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Consolidated Ageement -Final <br />i~ <br />2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that <br />it will remain confidential and used or further disclosed only as Required By Law or for the purpose for <br />vrhich it was disclosed to the person, and the person notiftes the Business Associate of any instances of <br />which it is awaze in which the confidentiality of the information has been breached, <br />d. Except as otherwise limited in this Agreement, if the CAAA permits, Business Associate may use Protected <br />Health Information to provide data aggregation services to Covered Entity as permitted by 42 CFR <br />164.504(e)(2)(i)(B). <br />e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health <br />Information if the use or disclosure would violate any term of the CAAA. <br />5. TERM ANA TERMINATION <br />a. Term. The Term of this Agreement shall be effective as of the effective date stated above and shall terminate <br />when the CAAA terminates. <br />b. Termination for Cause. Upon Covered Entit~s knowledge of a material breach by Business Associate, <br />Covered Entity may, at its option: <br />I) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this <br />Agreement if Business Associate does not cure the breach or end the violation within the time specified by <br />Covered Entity; <br />Z) Immediately terminate this Agreement; or <br />3) If neither termination nor cure are feasible, report the violation to the Secretary as provided in the Privacy <br />Rule.. <br />c. Effect of Termination, <br />I) Except as provided in paragraph (2) of this section or in the CAAA, upon termination of this Agreement, <br />for any reason, Business Associate shall return or destroy all Protected Health Information received from <br />Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision <br />shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business <br />Associate., Business Associate shalt retain no copies of the Protected Health Information. <br />2) In the event that Business Associate determines that returning or destroying the Protected Health Information <br />is not feasible, Business Associate shall provide to Covered Entity notification ofthe conditions that make <br />return or destruction not feasible. Business Associate shall extend the protections of this Agreement to such <br />Protected Health Information and limit further uses and disclosures of'such Protected Health Information <br />to those purposes drat make the return or destruction infeasible, for so long as Business Associate maintains <br />such Protected Health Information. <br />3. GENERAL TERMS AND CONDTTIONS <br />a. This Agreement amends and is part of the CAAA. <br />b. Except as provided in this Agreement, all terms and conditions of the CAAA shall remain in force and shall <br />apply to this Agreement as if set forth fully herein.. <br />c. In the event of a conflict in terms between this Agreement and the CAAA, the interpretation that is in <br />accordance with the Privacy Rule shall prevail. Tn the event that a conflict then remains, the CAAA terms shall <br />prevail so long as they are in accordance with the Privacy Rute, <br />