Fillable Business Associate Agreement (Page 6 of 8) in pdf

Business Associate Agreement Page 6

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Material Breach, Enforcement and Termination.

a. Term. This Agreement shall be effective as of the Agreement Effective Date, and

shall continue until the Agreement is terminated in accordance with the provisions of

Section 7.b. [or the

Agreement between the parties terminates]

b. Termination. CE may terminate this Agreement:

(1) immediately if BA is named as a defendant in a criminal proceeding for a

violation of HIPAA or the HIPAA Regulations;

(2) immediately if a finding or stipulation that BA has violated any standard or

requirement of HIPAA or other security or privacy laws is made in any

administrative or civil proceeding in which BA has been joined; or

(3) pursuant to Sections 7.c. or 8.b. of this Agreement.

c. Remedies. If CE determines that BA has breached or violated a material term of this

Agreement, CE may, at its option, pursue any and all of the following remedies:

(1) exercise any of its rights of access and inspection under Section 5.f. of this

Agreement;

(2) take any other reasonable steps that CE, in its sole discretion, shall deem

necessary to cure such breach or end such violation; and/or

(3) terminate this Agreement immediately.

d. Knowledge of Non-Compliance. Any non-compliance by BA with this Agreement or

with HIPAA or the HIPAA Regulations automatically will be considered a breach or

violation of a material term of this Agreement if BA knew or reasonably should have

known of such non-compliance and failed to immediately take reasonable steps to cure

the non-compliance.

e. Reporting to United States Department of Health and Human Services. If CE’s

efforts to cure any breach or end any violation are unsuccessful, and if termination of this

Agreement is not feasible, CE shall report BA’s breach or violation to the Secretary of

HHS, and BA agrees that it shall not have or make any claim(s), whether at law, in

equity, or under this Agreement, against CE with respect to such report(s).

f. Return or Destruction of Records. Upon termination of this Agreement for any

reason, BA shall return or destroy, as specified by CE, all PHI that BA still maintains in

any form, and shall retain no copies of such PHI. If CE, in its sole discretion, requires

that BA destroy any or all PHI, BA shall certify to CE that the PHI has been destroyed.

If return or destruction is not feasible, BA shall inform CE of the reason it is not feasible

and shall continue to extend the protections of this Agreement to such information and

limit further use and disclosure of such PHI to those purposes that make the return or

destruction of such PHI infeasible.

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9100767.3

Business Associate Agreement Page 6

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