Agenda - 04-12-2005-5c - Laserfiche WebLink

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