Business Associate Agreement (Page 7 of 8) in pdf

6.2

Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business

Associate, Covered Entity shall either:

(a)

Provide an opportunity for Business Associate to cure the breach or end the violation and

terminate the Agreement and/or this BA Contract if Business Associate does not cure the

breach or end the violation within the time specified by Covered Entity;

(b)

Immediately terminate the Agreement and/or this BA Contract if Business Associate has

breached a material term of this BA Contract and cure is not possible; or

(c)

If neither termination nor cure are feasible, Covered Entity shall report the violation to the

Secretary.

6.3

Effect of Termination.

(a)

Except as provided in paragraph (b) of this section, upon termination of this BA Contract,

for any reason, Business Associate shall return or destroy all Protected Health

Information received from Covered Entity, or created or received by Business Associate

on behalf of Covered Entity. This provision shall apply to Protected Health Information

that is in the possession of subcontractors or agents of Business Associate. Business

Associate shall retain no copies of the Protected Health Information.

(b)

In the event that Business Associate determines that returning or destroying the

Protected Health Information is infeasible, Business Associate shall provide to Covered

Entity notification of the conditions that make return or destruction infeasible. Upon

notifying Covered Entity that return or destruction of Protected Health Information is

infeasible, Business Associate shall extend the protections of this BA Contract to such

Protected Health Information and limit further uses and disclosures of such Protected

Health Information to those purposes that make the return or destruction infeasible, for so

long as Business Associate maintains such Protected Health Information.

VII.

Miscellaneous

7.1

Regulatory References. A reference in this BA Contract to a section in the Privacy Rule or the

Security Rule means the section as in effect or as amended.

7.2

Amendment. The Parties agree to take such action as is necessary to amend this Agreement

from time to time as is necessary for Covered Entity and/or Business Associate to comply with

the requirements of the Privacy Rule, and, the Security Rule and any other provision of HIPAA.

7.3

Survival. The respective rights and obligations of Business Associate under Section 6.3 of this

BA Contract shall survive the termination of this BA Contract.

7.4

Interpretation. Any ambiguity in this BA Contract shall be resolved to permit Covered Entity

and/or Business Associate to comply with HIPAA.

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Page 7 of 8

Business Associate Agreement Page 7

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