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Lutheran Family Services in the Carolinas <br />4. PERMITTED USES AND DISCLOSURES <br />a. Except as otherwise litnited 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 Entity; or <br />2) would not violate the minimum necessary policies and procedures of the <br />Covered Entity. <br />b. Except as otherwise litnited in this Agreement or by other applicable law or <br />agreements, if the Contract permits, Business Associate may use Protected Health <br />Infortation as necessary for the proper management and administration of the <br />Business Associate or 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 as Required By Law or for the purpose for which it was <br />disclosed to the person, and the person notifies the Business Associate of any <br />instances of which it is aware in which the confidentiality 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 164.504(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 />5. TERM AND TERMINATION <br />a. Term. This Agreement shall be effective as of the effective date stated above and <br />shall terminate when the Contract terminates. <br />b. Termination for 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 Buainess 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 Business Associate does not cure <br />the breach or end the violation within the time specified by Covered Entity; <br />Contract-HIPAA (06/04) ~ L~ Page 3 of 4 <br />