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03-09-26-R
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03-09-26-R
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30 <br />the Plan, Including communications about the entities participating in a <br />health care provider network or health plan network, replacement of, or <br />enhancements to, the Plan, and health-related products or services available <br />only to Covered Individuals that add value to, but are not part of, the Plan; <br />(ii) for treatment of the Covered Individual; or (iii) for case management or <br />care coordination for the Covered Individual, or to direct or recommend <br />alternative treatments, therapies, health care providers, or settings of care <br />to the Covered Individual. Notwithstanding the foregoing, Business Associate <br />may use or disclose Protected Health Information regarding a Covered <br />Individual with respect to a communication about a product or service that <br />encourages recipients of the communication to purchase or use the product <br />or service if the communication relates to a prescription drug that is currently <br />being prescribed for a Covered Individual and any financial remuneration <br />received by Covered Entity in exchange for making the communication is <br />reasonably related to Covered Entity’s cost of making the communication. <br />This Paragraph III.B.8 shall apply to disclosures of Protected Health <br />Information occurring on or after the compliance date applicable under the <br />final regulations issued under HITECH that address this restriction. <br />C. Limitations on Business Associate’s Uses and Disclosures. With <br />respect to Protected Health Information that Business Associate creates, <br />receives, maintains, or transmits on behalf of Covered Entity, Business <br />Associate will not use or further disclose the Protected Health Information <br />other than as permitted or required by this Business Associate Agreement <br />(including, but not limited to, any restrictions described in Section III.E.4) <br />or as Required by Law. <br />D. Additional Obligations of Business Associate. Except as otherwise <br />specified in this Business Associate Agreement, the provisions of this <br />Paragraph III.D. apply only to Protected Health Information that Business <br />Associate creates, receives, maintains, or transmits on behalf of Covered <br />Entity. <br />1. Safeguards. Business Associate will use appropriate safeguards to <br />prevent the improper use of, disclosure of, and tampering with Protected <br />Health Information and to reasonably and appropriately protect the <br />confidentiality, integrity, and availability of the Protected Health Information. <br />2. Reporting and Mitigation. Business Associate will report to Covered <br />Entity any acquisition, access, use, or disclosure of Protected Health <br />Information of which Business Associate becomes aware, or that is reported <br />to Business Associate by an agent or Subcontractor, that is in violation of <br />this Business Associate Agreement. Such report shall be made within ten <br />(10) business days of its discovery (as that term is defined in 45 C.F.R. <br />Section 164.410(a)(2)) by Business Associate. Business Associate agrees to
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