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DHHS Effective 8/1/13 2 <br /> <br />a. Business Associate agrees to not use or disclose Protected Health Information other <br />than as permitted or required by this Agreement or as Required By Law. <br />b. Business Associate agrees to use appropriate safeguards and comply, where <br />applicable, with subpart C of 45 C.F.R. Part 164 with respect to electronic protected <br />health information, to prevent use or disclosure of the Protected Health Information <br />other than as provided for by this Agreement. <br />c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect <br />that is known to Business Associate of a use or disclosure of Protected Health <br />Information by Business Associate in violation of the requirements of this <br />Agreement. <br />d. Business Associate agrees to report to Covered Entity any use or disclosure of the <br />Protected Health Information not provided for by this Agreement of which it <br />becomes aware, including breaches of unsecured protected health information as <br />required by 45 C.F.R. § 164.410. <br />e. Business Associate agrees, in accordance with 45 C.F.R. § 164.502(e)(1) and § <br />164.308(b)(2), to ensure that any subcontractors that create, receive, maintain, or <br />transmit protected health information on behalf of Business Associate agree to the <br />same restrictions and conditions that apply to Business Associate with respect to <br />such information. <br />f. Business Associate agrees to make available protected health information as <br />necessary to satisfy Covered Entity’s obligations in accordance with 45 C.F.R. § <br />164.524. <br />g. Business Associate agrees to make available Protected Health Information for <br />amendment and incorporate any amendment(s) to Protected Health Information in <br />accordance with 45 C.F.R. § 164.526. <br />h. Unless otherwise prohibited by law, Business Associate agrees to make internal <br />practices, books, and records relating to the use and disclosure of Protected Health <br />Information received from, or created or received by Business Associate on behalf of, <br />Covered Entity available to the Secretary for purposes of the Secretary determining <br />Covered Entity's compliance with the Privacy Rule. <br />i. Business Associate agrees to make available the information required to provide an <br />accounting of disclosures of Protected Health Information in accordance with 45 <br />C.F.R. § 164.528, <br />4. PERMITTED USES AND DISCLOSURES <br />a. Except as otherwise limited in this Agreement or by other applicable law or <br />agreement, if the Contract permits, Business Associate may use or disclose <br />Protected Health Information to perform functions, activities, or services for, or on <br />behalf of, Covered Entity as specified in the Contract, provided that such use or <br />disclosure: <br />1) would not violate the Privacy Rule if done by Covered Entity; or <br />2) would not violate the minimum necessary policies and procedures of the <br />Covered Entity. <br />b. Except as otherwise limited in this Agreement or by other applicable law or <br />agreements, if the Contract permits, Business Associate may disclose Protected <br />Health Information for the proper management and administration of the Business <br />Associate or to carry out the legal responsibilities of the Business Associate, <br />provided that: <br />1) the disclosures are Required By Law; or <br />DocuSign Envelope ID: 615869A9-088D-4507-968B-D5BE76D27429