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25 <br />an employee or individual acting under the authority of Covered Entity or <br />Business Associate and in the scope of the employment or relationship <br />between the employee or individual and Covered Entity or Business <br />Associate, provided such information is not further acquired, accessed, <br />used, or disclosed by any person without authorization; (2) any inadvertent <br />disclosure by an individual who is authorized to access Protected Health <br />Information at Covered Entity’s or Business Associate’s facility to another <br />similarly situated individual at the same facility, provided such information <br />is not further acquired, accessed, used, or disclosed by any person without <br />authorization; and (3) a disclosure of Protected Health Information in a <br />situation in which Business Associate has a good faith belief that the <br />person(s) to which the unauthorized disclosure was made would not <br />reasonably have been able to retain such information. <br />D. Business Associate – means Benefit Extras, Inc., a person described in <br />45 C.F.R. Section 160.103 who performs certain functions on behalf of a <br />Covered Entity. <br />E. Covered Electronic Transactions – shall have the meaning given to the <br />term “transaction” in 45 C.F.R. Section 160.103. <br />F. Covered Entity – means the Plan, an entity described in 45 C.F.R. Section <br />160.103. <br />G. Covered Individual – means a person who is eligible for payment of <br />certain services or supplies rendered or sold to the person or the person’s <br />eligible dependents under the terms, conditions, limitations, and exclusions <br />of the Plan. <br />H. Data Aggregation – means, with respect to Protected Health Information <br />created or received by Business Associate in its capacity as a business <br />associate (as that term is defined in 45 C.F.R. Section 160.103) of the Plan, <br />the combining of such Protected Health Information by Business Associate <br />with the Protected Health Information received by Business Associate in its <br />capacity as a business associate of another covered entity (as those terms <br />are defined in 45 C.F.R. Section 160.103), to permit data analyses that <br />relate to the health care operations of the respective covered entities. <br />I. Designated Record Set – means a group of records maintained by or for <br />Covered Entity that is (1) the medical records and billing records about <br />Individuals maintained by or for a covered health care provider, (2) the <br />enrollment, payment, claims adjudication, and case or medical <br />management record systems maintained by or for Covered Entity, or (3) <br />used, in whole or in part, by or for Covered Entity to make decisions about <br />Individuals. As used herein, the term “Record” means any item, collection,