Common use of Business Associate agrees to Clause in Contracts

Business Associate agrees to. 2.1.1. Not use or disclose Protected Health Information other than as permitted or required by the Agreement or as required by law; 2.1.2. Develop, implement, maintain, use and document appropriate safeguards that will protect the confidentiality, integrity, and availability of the electronic Protected Health Information, comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, and prevent use or disclosure of Protected Health Information, other than as permitted by this Agreement; 2.1.3. Report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware and/or any Security Incident of which it becomes aware in accordance with Section 2.2, below; 2.1.4. Mitigate, to the extent practicable, any known harmful effect of its use or disclosure of Protected Health Information in violation of the requirements of this Agreement; 2.1.5. Enter into a written agreement with any agents, including subcontractors, that create, receive, maintain, or transmit Protected Health Information on its behalf, in which such agents agree to the same restrictions, conditions, and requirements that apply to the Business Associate under this Agreement with respect to such Protected Health Information; 2.1.6. Make available to the Covered Entity Protected Health Information in a Designated Record Set as necessary to satisfy Covered Entity’s obligations under 45 CFR § 164.524. If Business Associate receives a request directly from an Individual or the Individual’s designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the Parties to coordinate a response. 2.1.7. Make any amendment(s) to Protected Health Information in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR § 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR § 164.526. If Business Associate receives a request directly from an Individual or the Individual’s designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the Parties to coordinate a response; 2.1.8. Maintain and make available the information required to provide an Accounting of Disclosures to the Covered Entity or Individual as necessary to satisfy Covered Entity’s obligations under 45 CFR § 164.528; provided that if Business Associate receives a request directly from an Individual or the Individual’s designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the Parties to coordinate a response; 2.1.9. In the event Business Associate receives a subpoena, court or administrative order or other discovery request or mandate for release of Protected Health Information, respond as permitted by 45 CFR §§ 164.512(e) and (f). If not prohibited by applicable law, Business Associate shall notify Covered Entity of the request as soon as administratively feasible. 2.1.10. If designated to perform Covered Entity’s obligation(s) under 45 CFR Part 164, comply with the applicable HIPAA Rules requirements related to such obligation(s). 2.1.11. Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules; and 2.1.12. Ensure that, to the extent it is electronically transmitting Transactions for Covered Entity, the format and structure of such transmissions shall comply with the Standards for Electronic Transactions set forth in 45 CFR § Parts 160 and 162.