Common use of OBLIGATIONS AND ACTIVITIES OF INTERMEDIARY AS BUSINESS ASSOCIATE Clause in Contracts

OBLIGATIONS AND ACTIVITIES OF INTERMEDIARY AS BUSINESS ASSOCIATE. 6 1. INTERMEDIARY agrees not to use or disclose PHI other than as permitted or required by 7 this Agreement or as required by law. 8 2. INTERMEDIARY agrees to use appropriate safeguards to prevent use or disclosure of PHI 9 other than as provided for by this Agreement. 10 3. INTERMEDIARY agrees to mitigate, to the extent practicable, any harmful effect that is 11 known to INTERMEDIARY of a use or disclosure of PHI by INTERMEDIARY in violation of the 12 requirements of this Agreement. 13 4. INTERMEDIARY agrees to report to COUNTY within five (5) business days any use or 14 disclosure of PHI not provided for by this Agreement of which INTERMEDIARY becomes aware. 15 5. INTERMEDIARY agrees to ensure that any agent, including a subcontractor, to whom it 16 provides PHI received from COUNTY, or PHI created or received by INTERMEDIARY on behalf of 17 COUNTY, agrees to the same restrictions and conditions that apply through this Agreement to 18 INTERMEDIARY with respect of such information. 19 6. INTERMEDIARY agrees to provide access, within fifteen (15) calendar days of receipt of 20 a written request by COUNTY, to PHI in a Designated Record Set, to COUNTY or, as directed by 21 COUNTY, to an Individual in order to meet the requirements under 45 CFR Section 164.524. 22 7. INTERMEDIARY agrees to make any amendment(s) to PHI in a Designated Record Set 23 that COUNTY directs or agrees to pursuant to 45 CFR Section 164.526 at the request of COUNTY or 24 an Individual, within thirty (30) calendar days of receipt of said request by COUNTY.

OBLIGATIONS AND ACTIVITIES OF INTERMEDIARY AS BUSINESS ASSOCIATE. 6 19 1. INTERMEDIARY agrees not to use or disclose PHI other than as permitted or required by 7 20 this Agreement or as required by law. 8 21 2. INTERMEDIARY agrees to use appropriate safeguards to prevent use or disclosure of PHI 9 22 other than as provided for by this Agreement. 10 23 3. INTERMEDIARY agrees to mitigate, to the extent practicable, any harmful effect that is 11 24 known to INTERMEDIARY of a use or disclosure of PHI by INTERMEDIARY in violation of the 12 25 requirements of this Agreement. 13 26 4. INTERMEDIARY agrees to report to COUNTY within five (5) business days any use or 14 27 disclosure of PHI not provided for by this Agreement of which INTERMEDIARY becomes aware. 15 28 5. INTERMEDIARY agrees to ensure that any agent, including a subcontractor, to whom it 16 29 provides PHI received from COUNTY, or PHI created or received by INTERMEDIARY on behalf of 17 30 COUNTY, agrees to the same restrictions and conditions that apply through this Agreement to 18 31 INTERMEDIARY with respect of such information. 19 32 6. INTERMEDIARY agrees to provide access, within fifteen (15) calendar days of receipt of 20 of 33 a written request by COUNTY, to PHI in a Designated Record Set, to COUNTY or, as directed by 21 34 COUNTY, to an Individual in order to meet the requirements under 45 CFR Section 164.524. 22 35 7. INTERMEDIARY agrees to make any amendment(s) to PHI in a Designated Record Set 23 36 that COUNTY directs or agrees to pursuant to 45 CFR Section 164.526 at the request of COUNTY or 24 37 an Individual, within thirty (30) calendar days of receipt of said request by COUNTY. 1 INTERMEDIARY agrees to notify COUNTY in writing no later than ten (10) calendar days after said 2 amendment is completed. 3 8. INTERMEDIARY agrees to make internal practices, books, and records, including 4 policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or 5 received by INTERMEDIARY on behalf of, COUNTY available to COUNTY and the Secretary, in a 6 time and manner as determined by COUNTY, or as designated by the Secretary, for purposes of the 7 Secretary determining COUNTY’s compliance with the Privacy Rule. 8 // 9 // 10 9. INTERMEDIARY agrees to document any disclosures of PHI and make information 11 related to such disclosures available as would be required for COUNTY to respond to a request by an 12 Individual for an accounting of disclosures of PHI in accordance with 45 CFR Section 164.528. 13 10. INTERMEDIARY agrees to provide COUNTY or an Individual, as directed by COUNTY, 14 in a time and manner to be determined by COUNTY, that information collected in accordance with this 15 Agreement, in order to permit COUNTY to respond to a request by an Individual for an accounting of 16 disclosures of PHI in accordance with 45 CFR Section 164.528. 17 11. INTERMEDIARY shall work with COUNTY upon notification by INTERMEDIARY to 18 COUNTY of a Breach to properly determine if any Breach exclusions exist as defined in Subparagraph 19 B.1.c. above.

OBLIGATIONS AND ACTIVITIES OF INTERMEDIARY AS BUSINESS ASSOCIATE. 6 9 1. INTERMEDIARY agrees not to use or disclose PHI other than as permitted or required by 7 10 this Agreement or as required by law. 8 11 2. INTERMEDIARY agrees to use appropriate safeguards to prevent use or disclosure of PHI 9 12 other than as provided for by this Agreement. 10 13 3. INTERMEDIARY agrees to mitigate, to the extent practicable, any harmful effect that is 11 14 known to INTERMEDIARY of a use or disclosure of PHI by INTERMEDIARY in violation of the 12 15 requirements of this Agreement. 13 16 4. INTERMEDIARY agrees to report to COUNTY within five (5) business days any use or 14 17 disclosure of PHI not provided for by this Agreement of which INTERMEDIARY becomes aware. 15 18 5. INTERMEDIARY agrees to ensure that any agent, including a subcontractor, to whom it 16 19 provides PHI received from COUNTY, or PHI created or received by INTERMEDIARY on behalf of 17 20 COUNTY, agrees to the same restrictions and conditions that apply through this Agreement to 18 21 INTERMEDIARY with respect of such information. 19 22 6. INTERMEDIARY agrees to provide access, within fifteen (15) calendar days of receipt of 20 of 23 a written request by COUNTY, to PHI in a Designated Record Set, to COUNTY or, as directed by 21 24 COUNTY, to an Individual in order to meet the requirements under 45 CFR Section 164.524. 22 25 7. INTERMEDIARY agrees to make any amendment(s) to PHI in a Designated Record Set 23 26 that COUNTY directs or agrees to pursuant to 45 CFR Section 164.526 at the request of COUNTY or 24 27 an Individual, within thirty (30) calendar days of receipt of said request by COUNTY.