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4 <br />October 2013 <br />B. Comply with the marketing and other restrictions applicable to Business <br />Associates contained in HITECH § 13406 and the HIPAA Regulations; <br /> <br />C. To the extent required under HITECH § 13404, fully comply with the applicable <br />requirements of 45 CFR 164.502(e)(2) for each use and disclosure of Protected <br />Health Information; <br /> <br />D. To the extent required under HITECH § 13401, fully comply with 45 CFR §§ <br />164.308, 164.310, 164.312, and 164.316; <br /> <br />E. To the extent required under HITECH §§13401 and 13404, comply with the <br />additional privacy and security requirements that apply to Covered Entities in the <br />same manner and to the same extent as Covered Entity is required to do so; and <br /> <br />F. To the extent required under the HIPAA Regulations, comply with the privacy <br />and security requirements that apply to Business Associates. <br /> <br />(m) State Privacy Laws. Business Associate shall understand and comply with state privacy <br />laws to the extent that such privacy laws are not preempted by HIPAA or HITECH. <br /> <br />III. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE <br /> <br />(a) Use of Protected Health Information on Behalf of Covered Entity. Except as otherwise <br />limited in this Agreement, Business Associate may use or disclose Protected Health Information to <br />perform functions, activities or services for, or on behalf of, Covered Entity described in the Service <br />Agreement, provided that such use or disclosure would not violate the HIPAA Security and Privacy Rule <br />if it were made by Covered Entity or would not violate the Covered Entities minimum necessary policies. <br /> <br />(b) Other Uses of Protected Health Information. Except as otherwise limited in this <br />Agreement, Business Associate may use Protected Health Information within its workforce for the proper <br />management and administration of Business Associate not to include Marketing or Commercial Use and <br />to carry out the legal responsibilities of Business Associate; and <br /> <br />(c) Third Party Confidentiality. Except as otherwise limited in this Agreement, Business <br />Associate may disclose Protected Health Information for the proper management and administration of <br />Business Associate or to carry out the legal responsibilities of Business Associate, provided that if <br />Business Associate discloses any Protected Health Information to a third party for such purpose, the <br />Business Associate shall enter into a written agreement with such third party requiring the following: <br /> <br />A. Disclosure only as Required by Law; or <br /> <br />B. Business Associate obtains reasonable assurances from the person to whom the <br />information is disclosed that the information will remain confidential and will be used or <br />further disclosed only as Required by Law or for the purpose for which it was disclosed <br />to the person, and the person notifies Business Associate of any instances of which it is <br />aware in which the confidentiality, integrity, and or availability of the Protected Health <br />Information has been breached immediately upon becoming aware. <br /> <br />(d) Business Associate may provide data aggregation services relating to the health care <br />operations of Covered Entity pursuant to any agreements between the Parties evidencing their business <br />relationship as permitted by 45 CFR § 164.504(e)(2)(i)(B). <br /> <br />(e) Other Uses Strictly Limited. Nothing in this Agreement shall permit the Business <br />Associate to share Protected Health Information with Business Associate’s affiliates or contractors except <br />DocuSign Envelope ID: 4FFFED91-4A5A-4883-B178-C047B083A2FF