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2004-05-12 CC Meeting
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2004-05-12 CC Meeting
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<br />to respond to a request by an Individual for an accounting of . . <br />disclosures of PHI in accordance with 45 C.F.R ~ 164.528. <br /> <br />2. Permitted Uses and Disclosures by the Business Associate <br /> <br />(a) Except as otherwise permitted in this Business Associate Agreement, <br />the Business Associate may use or disclose PHI to perform the <br />functions, activities or services for, or on behalf of the Covered <br />Entity, in a manner consistent w;ith providing the administrative <br />services for Covered Entity's self.insured employee welfare benefit <br />plan, or as otherwise authorized by the Covered Entity, provided <br />that such use or disclosure would not violate the Privacy Standards <br />if done by the Covered Entity. <br /> <br />(b) Except as otherwise limited in this Business Associate Agreement, <br />the Business Associate may: <br /> <br />(i) Use PHI for the proper management and administration of the <br />Business Associate or to carry out the legal responsibilities of the <br />Business Associate; and <br /> <br />(ii) Disclose PHI for the proper management and administration of <br />the Business Associate or to carry out the' legal responsibilities of <br />the Business Associate, provided that disclosures are required by <br />law, or the Business Associate obtains reasonable assurances from <br />the person to whom the information is disclosed that it will remain <br />confidential and will be used or further disclosed only as required <br />by law or for the purpose for which it was disclosed to the person, <br />and the person notifies the Business Associate of any instances of <br />which it is aware in which the confidentiality of the information has <br />been breached. <br /> <br />3. Obligations ofthe Covered Entity <br /> <br />The covered entity will not request the Business Associate to use or disclose <br />PHI in any manner that would not be permissible under the Privacy Standards <br />if done by the Covered Entity, except as set forth in subsection 2(b) above. <br /> <br />4. Term and Termination <br /> <br />(a) Term. The term of this Business Associate Agreement wiU begin as <br />of the Effective Date and will terminate when aU of the PHI <br />provided by the Covered Entity to the Business Associate, or <br />created or received by the Business Associate on behalf of the <br />Covered Entity, is destroyed or returned to the Covered Entity, or, <br />
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