Orange County NC Website
Browse       Search
<br />6 <br /> <br />12. Availability of Books and Records. Business Associate will make available its internal <br />practices, books, agreements, records, and policies and procedures relating to the use and <br />disclosure of PHI, upon request, to the Secretary of HHS for purposes of determining Covered <br />Entity’s and Business Associate’s compliance with HIPAA, and this BAA. <br />13. Responsibilities of Covered Entity. With regard to the use and/or disclosure of Protected <br />Health Information by Business Associate, Covered Entity agrees to: <br />A. Notify Business Associate of any limitation(s) in its notice of privacy practices in accordance <br />with 45 CFR §164.520, to the extent that such limitation may affect Business Associate’s use <br />or disclosure of PHI. <br />B. Notify Business Associate of any changes in, or revocation of, permission by an Individual to <br />use or disclose Protected Health Information, to the extent that such changes may affect <br />Business Associate’s use or disclosure of PHI. <br />C. Notify Business Associate of any restriction to the use or disclosure of PHI that Covered <br />Entity has agreed to in accordance with 45 CFR §164.522, to the extent that such restriction <br />may affect Business Associate’s use or disclosure of PHI. <br />D. Except for data aggregation or management and administrative activities of Business <br />Associate, Covered Entity shall not request Business Associate to use or disclose PHI in any <br />manner that would not be permissible under HIPAA if done by Covered Entity. <br />14. Data Ownership. Business Associate’s data stewardship does not confer data ownership rights <br />on Business Associate with respect to any data shared with it under the Agreement, including <br />any and all forms thereof. <br />15. Term and Termination. <br />A. This BAA will become effective on the date first written above, and will continue in effect <br />until all obligations of the Parties have been met under the Agreement and under this BAA. <br />B. Covered Entity may terminate immediately this BAA, the Agreement, and any other related <br />agreements if Covered Entity makes a determination that Business Associate has breached a <br />material term of this BAA and Business Associate has failed to cure that material breach, to <br />Covered Entity’s reasonable satisfaction, within 30 days after written notice from Covered <br />Entity. Covered Entity may report the problem to the Secretary of HHS if termination is not <br />feasible. <br />C. If Business Associate determines that Covered Entity has breached a material term of this <br />BAA, then Business Associate will provide Covered Entity with written notice of the <br />existence of the breach and shall provide Covered Entity with 30 days to cure the breach. <br />Covered Entity’s failure to cure the breach within the 30 -day period will be grounds for <br />immediate termination of the Agreement and this BAA by Business Associate. Business <br />Associate may report the breach to HHS. <br />D. Upon termination of the Agreement or this BAA for any reason, all PHI maintained by <br />Business Associate will be returned to Covered Entity or destroyed by Business Associate. <br />Docusign Envelope ID: 570451FC-66D7-4F0D-A133-FD52C5F42668Docusign Envelope ID: 2F0A6F2B-A88D-43A2-97AA-4CF0CF9C3EE6