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DHHS Effective 8/1/13 3 <br /> <br />2) Business Associate obtains reasonable assurances from the person to whom the <br />information is disclosed that it will remain confidential and will be used or <br />further disclosed only as Required By Law or for the purpose for which it was <br />disclosed to the person, and the person notifies the Business Associate of any <br />instances of which it is aware in which the confidentiality of the information <br />has been breached. <br />c. Except as otherwise limited in this Agreement or by other applicable law or <br />agreements, if the Contract permits, Business Associate may use Protected Health <br />Information to provide data aggregation services to Covered Entity as permitted by <br />45 C.F.R. § 164.504(e)(2)(i)(B). <br />d. Notwithstanding the foregoing provisions, Business Associate may not use or <br />disclose Protected Health Information if the use or disclosure would violate any term <br />of the Contract or other applicable law or agreements. <br />5. TERM AND TERMINATION <br />a. Term. This Agreement shall be effective as of the effective date stated above and <br />shall terminate when the Contract terminates. <br />b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by <br />Business Associate, Covered Entity may, at its option: <br />1) Provide an opportunity for Business Associate to cure the breach or end the <br />violation, and terminate this Agreement and services provided by Business <br />Associate, to the extent permissible by law, if Business Associate does not cure <br />the breach or end the violation within the time specified by Covered Entity; <br />2) Immediately terminate this Agreement and services provided by Business <br />Associate, to the extent permissible by law; or <br />3) If neither termination nor cure is feasible, report the violation to the Secretary <br />as provided in the Privacy Rule. <br />c. Effect of Termination. <br />1) Except as provided in paragraph (2) of this section or in the Contract or by <br />other applicable law or agreements, or applicable local, state, and/or federal <br />records retention and disposition schedules, upon termination of this <br />Agreement and services provided by Business Associate, for any reason, <br />Business Associate shall return or destroy all Protected Health Information <br />received from Covered Entity, or created or received by Business Associate on <br />behalf of Covered Entity. This provision shall apply to Protected Health <br />Information that is in the possession of subcontractors or agents of Business <br />Associate. Business Associate shall retain no copies of the Protected Health <br />Information. <br />2) In the event that Business Associate determines that returning or destroying <br />the Protected Health Information is not feasible, Business Associate shall <br />provide to Covered Entity notification of the conditions that make return or <br />destruction not feasible. Business Associate shall extend the protections of this <br />Agreement to such Protected Health Information and limit further uses and <br />disclosures of such Protected Health Information to those purposes that make <br />the return or destruction infeasible, for so long as Business Associate maintains <br />such Protected Health Information. <br /> <br />6. GENERAL TERMS AND CONDITIONS <br />a. This Agreement amends and is part of the Contract. <br />DocuSign Envelope ID: 615869A9-088D-4507-968B-D5BE76D27429