Business Associate Agreement (Page 4 of 6) in pdf

(c)

perform Data Aggregation for the Health Care Operations of

Covered Entity;

(d)

de-identify any and all PHI created or received by Business

Associate under this B.A. Agreement; provided, however, that the de-

identification conforms to the requirements of the Privacy Rule. Such

resulting de-identified information would not be subject to the terms of

this B.A. Agreement; and

(e)

create a Limited Data Set and use such Limited Data Set

pursuant to a Data Use Agreement that meets the requirements of the

Privacy Rule.

RESPONSIBILITIES OF COVERED ENTITY [Important to

comply with HIPAA]

4.1

With regard to the use and/or disclosure of PHI by Business Associate,

Covered Entity agrees:

(a)

to obtain any consent, authorization or permission that may be

required by the Privacy Rule or applicable state laws and/or regulations

prior to furnishing Business Associate the PHI pertaining to an

individual; and

(b)

that it will inform Business Associate of any PHI that is subject to

any arrangements permitted or required of Covered Entity under the

Privacy Rule that may materially impact in any manner the use and/or

disclosure of PHI by Business Associate under this B.A. Agreement,

including, but not limited to, restrictions on the use and/or disclosure of

PHI as provided for in 45 C.F.R. § 164.522 and agreed to by Covered

Entity.

B.A. AGREEMENT EFFECTIVE DATE

5.1

Each term and condition of this B.A. Agreement shall be effective on the

compliance date applicable to Covered Entity under the Privacy Rule (“B.A.

Effective Date”).

TERM AND TERMINATION [Required provisions]

6.1

Termination by the Covered Entity. Upon Covered Entity’s

determination of a breach of a material term of this B.A. Agreement by

Business Associate, Covered Entity shall provide Business Associate written

notice of that breach in sufficient detail to enable Business Associate to

understand the specific nature of that breach and afford Business Associate

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Business Associate Agreement Page 4