Orange County NC Website
6 <br />July 2024 <br /> (a) Notice of Privacy Practices. Covered Entity shall provide Business Associate with the <br />Notice of Privacy Practices that Covered Entity produces in accordance with 45 CFR 164.520, as well as <br />any changes to that notice. <br /> <br /> (b) Notice of Changes in Individual’s Access or Protected Health Information. Covered Entity <br />shall provide Business Associate with any changes in, or revocation of, permission by an Individual to use <br />or disclose Protected Health Information, if such changes affect Business Associate’s permitted or required <br />uses. <br /> <br /> (c) Notice of Restriction in Individual’s Access to Protected Health Information. Covered <br />Entity shall notify Business Associate of any restrictions to the use or disclosure of Protected Health <br />Information that Covered Entity has agreed in accordance with 45 CFR 164.522 to the extent that such <br />restriction may affect Business Associate’s use of Protected Health Information. <br /> <br />VI. PERMISSABLE REQUESTS BY COVERED ENTITY <br /> <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 HIPAA <br />Rules. <br /> <br />VII. TERMINATION <br /> <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 /> <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 violated or will violate any material term of this <br />Agreement. Upon Covered Entity’s knowledge of a material breach by Business Associate, Covered Entity <br />may provide an opportunity for Business Associate to cure the breach or end the violation. Covered Entity <br />may terminate this Agreement and the Service Agreement if Business Associate does not cure the breach <br />or end the violation within the time period specified by Covered Entity. Covered Entity may report the <br />violation to the Department of Health and Human Services. <br /> <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 /> <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 /> <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 />Docusign Envelope ID: 1CF66486-1DB7-491A-9655-4FEEFEFF6BEE <br />In Process <br />Docusign Envelope ID: 990FE6D3-EA62-4090-A5F1-B27674BBDED5