Laserfiche WebLink
Master Contract No. 902012 <br />Procurement Contract No. 24823 <br />Exhibit E <br />Page 5 of 7 <br /> <br /> <br /> <br />L. De-Identification of PHI. Unless otherwise agreed to in writing by both parties, Business Associate <br />and its agents shall not have the right to de-identify the PHI. Any such de-identification shall be in <br />compliance with 45 C.F.R. sections 164.502(d) and 164.514(a) and (b). <br /> <br />M. Material Contractual Breach. Business Associate understands and agrees that, in accordance with <br />the HITECH Act and the HIPAA Regulations, it will be held to the same standards as Covered Entity <br />to rectify a pattern of activity or practice that constitutes a material Contractual Breach or violation <br />of the HIPAA Regulations. Business Associate further understands and agrees that: (i) it will also be <br />subject to the same penalties as a Covered Entity for any violation of the HIPAA Regulations, and (ii) <br />it will be subject to periodic audits by the Secretary. <br /> <br />VI. INDIVIDUAL CONTROL OVER PHI <br /> <br />A. Individual Access to PHI. Business Associate agrees to make available PHI in a Designated Record Set <br />to an Individual or Individual’s designee, as necessary to satisfy Covered Entity’s obligations under <br />45 C.F.R. section 164.524. Business Associate shall do so solely by way of coordination with Covered <br />Entity, and in the time and manner designated by Covered Entity. <br /> <br />B. Accounting of Disclosures. Business Associate agrees to maintain and make available the information <br />required to provide an accounting of Disclosures to an Individual as necessary to satisfy Covered <br />Entity’s obligations under 45 C.F.R. section 164.528. Business Associate shall do so solely by way of <br />coordination with Covered Entity, and in the time and manner designated by Covered Entity. <br /> <br />C. Amendment to PHI. Business Associate agrees to make any amendment(s) to PHI in a Designated <br />Record Set as directed or agreed to by Covered Entity pursuant to 45 C.F.R. section 164.526, or take <br />other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. section 164.526. <br />Business Associate shall do so solely by way of coordination with Covered Entity, and in the time and <br />manner designated by Covered Entity. <br /> <br />VII. TERMINATION <br /> <br />A. Termination for Cause. A Contractual Breach by Business Associate of any provision of this Exhibit, <br />as determined by Covered Entity in its sole discretion, shall constitute a material Contractual Breach <br />of the Agreement and shall provide grounds for immediate termination of the Agreement, any <br />provision in the Agreement to the contrary notwithstanding. Contracts between Business Associates <br />and subcontractors are subject to the same requirement for Termination for Cause. <br /> <br />B. Termination due to Criminal Proceedings or Statutory Violations. Covered Entity may terminate the <br />Agreement, effective immediately, if (i) Business Associate is named as a defendant in a criminal <br />proceeding for a violation of HIPAA, the HITECH Act, the HIPAA Regulations or other security or <br />privacy laws or (ii) a finding or stipulation that Business Associate has violated any standard or <br />requirement of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws is <br />made in any administrative or civil proceeding in which Business Associate has been joined.