Laserfiche WebLink
28 <br />the use, disclosure, receipt and/or creation of Protected Health Information. <br />The “business associate” provisions of the Privacy Rule govern the terms <br />and conditions under which the Business Associate may use or disclose <br />Protected Health Information. In general, Business Associate agrees and <br />intends to act such that (1) Covered Entity can fulfill its responsibilities <br />under HIPAA; and (2) Business Associate can fulfill its contractual <br />obligations under this Business Associate Agreement. In addition, Business <br />Associate specifically acknowledges its direct liability for the failure to <br />comply with certain portions of the Privacy Rule as provided under HITECH <br />and the regulations issued thereunder. <br />B. Permitted Uses and Disclosures by Business Associate. <br />1. Except as otherwise limited in this Business Associate Agreement, <br />Business Associate may use or disclose Protected Health Information (i) to <br />perform functions, activities, or services for, or on behalf of, Covered Entity <br />pursuant to any services agreement with the Business Associate, (ii) as <br />permitted or required by this Business Associate Agreement, and (iii) as <br />Required by Law. Business Associate may disclose Protected Health <br />Information to other business associates of Covered Entity, or to business <br />associates of another covered entity that is part of an organized health care <br />arrangement that includes Covered Entity, to the fullest extent allowed under <br />applicable law. <br />2. Except as otherwise limited in this Business Associate Agreement, <br />Business Associate may use Protected Health Information for the proper <br />management and administration of its business and/or to fulfill its legal <br />responsibilities. <br />3. Except as otherwise limited in this Business Associate Agreement, <br />Business Associate may disclose Protected Health Information for the proper <br />management and administration of its business, if: <br />i) the disclosures are Required by Law, or <br />ii) Business Associate obtains reasonable assurances from the <br />person to whom the information is disclosed that the <br />information will be held confidentially and will be used or <br />further disclosed only as Required by Law or for the purpose <br />for which it was disclosed to such person, and the person will <br />notify the Business Associate of any instances of which the <br />person is aware in which the confidentiality of the information <br />has been breached.