BUSINESS ASSOCIATE TERMINATION Sample Clauses

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this MOU, the MOU shall only terminate when all of the PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, is destroyed or returned to COUNTY, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Subparagraph. 2. In addition to the rights and remedies provided in the Termination paragraph of this Agreement, upon COUNTY’s knowledge of a material breach by CFCOC of the requirements of this Paragraph, COUNTY shall either: a. Provide an opportunity for CFCOC to cure the material breach or end the violation and terminate this MOU if CFCOC does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this MOU if CFCOC has breached a material term of this MOU and cure is not possible; or c. If neither termination nor cure is feasible, COUNTY shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Agreement, all PHI provided by COUNTY to CFCOC, or created or received by CFCOC on behalf of COUNTY, shall either be destroyed or returned to COUNTY as provided in the Termination paragraph of this Agreement, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subCFCOCs or agents of CFCOC. b. CFCOC shall retain no copies of the PHI. c. In the event that CFCOC determines that returning or destroying the PHI is infeasible, CFCOC shall provide to COUNTY notification of the conditions that make return or destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, CFCOC shall extend the protections of this MOU 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 CFCOC maintains such PHI.

BUSINESS ASSOCIATE TERMINATION. 8.01 Upon CITY'S knowledge of a material breach or violation by CONTRACTOR of the requirements of this Contract, CITY shall: 8.01.1 Provide an opportunity for CONTRACTOR to cure the material breach or end the violation within thirty (30) business days; or 8.01.2 Immediately terminate the Agreement, if CONTRACTOR is unwilling or unable to cure the material breach or end the violation within (30) days, provided termination of the Agreement is feasible. 8.02 Upon termination of the Agreement, CONTRACTOR shall either destroy or return to CITY all PHI CONTRACTOR received from CITY and any and all PHI that CONTRACTOR created, maintained, or received on behalf of CITY in conformity with the HIPAA Privacy Rule. 8.02.1 This provision shall apply to all PHI that is in the possession of subcontractors or agents of CONTRACTOR. 8.02.2 CONTRACTOR shall retain no copies of the PHI. 8.02.3 In the event that CONTRACTOR determines that returning or destroying the PHI is not feasible, CONTRACTOR shall provide to CITY notification of the conditions that make return or destruction infeasible. Upon determination by CITY that return or destruction of PHI is infeasible, CONTRACTOR shall extend the protections of this Agreement to the PHI and limit further Uses and Disclosures of the PHI to those purposes that make the return or destruction infeasible, for as long as CONTRACTOR maintains the PHI. 8.03 The obligations of this Agreement shall survive the termination of the Agreement.

BUSINESS ASSOCIATE TERMINATION a. Upon County’s knowledge of a material breach or violation by Contractor of the requirements of this Business Associate Contract, County shall: 1) Provide an opportunity for Contractor to cure the material breach or end the violation within thirty (30) business days; or 2) Have the discretion to unilaterally and immediately terminate the Contract, if Contractor is unwilling or unable to cure the material breach or end the violation within

BUSINESS ASSOCIATE TERMINATION. 16 1. Upon COUNTY’s knowledge of a material Breach or violation by CONTRACTOR of the 17 requirements of this Business Associate Contract, COUNTY shall: 18 a. Provide an opportunity for CONTRACTOR to cure the material Breach or end the 19 violation within thirty (30) business days; or 20 b. Immediately terminate the Agreement, if CONTRACTOR is unwilling or unable to 21 cure the material Breach or end the violation within thirty (30) days, provided termination of the 22 Agreement is feasible. 23 2. Upon termination of the Agreement, CONTRACTOR shall either destroy or return to 24 COUNTY all PHI CONTRACTOR received from COUNTY or CONTRACTOR created, maintained, 25 or received on behalf of COUNTY in conformity with the HIPAA Privacy Rule. 26 a. This provision shall apply to all PHI that is in the possession of Subcontractors or 27 agents of CONTRACTOR. 28 b. CONTRACTOR shall retain no copies of the PHI. 29 c. In the event that CONTRACTOR determines that returning or destroying the PHI is not 30 feasible, CONTRACTOR shall provide to COUNTY notification of the conditions that make return or 31 destruction infeasible. Upon determination by COUNTY that return or destruction of PHI is infeasible, 32 CONTRACTOR shall extend the protections of this Business Associate Contract to such PHI and limit 33 further Uses and Disclosures of such PHI to those purposes that make the return or destruction 34 infeasible, for as long as CONTRACTOR maintains such PHI. 35 3. The obligations of this Business Associate Contract shall survive the termination of the 36 Agreement. 37 // 1 EXHIBIT C 2 TO AGREEMENT FOR PROVISION OF 3 FISCAL INTERMEDIARY SERVICES 4 BETWEEN 5 COUNTY OF ORANGE 6 AND 7 ADVANCED MEDICAL MANAGEMENT, INC. 8 JULY 1, 2015 THROUGH JUNE 30, 2016 9

BUSINESS ASSOCIATE TERMINATION. 1. Notwithstanding the Termination provisions set forth in this Contract, the Contract shall only terminate when all of the PHI provided by County to Contractor, or created or received by Contractor on behalf of County, is destroyed or returned to County, or if infeasible to return or destroy PHI, protections are extended to such information, in accordance with the Termination provisions of this Section. 2. In addition to the rights and remedies provided in the Termination paragraph of this Contract, upon County’s knowledge of a material breach by Contractor of the requirements of this paragraph, County shall either: a. Provide an opportunity for Contractor to cure the material breach or end the violation and terminate this Contract if Contractor does not cure the material breach or end the violation within thirty (30) business days; or b. Immediately terminate this Contract if Contractor has breached a material term of this Contract and cure is not possible; or c. If neither termination nor cure is feasible, County shall report the violation to the Secretary of the Department of Health and Human Services. 3. Upon termination of this Contract, all PHI provided by County to Contractor, or created or received by Contractor on behalf of County, shall either be destroyed or returned to County as provided in the Termination paragraph of this Contract, and in conformity with the Privacy Rule. a. This provision shall apply to PHI that is in the possession of subcontractors or agents of County of Orange Health Care Agency 26 MA-042-1201060414010576 Contractor. b. Contractor shall retain no copies of the PHI. c. In the event that Contractor determines that returning or destroying the PHI is infeasible, Contractor shall provide to County notification of the conditions that make return or destruction infeasible. Upon determination by County that return or destruction of PHI is infeasible, Contractor shall extend the protections of this Contract 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 Contractor maintains such PHI.

BUSINESS ASSOCIATE TERMINATION a. Upon County’s knowledge of a material breach or violation by Contractor of the requirements of this Business Associate Agreement, County shall: 1) Provide an opportunity for Contractor to cure the material breach or end the violation within thirty (30) business days; or 2) Immediately terminate the Agreement, if Contractor is unwilling or unable to cure the material breach or end the violation within (30) calendar days, provided termination of the Agreement is feasible. b. Upon termination of the Agreement, Contractor shall either destroy or return to County all PHI Contractor received from County or Contractor created, maintained, or received on behalf of County in conformity with the HIPAA Privacy Rule. 1) This provision shall apply to all PHI that is in the possession of Subcontractors or agents of Contractor. 2) Contractor shall retain no copies of the PHI. 3) In the event that Contractor determines that returning or destroying the PHI is not feasible, Contractor shall provide to County notification of the conditions that make return or destruction infeasible. Upon determination by County that return or destruction of PHI is infeasible, Contractor shall extend the protections of this Business Associate Agreement to such PHI and limit further Uses and Disclosures of such PHI to those purposes that make the return or destruction infeasible, for as long as Contractor maintains such PHI. c. The obligations of this Business Associate Agreement shall survive the termination of the Contract. 1. Contractor agrees that it is a Qualified Service Organization to the County within the meaning of 42 Code of Federal Regulations sections 2.11 and 2.12. 2. Contractor acknowledges that in receiving, storing, processing or otherwise dealing with any patient records from County or through performing its obligations per this contract the programs, Contractor is fully bound by 42 Code of Federal Regulations Part 2 and analogous state laws. 3. Contractor further agrees that if necessary, it will resist in judicial proceedings any efforts to obtain access to patient records except as permitted by 42 Code of Regulations Part 2.

BUSINESS ASSOCIATE TERMINATION. 16 1. Upon COUNTY’s knowledge of a material Breach or violation by CONTRACTOR of the 18 a. Provide an opportunity for CONTRACTOR to cure the material Breach or end the 20 b. Immediately terminate the Agreement, if CONTRACTOR is unwilling or unable to cure 23 2. Upon termination of the Agreement, CONTRACTOR shall either destroy or return to 26 a. This provision shall apply to all PHI that is in the possession of Subcontractors or agents 28 b. CONTRACTOR shall retain no copies of the PHI. 29 c. In the event that CONTRACTOR determines that returning or destroying the PHI is not

BUSINESS ASSOCIATE TERMINATION. 1. In addition to the rights and remedies provided in the Termination paragraph of this Contract, upon County’s knowledge of any material breach by Contractor of the requirements of this attachment C to the Contract, County shall: a Provide an opportunity for Contractor to cure the breach or end the violation and terminate this Contract if Contractor does not cure the breach or end the violation within thirty (30) days; or b Immediately terminate this Contract if Contractor has breached a material term of this Contract and cure is not possible; or c If neither termination nor cure is feasible, County shall report the violation to the Secretary of the Department of Health and Human Services. Upon termination of this Contract, all PHI provided by County to Contractor, or created or received by Contractor on behalf of County, shall either be destroyed or returned to County at County’s sole discretion, and in conformity with the Privacy Rule. This provision shall apply to PHI that is in the possession of subcontractors or agents of Contractor. If it is infeasible to return or destroy PHI, Contractor shall extend the protections of this Contract 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 Contractor maintains such PHI. 1. The Parties agree that the terms used, but not otherwise defined below in Paragraph B, shall have the same meaning given to such terms under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 2. The Parties agree that a business associate relationship under HIPAA, the HITECH Act, and the HIPAA regulations between the Contractor and County arises to the extent that Contractor performs, or delegates to subcontractors to perform, functions or activities on behalf of County pursuant to, and as set forth in, the Agreement that are described in the definition of “Business Associate” in 45 CFR § 160.103. 3. The County wishes to disclose to Contractor certain information pursuant to the terms of the Agreement, some of which may constitute Protected Health Information (“PHI”), as defined below in Subparagraph B.10, to be used or disclosed in the course of providing ser...

BUSINESS ASSOCIATE TERMINATION. 1. Upon County’s knowledge of a material breach or violation by Contractor of the requirements of this Business Associate Contract, County shall: a) Provide an opportunity for Contractor to cure the material breach or end the violation within thirty