose protected health information <br />as follows: <br />(i) if necessary, for the proper management and administration of Business <br />Associate or to carry out the legal responsibilities of Business Associate, provided that as to any <br />such disclosure, the following requirements are met: <br />(A) the disclosure is required by law; or <br />(B) Business Associate obtains reasonable assurances from the person to <br />whom the information is disclosed that it will be held confidentially and used or further <br />disclosed only as required by law or for the purpose for which it was disclosed to the <br />person, and the person notifies Business Associate of any instances of which it is aware <br />in which the confidentiality of the information has been breached; <br />(ii) for data aggregation services, if such services are to be provided by Business <br />Associate for the health care operations of Covered Entity pursuant to any agreements between <br />the Parties evidencing their business relationship. <br />III. AVAILABILITY OF PROTECTED HEALTH INFORMATION <br />Business Associate shall: <br />(a) at the request of Covered Entity, provide access to protected health information in a designated <br />record set to Covered Entity or, as directed by Covered Entity, to an individual, in a time and manner sufficient to <br />permit Covered Entity to comply with the requirements of 45 CFR 164.524. <br />(b) at the request of Covered Entity or an individual, make any amendment(s) to protected health <br />information in a designated record set that are directed by or agreed to by Covered Entity, in a time and manner <br />sufficient to permit Covered Entity to comply with the requirements of 45 CFR 164.526. <br />(c) document disclosures of protected health information and information related to such disclosures <br />in a manner sufficient to permit Covered Entity to respond to a request by an individual for an accounting of <br />disclosures of protected health information in accordance with 45 CFR 164.528 and provide such documentation <br />to Covered Entity or an individual as directed by Covered Entity. <br />IV. TERMINATION <br />(a) Term: This Agreement terminates when the Arrangement Agreement terminates or as provided <br />in Paragraph IV.b. below (termination for cause). <br />(b) Termination for cause: Upon Covered Entity's knowledge of a material breach by Business <br />Associate, Covered Entity shall either: <br />(i) provide an opportunity for Business Associate to cure the breach or end the <br />violation or, if Business Associate does not cure the breach or end the violation within the time <br />specified by Covered Entity, terminate this Agreement and the Arrangement Agreement; or <br />(ii) immediately terminate this Agreement and the Arrangement Agreement if <br />Business Associate has breached a material term of this Agreement and cure is not possible. <br />(c) Return or destruction of protected health information: At termination of this Agreement, the <br />Arrangement Agreement (or any similar documentation of the business relationship of the Parties), or upon <br />request of Covered Entity, whichever occurs first, Business Associate shall: <br />
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