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2017-121E
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2017-121E
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Last modified
9/20/2017 10:57:32 AM
Creation date
8/30/2017 1:58:18 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/15/2017
Control Number
2017-121E
Agenda Item Number
8NN. (2 of 2)
Entity Name
Southeast Series of Lockton
Subject
Business Associate Agreement
Area
Health and Welfare Insurance Brokerage
Alternate Name
Lockton Companies LLC
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2.11 To the extent Lockton is to carry out one or more of Plan's obligations with <br />respect to HIPAA, Lockton will comply with the requirements of HIPAA in the performance of <br />such obligations. <br />ARTICLE 3. PERMITTED USES AND DISCLOSURES BY LOCKTON <br />Lockton will Use or Disclose PHI including, without limitation, claim, eligibility, <br />financial and other data received from, or created or received on behalf of Plan consistent with <br />the minimum necessary requirements applicable to Plan set forth in 45 C.F.R. 164.514(d) and <br />only: <br />3.1 As permitted or required by this Agreement or applicable law, or to perform <br />Services on behalf of Client and Plan as described in this Agreement, but not in such a manner <br />that would violate HIPAA. <br />3.2 For the proper management and administration of Lockton or to carry out the <br />responsibilities of Lockton, provided that Lockton will only Disclose PHI pursuant to this <br />Paragraph 3.2 where such Disclosure is Required By Law or Lockton obtains reasonable <br />assurances from the person to whom the PHI is Disclosed that it will remain confidential and <br />Used or further Disclosed only as Required By Law or for the purpose for which it was <br />Disclosed to the person, and the person notifies Lockton of any instances of which it is aware in <br />which the confidentiality of the information is breached; <br />3.3 To create de -identified information in compliance with 45 C.F.R. 164.514(a) -(c). <br />Once PHI has been de -identified, it shall no longer be considered PHI and shall not be subject to <br />the confidentiality obligations or restrictions on Disclosure set forth in this Agreement unless <br />otherwise required by law; <br />3.4 To provide Data Aggregation Services on behalf of the Plan, including, without <br />limitation, Disclosure of PHI to subcontractors, vendors and/or other third parties, as may be <br />necessary to allow Lockton to perform the Services; to Use and store PHI in a benchmark <br />database; and to Disclose de -identified and disassociated data for population benchmarking and <br />normative reporting purposes. <br />3.5 To Use PHI to report violations of law to appropriate Federal and State authorities <br />consistent with the Privacy Rule; <br />3.6 As Required by Law. <br />ARTICLE 4. OBLIGATIONS OF CLIENT <br />4.1 Client shall make all necessary amendments to Plan documents to permit Use and <br />Disclosure of PHI by Lockton as described in this Agreement. <br />4.2 Client shall provide Lockton with a list of person(s) ("Designee") who perform <br />functions for the Plan or for the Client as Plan Sponsor to whom it is permissible for Lockton to <br />Disclose PHI. To the extent Client has limited the amount of PHI that may be Disclosed to a <br />Lockton Business Associate Agreement_rev42015 <br />
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