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Contract # <br />(Contiacfor) <br />4, PERMITTED USES AND DISCLOSURES <br />a. Except as otherwise limited in this Agreement or by other applicable. law or <br />agreement, if the Contract permits, Business Associate may use or. disclose <br />Protected Health Information to perform functions, activities, or services for, or on <br />behalf of, Covered Entity as specified in the Contract, provided that such use or <br />disclosure: <br />1) would not violate the Privacy Rule if done by Covered Entiity; or <br />2) would not violate the minimum necessary. policies and procedures of the <br />Covered Entity. <br />b.. Except as otherwise limited iri this Agreement or . by other applicable law or <br />agreements, if the Contract permits, Business Associate may tzae Protected health <br />Information as necessary for the proper management and administration of the <br />.Business Associate ar to carry out the legal responsibilities of the Business <br />Associate. <br />c. Except as otherwise limited in this Agreement or by other applicable law or <br />agreements, if the Contract permits; Business Associate may disclose Protected <br />Health Information for, the proper management and administration of the Business <br />Associate, provided that: <br />1) disclosures are Required By Law; or <br />2) Business Associate obtains reasonable assurances from. the person to whom the <br />information is disclosed that it will remain confidential and will be used or <br />further disclosed only ae Required By Law or for the purpose for which it was <br />disclosed to the person, and the person notifies the Businose Associate of any <br />instances of which it is aware in which the confidentialitq of the information <br />has been breached. <br />d. Except as otherwise limited in this Agreement or by other applicable law .or <br />agreements, if the Contract permits, Business Associate may use Protected Health <br />Information to provide data aggregation services to Covered Entity as permitted by <br />45 CFR 164.13Q4(e)(2)(i)(B). <br />e. Notwithstanding the foregoing provisions, Business Associate may not use or <br />disclose Protected Health Information if the use or disclosure would violate any term <br />of the Contract or other applicable law or agreements. <br />IS. TERM AND TERMINATIQN <br />a. Term. This Agreement shall be effective as of the effective date stated above and <br />shall terminate when the Contract terminator. <br />b. Termination fpr Cause. Upon Covered Entity's knowledge of a material breach by <br />Business Associate, Covered Entity may, at its option: <br />1) Provide an opportunity for Business Associate to cure the breach or end the <br />violation, and terminate this Agreement and services provided by Business <br />Associate, to the extent permissible by law, if Buainesa Associate does not cure <br />the breach or end the violation within the time specified by Covered Entity; <br />F~~1 ~ Page3of4 <br />Contract-HIPAA (06/04) <br />