Common use of Business Activities of the Business Associate Clause in Contracts

Business Activities of the Business Associate. Unless otherwise limited herein, the Business Associate may use and disclose the Protected Health Information in its possession for its proper management and administration and to fulfill its present or future legal responsibilities provided such uses are permitted under state and federal confidentiality laws. The Business Associate represents to the Covered Entity that (a) any disclosure it makes will be required under applicable laws, or (b) the Business Associate will obtain reasonable written assurances from any person to whom the Protected Health Information will be disclosed that (i) the Protected Health Information will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and (ii) the person will notify the Business Associate within three (3) business days of any instances of which it is aware in which the confidentiality of the Protected Health Information has been breached. The Business Associate will notify the Covered Entity within three (3) business days of any instance of which it is aware in which the confidentiality of the Protected Health Information has been breached.