DUTIES OF COVERED ENTITY a. If applicable, Covered Entity shall provide the Business Associate with a copy of its policies and procedures implementing the Privacy Rule, including the Notice of Privacy Practices.
b. Covered Entity shall notify Business Associate of any limitation(s) in Covered Entity’s Notice of Privacy Practices in accordance with 45 CFR § 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI.
c. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI, within a reasonable period of time after Covered Entity becomes aware of such changes to or revocation of permission.
d. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to or must comply with in accordance with 45 CFR § 164.522 and HITECH § 13405(a), 42 USC § 17935(a), to the extent that such restriction may affect Business Associate's use or disclosure of PHI.
e. Covered Entity will not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity.
DUTIES OF COVERED ENTITY. [All of the following are optional.]
4.1 CE shall not agree to any restrictions on the use or disclosure of PHI that might adversely affect Business Associate’s ability to perform the services described above.
4.2 Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR §164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.
4.3 Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.
4.4 Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR §164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.
4.5 CE shall not request that Business Associate use or disclose PHI in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity [if added referenced options above: “, except for those activities described in 3.4 above.”]
DUTIES OF COVERED ENTITY. Covered Entity agrees to comply in all respects with HIPAA when Using or Disclosing Protected Health Information including:
a. Provide Business Associate with any changes in, or revocation of, permission by Individual to Use or Disclose Protected Health Information, if such changes affect Business Associate’s permitted or required Uses and Disclosures;
b. Notify Business Associate of any restriction to the Use or Disclosure of Protected Health Information that Covered Entity has agreed to in accordance with HIPAA; and
c. Not request Business Associate to Use or Disclose Protected Health Information in any manner that would not be permissible under HIPAA if done by Covered Entity, unless such Use or Disclosure is included in the Services to be performed pursuant to this Agreement and is for data aggregation or management and administrative activities of Business Associate.
DUTIES OF COVERED ENTITY. Covered entity shall not agree to any restrictions on the use or disclosure of PHI that might
