Common use of Obligations of Business Associate Upon Termination Clause in Contracts

Obligations of Business Associate Upon Termination. Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: (i) Retain only that PHI that is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (ii) Return to Covered Entity (or, if agreed to by Covered Entity, destroy) the remaining PHI that the Business Associate still maintains in any form; (iii) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; (iv) Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at above under “Permitted Uses and Disclosures By Business Associate” that applied prior to termination; and (v) Return to Covered Entity (or, if agreed to by Covered Entity, destroy) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.

Obligations of Business Associate Upon Termination. Upon termination of this Agreement BAA for any reason, Business Associate, with respect to PHI received from Covered Entitythe Plan, or created, maintained, or received by Business Associate on behalf of Covered Entitythe Plan, shall: (i) : 7.3.1 Retain only that PHI that which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (ii) ; 7.3.2 Return to Covered Entity (covered entity or, if agreed to by Covered Entitycovered entity, destroy) destroy the remaining PHI that the Business Associate still maintains in any form; (iii) . If return or destruction is not feasible, Business Associate shall notify Covered Entity. Covered Entity is then required to notify DHCS and DHCS may require additional terms and conditions under which Business Associate may retain the PHI and Business Associate shall agree to such terms; 7.3.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; (iv) ; 7.3.4 Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at above under “Permitted Uses and Disclosures By Business Associate” that section 4 of this BAA which applied prior to termination; and (v) and 7.3.5 Return to Covered Entity (covered entity or, if agreed to by Covered Entitycovered entity, destroy) destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.

Obligations of Business Associate Upon Termination. Upon Except as provided in paragraph (1) below, upon termination of this Agreement for any reason, Business AssociateBUSINESS ASSOCIATE, with respect to PHI received from Covered EntityCOVERED ENTITY, or created, maintained, or received by Business Associate BUSINESS ASSOCIATE on behalf of Covered EntityCOVERED ENTITY, shall: (i) : 1. Retain only that PHI that which is necessary for Business Associate BUSINESS ASSOCIATE to continue its proper management and administration or to carry out its legal responsibilities; (ii) ; 2. Return to Covered Entity (COVERED ENTITY or, if agreed to by Covered EntityCOVERED ENTITY, destroy) destroy the remaining PHI that the Business Associate BUSINESS ASSOCIATE still maintains in any form; (iii) ; 3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate BUSINESS ASSOCIATE retains the PHI; (iv) ; 4. Not use or disclose the PHI retained by Business Associate BUSINESS ASSOCIATE other than for the purposes for which such PHI was retained and subject to the same conditions set out at above under “Permitted Uses and Disclosures By Business Associate” that Subpart E of 45 CFR Part 164 which applied prior to termination; and (v) and 5. Return to Covered Entity (COVERED ENTITY or, if agreed to by Covered EntityCOVERED ENTITY, destroy) destroy the PHI retained by Business Associate BUSINESS ASSOCIATE when it is no longer needed by Business Associate BUSINESS ASSOCIATE for its proper management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.

Obligations of Business Associate Upon Termination. Upon the expiration or termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: (i) : 1. Retain only that PHI that which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (ii) ; 2. Return to Covered Entity (or, if agreed to by Covered Entity, destroy) the remaining or destroy all PHI that the Business Associate still maintains in any form; (iii) Continue , including such information in possession of Business Associate's Subcontractors, and retain no copies, if it is feasible to do so; 3. If return or destruction is not feasible, extend all protections, limitations and restrictions contained in this Agreement to Business Associate's use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to PHI to prevent use or and/or disclosure of the any retained PHI, other than as provided for in this Section, for as long as Business Associate retains and to limit further uses and/or disclosures to only those purposes that make the PHI; (iv) return or destruction of the PHI infeasible; 4. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at forth above in section B under “"Permitted Uses and Disclosures By by Business Associate” that " which applied prior to termination; and (v) . 5. Return to Covered Entity (or, if agreed to by Covered Entity, destroy) or destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity This provision and the breach reporting provisions in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA Section II.A.4 shall survive terminationthe termination or expiration of this Agreement and/or any Underlying Contract.

Obligations of Business Associate Upon Termination. Upon Except as otherwise agreed to in the Underlying Agreement, upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: (i) : 6.3.1 Retain only that PHI that which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (ii) ; 6.3.2 Return to Covered Entity ([or, if agreed to by Covered Entity, destroy) ] the remaining PHI that the Business Associate still maintains in any form; (iii) ; 6.3.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; (iv) ; 6.3.4 Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at above under “Permitted Uses and Disclosures By Business Associate” that in Section II of this Agreement which applied prior to termination; and (v) and 6.3.5 Return to Covered Entity ([or, if agreed to by Covered Entity, destroy) ] the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. If destruction of To the extent PHI held by Business Associate is permitted under this Subsectionnot returned to Covered Entity or destroyed, then Business Associate shall notify Covered Entity in writing that provide reasonable access to such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive terminationto Covered Entity.

Obligations of Business Associate Upon Termination. Upon the expiration or termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: (i) : 1. Retain only that PHI that which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (ii) ; 2. Return to Covered Entity (or, if agreed to by Covered Entity, destroy) the remaining or destroy all PHI that the Business Associate still maintains in any form; (iii) Continue , including such information in possession of Business Associate's Subcontractors, and retain no copies, if it is feasible to do so; 3. If return or destruction is not feasible, extend all protections, limitations and restrictions contained in this Agreement to Business Associate's use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to PHI to prevent use or and/or disclosure of the any retained PHI, other than as provided for in this Section, for as long as Business Associate retains and to limit further uses and/or disclosures to only those purposes that make the PHI; (iv) return or destruction of the PHI infeasible; 4. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at forth above in section B under “"Permitted Uses and Disclosures By by Business Associate” that " which applied prior to termination; and (v) . 5. Return to Covered Entity (or, if agreed to by Covered Entity, destroy) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity This provision and the breach reporting provisions in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA Section II.A.4 shall survive terminationthe termination or expiration of this Agreement and/or any Underlying Contract.

Obligations of Business Associate Upon Termination. (i) Upon termination of this Agreement for any reasonpursuant to this Section 5, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: shall either return or destroy all PHI received from, or created or received by Business Associate on behalf of Covered Entity, that Business Associate still maintains in any form and retain no copies of such PHI. If Covered Entity requests that Business Associate return PHI, PHI shall be returned in a mutually agreed upon format and timeframe, at no additional charge to Covered Entity. (iii) Retain If return or destruction is not feasible, Business Associate shall (1) retain only that PHI that which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (ii2) Return return to Covered Entity (or, if agreed to by Covered Entity, destroy) the remaining PHI that the Business Associate still maintains in any form; (iii3) Continue continue to use appropriate safeguards and comply with Subpart C extend the protections of 45 CFR Part 164 with respect this BAA to the PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI; (iv4) Not use limit further uses and disclosures of such PHI to those purposes that make the return or disclose destruction of the PHI retained by Business Associate other than for the purposes for which such PHI was retained not feasible and subject to the same conditions set out at above under “Permitted Uses and Disclosures By Business Associate” that in this BAA which applied prior to termination; and (v5) Return return to Covered Entity (or, if agreed to by Covered Entity, destroy) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.

Obligations of Business Associate Upon Termination. Upon expiration or termination of this Agreement BAA for any reason, Business Associate, with respect to PHI received from the Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: (i) Retain retain only that PHI that which is necessary for Business Associate to continue its proper internal management and administration or to carry out its legal responsibilities, as approved by the Covered Entity in writing after the Covered Entity has an opportunity to confirm that it is infeasible for Business Associate to return such PHI due to such reasons; (ii) Return return to Covered Entity (or, if agreed to by Covered EntityEntity in writing, destroy) destroy the remaining PHI that the Business Associate and/or any of its Subcontractors still maintains maintain in any form; (iii) Continue continue to use appropriate safeguards and comply with Subpart C of 45 CFR C.F.R. Part 164 with respect to Covered Entity’s electronic PHI to prevent use or disclosure of the such PHI, other than as provided for in this Section, for as long as Business Associate retains any PHI as approved by the PHICovered Entity in writing; (iv) Not not use or disclose the PHI retained by the Business Associate (and ensure that any Subcontractors agree to also not use or disclose) other than for the purposes for which such PHI was retained and subject to the same conditions set out at above under “Permitted Uses forth in this Section 5.3, and Disclosures By Business Associate” that applied prior to terminationin accordance with all protections and restrictions on the use and disclosure of such PHI as contained in this BAA; and (v) Return return to the Covered Entity (or, if agreed to by the Covered EntityEntity in writing, destroydestroy the PHI) the PHI retained by the Business Associate when it is no longer needed by the Business Associate for its proper internal management and administration or to carry out its legal responsibilities. If destruction of PHI is permitted under this Subsection, Business Associate shall notify Covered Entity in writing that such PHI has been destroyed. All other obligations of Business Associate under this BAA shall survive termination.