Hipaa Business Associate Agreement (Page 4 of 5) in pdf

Notice of Privacy Practices. CompBenefits shall provide Business Associate, upon request, with

the notice of privacy practices that CompBenefits produces in accordance with 45 CFR Section 164.520.

Notification of Changes Regarding Individual Permission. CompBenefits shall provide Business

Associate with any changes in, or revocation of, permission by an Individual to use or disclose PHI, if such changes

affect Business Associate’s permitted or required uses and disclosures.

Notification of Restrictions to Use or Disclosure of PHI. CompBenefits shall notify Business

Associate of any restriction to the use or disclosure of PHI that CompBenefits has agreed to in accordance with 45

CFR Section 164.522.

Permissible Requests by CompBenefits.

CompBenefits shall not request Business Associate to use or

disclose PHI in any manner that would not be permissible under the Privacy Rule if done by CompBenefits, except

as permitted pursuant to the provisions of Sections 2(a) and 2(b) of this Agreement.

Term and Termination.

Term. The term of this Agreement shall commence as of the last date of signature below, and

shall terminate when all of the PHI provided by CompBenefits to Business Associate, or created or received by

Business Associate on behalf of CompBenefits, is destroyed or returned to CompBenefits or, if it is infeasible to

return or destroy Protected Health Information, protections are extended to such information, in accordance with the

termination provisions in this Section 6.

Termination for Cause. Upon CompBenefits’ knowledge of a material breach by Business

Associate of this Agreement, CompBenefits shall provide an opportunity for Business Associate to cure the breach

or end the violation within the time specified by CompBenefits, or immediately terminate this Agreement and all

other agreements by and between CompBenefits and Business Associate if Business Associate has breached a

material term of this Agreement and cure is not possible.

Effect of Termination.

(i)

Except as provided in paragraph (ii) of this Section 6(c), upon termination of the

Agreement for any reason, Business Associate shall return or destroy all PHI received from CompBenefits, or

created or received by Business Associate on behalf of CompBenefits. This provision shall apply to PHI that is in

the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the

PHI.

(ii)

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

infeasible, Business Associate shall provide to CompBenefits notification of the conditions that make return or

destruction infeasible. Upon mutual agreement of the parties that return or destruction of PHI is infeasible, Business

Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such

PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains

such PHI.

Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as

in effect or as amended, and for which compliance is required.

Amendment. The parties agree to take such action as is necessary to amend this Agreement from time to

time as is necessary for CompBenefits to comply with the requirements of the Privacy Rule and HIPAA.

Survival. The respective rights and obligations of Business Associate under Section 6(c) of this Agreement

shall survive the termination of this Agreement.

10.

No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall

anything herein confer, upon any person other than CompBenefits, Business Associate and their respective

successors or assigns, any rights, remedies, obligations or liabilities whatsoever.

11.

Effect on Agreement. Except as specifically required to implement the purposes of this Agreement, or to

the extent inconsistent with this Agreement, all other terms of any other agreement by and between CompBenefits

and Business Associate shall remain in force and effect.

BizAssoc.HIPAA-Agreement

Hipaa Business Associate Agreement Page 4

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