Business Associate Agreement Page 7
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10to the use and disclosure of PHI received from the County or created or received
on behalf of the County available to the County or to the Secretary of HHS or its
designee within five (5) business days of request for the purposes of determining
the Business Associate's compliance with HIPAA Laws.
Section 4: Obligations of the County
4.1
The County shall notify Business Associate of any limitations in its notice of
privacy practices in accordance with 45 CFR § 164.520, to the extent that such
limitation may affect the Business Associate's use of PHI.
4.2
The County shall notify Business Associate of any changes in, or revocation of,
permission by an individual to use or disclose PHI, to the extent that such
changes may affect Business Associate's use of PHI.
4.3
The County shall notify Business Associate of any restriction to the use or
disclosure of PHI to which the County has agreed in accordance with 45 CFR §
164.522, to the extent that such changes may affect Business Associate's use of
PHI.
4.4
The County shall not request Business Associate to use or disclose PHI in any
manner that would not be permissible under the HIPAA Laws if done by the
County.
Section 5: Term and Termination
Term
5.1
The term of this BAA shall be effective upon execution by all Parties, and shall
terminate upon the latter of termination or expiration of the Agreement, or the
return or destruction of all PHI within the possession or control of the Business
Associate as a result of the Agreement.
Termination
5.2
Upon the County's knowledge of a material breach of this BAA by Business
Associate, the County shall either:
a.
Provide an opportunity for Business Associate to cure the breach or
terminate this BAA and the Agreement if the Business Associate does not
cure the breach within the time specified by the County;
b.
Immediately terminate this BAA and the Agreement if Business Associate
has breached a material term of this BAA and a cure is not possible; or
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Parent category: Business