Orange County NC Website
Browse       Search
VL PERMISSABLE REQUESTS BY COVERED ENTITY <br /> Requests Permissible Under HIPAA. Covered Entity shall not request Business Associate to use <br /> or disclose Protected Health Information in any manner that would not be permissible under the Privacy or <br /> Security Rule. <br /> VII. TERMINATION <br /> (a) Term. This Agreement shall be effective as of the date first set forth above and shall <br /> terminate upon the earlier of (i) the termination of all agreements between the parties, and (ii) the <br /> termination by Covered Entity for cause as provided herein. <br /> (b) Termination for Cause. Notwithstanding anything in this Agreement to the contrary, <br /> Covered Entity shall have the right to terminate this Agreement and the Service Agreement immediately if <br /> Covered Entity determines that Business Associate has or will violated any material term of this Agreement. <br /> Upon Covered Entity's knowledge of a material breach by Business Associate,Covered Entity shall provide <br /> an opportunity for Business Associate to cure the breach or end the violation. Covered Entity may terminate <br /> this Agreement if Business Associate does not cure the breach or end the violation within the time period <br /> specified by Covered Entity. If termination,cure or end of the violation is not feasible,Covered Entity may <br /> report the violation to the Secretary. <br /> (c) Obligation of Business Associate Upon Termination. At termination of this Agreement, <br /> the Service Agreement(or any similar documentation of the business relationship of the Parties), or upon <br /> request of Covered Entity,whichever occurs first,Business Associate,shall: <br /> A. if feasible,return(in a manner or process approved by the Covered Entity)or destroy <br /> all Protected Health Information,regardless of form,including but not limited to paper <br /> or electronic format,received from Covered Entity,or created,maintained or received <br /> by Business Associate on behalf of Covered Entity. Business Associate shall retain no <br /> copies of the Protected Health Information. This provision shall also apply to Protected <br /> Health Information and other confidential information in the possession of sub- <br /> contractors or agents of Business Associate. <br /> B. If such return or destruction is not feasible,Business Associate shall(i)retain only that <br /> Protected Health Information necessary for Business Associate to continue its proper <br /> management and administration or to carry out its legal responsibilities; (ii)return or <br /> destroy the remaining Protected Health Information that the Business Associate still <br /> maintains in any form; (iii) extend the protections of this Agreement to the retained <br /> Protected Health Information; (iv)limit further uses and disclosures to those purposes <br /> that make the return or destruction of the Protected Health Information not feasible; <br /> and(v)return or destroy the retained Protected Health Information when it is no longer <br /> needed by Business Associate. <br /> (d) Survival. This paragraph shall survive the termination of this Agreement and shall apply <br /> to Protected Health Information created, maintained, or received by Business Associate and any of its <br /> subcontractors. <br /> VIII. MISCELLANEOUS <br /> (a) Indemnification. Business Associate agrees to indemnify, defend, and hold harmless <br /> Covered Entity, its officers,agents, contractors and agents,against, and in respect of, any and all claims, <br /> losses,expenses,costs,damages,obligations,penalties,and liabilities which Covered Entity may incur by <br /> reason of Business Associate's breach of or failure to perform any its obligations pursuant to this <br /> Agreement, including but not limited to any injury or damages arising from any noncompliance with this <br /> 6 <br /> October 2013 <br />