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Business Contract Template 1

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Business Contract Template 1 Page 2
Business Contract Template 1
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1. DEFINITIONS [Required provisions]
1.1 Unless otherwise specified in this B.A. Agreement, all capitalized terms
used in this B.A. Agreement not otherwise defined have the meaning
established for purposes of Title 45 parts 160 and 164 of the United States Code
of Federal Regulations, as amended from time to time.
1.2 “PHI” shall mean Protected Health Information, as defined in 45 C.F.R.
§ 164.501, limited to the information received from or created or received on
behalf of Covered Entity.
2. RESPONSIBILITIES OF BUSINESS ASSOCIATE [Required
provisions]
2.1 Except as otherwise specified herein, Business Associate may make any
and all uses and disclosures of PHI necessary to perform [OPTION 1 its
obligations under the Underlying Agreement.] [OPTION 2 the functions and
provide the services set forth above.] With regard to its use and/or disclosure of
PHI, Business Associate agrees to:
(a) use and/or disclose PHI only as permitted or required by this B.A.
Agreement or required by law;
(b) use appropriate safeguards to prevent use or disclosure of PHI
other than as permitted or required by this B.A. Agreement;
(c) report to Covered Entity any use or disclosure of PHI of which it
becomes aware that is not permitted or required by this B.A.
Agreement;
(d) require all its subcontractors and agents that create, receive, use,
disclose or have access to PHI to agree, in writing, to the same
restrictions and conditions on the use and/or disclosure of PHI that
apply to Business Associate;
(e) make available its internal practices, books, and records relating
to the use and disclosure of PHI to the Secretary of the Department of
Health and Human Services (“HHS”) for purposes of determining
Covered Entity’s compliance with the Privacy Rule;
(f) within __ days [Must be less than 60 days] of receiving a
written request from Covered Entity, make available information
necessary for Covered Entity to make an accounting of disclosures of
PHI about an individual; and
Business Contract Template 1