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DocuSign Envelope ID: 29EAB906-1936-4BAB-83BE-97C974F00293 <br />(c) Business Associate shall, without unreasonable delay, but in no event later than three (3) <br />business days after discovery of a Breach of Protected Health Information (whether secured or unsecured), report <br />such Breach to Covered Entity In accordance with 45 C.F.R. § 164.410. <br />B. Access to Protected Health InformitUon. Wlthin ten (20) business days of a request by Covered <br />Entity for access to Protected Health information about an Individual contained in any Designated Record Set of <br />Covered Entity maintained by Business Associate, Business Associate shall make available to Covered Entity such <br />Protected Health Information for so long as Business Associate maintains such information In the Designated Record <br />Set. If Business Associate receives a request for access to Protected Health Information directly from an Individual, <br />Business Associate shall forward such request to Covered Entity within fire (5) business days. <br />9. Availability of Protected Health Information. within ten (10) business days of receipt of a request <br />from Covered Entity for an amendment to an individual's Protected Health Information contained in any Designated <br />Record Set of Covered Entity maintained by Business Associate, Business Associate shall provide such Protected <br />Health information to Covered Entity for amendment and incorporate any such amendments in the Protected Health <br />Information (for so long as Business Associate maintains such information In the Designated Record Set) as required <br />by 45 C.F.R. § 164.526. If Business Associate receives a request for amendment to Protected Health Information <br />directly from an Individual, Business Associate shall forward such request to Covered Entity within five (5) business <br />days. <br />10. accounting of Disclosures. Within ten (10) business days of notice by Covered Entity to Business <br />Associate that it has received a request for an accounting of disclosures of Protected Health Information (other than <br />disclosures to which an exception to the accounting requirement applies), Business Associate shall make available <br />to Covered Entity such Information as is in Business Associate's possession and is required for Covered Entity to <br />make the accounting required by 45 C.F.R. § 164.528. <br />11. Availability of Books and Records. Business Associate shall make Its internal practices, books and <br />records relating to the use and disclosure of Protected Health Information received from or created or received by <br />Business Associate on behalf of, Covered Entity available to the Secretary for purposes of determining Covered <br />Entity's and Business Associate's compliance with HIPAA. <br />12. Restrictions and Limitations in Notice of PrivacPragices. Business Associate shall comply with <br />any reasonable limitation in Covered Entity's notice of privacy practices to the extent that such limitation may affect <br />Business Associate's use or disclosure of Protected Health Information and Business Associate receives notification <br />of such reasonable Imitation. Business Associate shall comply with any reasonable restriction on the use or <br />disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 <br />C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected <br />Health Information. <br />13. Tg.lYl. The term of this BA Agreement shall commence on the Effective !kite. This Agreement shall <br />terminate when all of the Protected Health Information provided by Covered Entity, or created and received by <br />Business Associate on behalf of the Covered Entity, Is returned to the Covered Entity or otherwise as set forth in <br />Section 14 of this Agreement. <br />14. Termination Upon Breach. Any other provision of this BA Agreement or the Service Agreement <br />notwithstanding, this BA Agreement and the Service Agreement may be terminated by Covered Entity in the event <br />of a material breach by Business Associate of the terms and conditions of this BA Agreement. Covered Entity shall <br />provide thirty (30) days' written notice In sufficient detail to enable Business Associate to understand the specific <br />nature of the breach and afford Business Associate an opportunity for Business Associate to cure the breach or end <br />the violation. Should Business Associate fail to cure the breach within such thirty (30) day time frame, Covered Entity <br />may terminate this BA Agreement and the Service Agreement, provided however, that In the event termination is <br />not feasible, in Covered Entity's sole discretion, Covered Entity shall have the right to report the breach to the <br />Secretary. In the event that Business Associate becomes aware of a pattern of activity or a practice of Covered Entity <br />that constitutes a breach or material violation of the obligations of Covered Entity under this BA Agreement, Business <br />-3- <br />kk <br />