Orange County NC Website
Browse       Search
C. To the extent required under HITECH § 13404, fully comply with the applicable <br /> requirements of 45 CFR 164.502(e)(2) for each use and disclosure of Protected <br /> Health Information; <br /> D. To the extent required under HITECH § 13401, fully comply with 45 CFR §§ <br /> 164.308, 164.310, 164.312, and 164.316; <br /> E. To the extent required under HITECH §§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 and <br /> 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 HITECH. <br /> III. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE <br /> (a) Use of Protected Health Information on Behalf of Covered Entity. Except as otherwise <br /> limited in this Agreement,Business Associate may use or disclose Protected Health Information to perform <br /> functions, activities or services for, or on behalf of, Covered Entity described in the Service Agreement, <br /> provided that such use or disclosure would not violate the HIPPA Security and Privacy Rule if it were made <br /> 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 to <br /> carry 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 Information for the proper management and administration of <br /> Business Associate or to carry out the legal responsibilities of Business Associate,provided that if Business <br /> Associate discloses any Protected Health Information to a third party for such purpose, the Business <br /> Associate shall enter into a written agreement with such third party requiring 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 to <br /> the person,and the person notifies Business Associate of any instances of which it is aware <br /> 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 /> for the purposes of the Service Agreement(s) between the Covered Entity and Business Associate(s) <br /> identified in Section I(a) of this Agreement. <br /> 4 <br /> October 2013 <br />