2019-842 Health - Walgreens drug dispense

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Wldyww" 4 . 3 . Notify BA , in writing and in a timely manner, of any restriction to the use and / or disclosure of PHI to which Covered Entity is required , or has agreed in accordance with 45 C . F . R . § 164 . 522 to the extent such restriction may affect BA ' s use or disclosure of PHI ; 4 . 4 . Have entered into a " Business Associate Agreement " , as required by 45 C . F . R . § 164 . 502 ( e ) with any third parties to which Covered Entity directs and authorizes BA to disclose PHI ; and 4 . 5 . Only disclose to BA the minimum necessary PHI for BA to provide the Services to Covered Entity . 5 . Term . This Addendum shall become effective on the effective date of the Underlying Agreement and shall expire when all of the PHI provided by Covered Entity to BA is destroyed or returned to Covered Entity pursuant to Section 7 . 6 . Termination . Notwithstanding any other provision under the Underlying Agreement , the parties agree that this Addendum may be terminated without penalty at any time by either party if the other party violates a material obligation under this Addendum , provided , however, the other party is afforded thirty ( 30 ) days opportunity to cure the breach and the other party does not cure the breach or end the violation within said thirty ( 30 ) days . If the parties mutually agree that cure is not possible , this Addendum shall terminate immediately . 7 . Return or Destruction of PHI . Upon termination or expiration of this Addendum , BA shall return to Covered Entity any and all PHI received from , or created by BA on behalf of, Covered Entity that is maintained by BA in any form whatsoever, including any copies or replicas . If returning the PHI to Covered Entity is not feasible , BA shall destroy any and all PHI maintained by BA in any form whatsoever, including any copies or replicas . Should the return or destruction of the PHI be determined by BA to be not feasible , the parties agree that the terms of this Addendum shall extend to the PHI , and any further use or disclosure of the PHI by BA shall be limited to that purpose which renders the return or destruction of the PHI infeasible . 8 . Amendment to Comply with Law . The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Addendum may be required to provide for procedures to ensure compliance with such developments . The parties agree to take such action as is necessary to comply with the standards and requirements of the HIPAA Rules and other applicable laws relating to the security or confidentiality of PHI . Upon either party' s request due to a change in the law , the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this Addendum . 9 . Independent Contractors . In the performance of the Services and the obligations under this Addendum , the parties acknowledge and agree that each party is at all times acting and performing as an independent contractor and at no time shall the relationship between the parties be construed as a partnership , joint venture , employment, principal / agent, or master/servant relationship . 10 . Interpretation . Any ambiguity in this Addendum shall be resolved in favor of a meaning that permits Covered Entity and BA to comply with the HIPAA Rules . The provisions of this Addendum shall prevail over any provisions in the Underlying Agreement between the parties that may conflict or appear inconsistent with any provision of this Addendum . 23 of 24 MAT- 63397 OrangeCountyHD - WAG 340B 10312019 ( be ) V1 . 0 © 2019 Walgreen Co . All rights reserved .