Business Associate Agreement Page 3

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g.
Business Associate agrees to provide an appropriate Individual with access to PHI in a
Designated Record Set in the manner required of Covered Entity pursuant to the
requirements of 45 CFR §164.524.
h.
Business Associate agrees to allow an appropriate Individual to make amendment(s) to
PHI in a Designated Record Set in the manner required of Covered Entity pursuant to the
requirements of 45 CFR §164.526.
i.
Business Associate agrees to make its internal practices, books, and records (including
PHI pertaining to Covered Entity) available to the Secretary for purposes of determining
Covered Entity's compliance with the Privacy Rule.
j.
Business Associate agrees to document disclosures of PHI and information related to
these disclosures so it or Covered Entity may respond to requests by Individuals for an
accounting of disclosures of PHI pursuant to the requirements of 45 CFR §164.528.
k.
Business Associate agrees to provide PHI in the possession or control of Business
Associate to appropriate Individuals in order to respond to requests for an accounting of
disclosures of PHI pursuant to the requirements of 45 CFR §164.528.
l.
Business Associate’s responses to requests for action with respect to PHI described in this
Section II shall be completed in a manner which complies with the timeliness
requirements contained in the Privacy Rules.
m.
Business Associate agrees to notify Covered Entity if there is a breach of unsecure PHI
pursuant to the requirements of 45 CFR § § 164.410.
III.
PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE
a.
General Use and Disclosure Provisions. Except as otherwise limited in this Agreement,
Business Associate may use or disclose PHI pertaining to Covered Entity for the purposes
set forth in the parties’ service agreement, if the use or disclosure would not violate the
Privacy Rule if done by Covered Entity or violate the minimum necessary policies and
procedures of Covered Entity.
b.
Specific Use and Disclosure Provisions:
(i)
Except as otherwise limited in this Agreement, Business Associate may use PHI
for its own proper management and administration or to carry out its legal
responsibilities, provided the disclosures are Required By Law or the Business
Associate obtains reasonable assurances from the person to whom the information
is disclosed that it will remain confidential and will be used or further disclosed
only as Required By Law or for the purpose for which it was disclosed to the
person, and the person notifies the Business Associate of any instances of which it
is aware in which the confidentiality of the information has been breached.
4. BUSINESS ASSOC AGRMT IDICTATE AND QUICKTATE
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