Business Associate Agreement Page 8
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10c.
If neither termination nor cure is feasible, the County's HIPAA Privacy
Official shall report the violation to the Secretary of HHS.
Effect of Termination
5.3
Upon completion or termination of the Agreement, Business Associate agrees, at
County’s option, to return to the County or destroy all PHI gathered, created,
received or processed pursuant to the Agreement. No PHI related to the
Agreement will be retained by Business Associate, or a contractor,
subcontractor, or other agent of Business Associate, unless retention is required
by law and specifically permitted in writing by the County.
5.4
In the event that returning or destroying PHI is infeasible, Business Associate
shall provide to the County a written statement that it is infeasible to return or
destroy the PHI and describe the conditions that make return or destruction of
the PHI infeasible.
Under that circumstance, Business Associate shall extend
the protections of this BAA to the PHI retained and limit further uses and
disclosures of such PHI to those purposes that make return or destruction
infeasible, for so long as Business Associate maintains the PHI, in which case
Business Associate’s obligations under this Section shall survive termination of
this BAA.
Section 6: Miscellaneous
6.1
Amendment. The County and Business Associate shall take such action as is
necessary to amend this BAA for the County to comply with the requirements of
HIPAA Laws or other applicable law.
6.2
Interpretation. Any ambiguity in this BAA shall be resolved to permit the County
to comply with HIPAA Laws.
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Parent category: Business