Common use of Obligations When Acting as Covered Entity Clause in Contracts

Obligations When Acting as Covered Entity. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under 45 Part 164, Subpart E, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligations. Agents and Subcontractors. As required by 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), Business Associate shall enter into a written agreement with all Subcontractors to whom it provides Protected Health Information, which agreement shall include and require that such Subcontractor comply with the same restrictions, conditions, and obligations that apply under this BAA to Business Associate with respect to such Protected Health Information. Business Associate shall also require all agents to whom it provides PHI to comply with the same restrictions, conditions and obligations that apply under this BAA to Business Associate with respect to such PHI. If Business Associate becomes aware of a pattern or practice of activity of an agent or Subcontractor that would constitute a material breach or violation of the written agreement between Business Associate and such agent or Subcontractor, Business Associate shall take reasonable steps to cure such breach or terminate such written agreement or arrangement with such agent or Subcontractor. Business Associate must report to Covered Entity all suspected breaches made by agents and Subcontractors within ten (10) business days of discovering the possible breach. Business Associate is obligated to have in place reasonable and effective methods to monitor agent and subcontractor compliance with this BAA.