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DocuSign Envelope ID: FAA4141C-02DF-41B5-A6D3-14CDB4ABD65B <br />(B) Business Associate obtains reasonable assurance from any person or entity to which <br />Business Associate will disclose Protected Health Information that the person or entity will— <br />(1) Hold the Protected Health Information in confidence and use or further disclose the <br />Protected Health Information only for the purpose for which Business Associate disclosed <br />Protected Health Information to the person or entity or as Required by Law; and <br />(2) Promptly notify Business Associate of any instance of which the person or entity <br />becomes aware in which the confidentiality of Protected Health Information was breached. <br />(iii) Minimum Necessary. Business Associate will, in its performance of the functions, activities, <br />services, and operations specified above, make reasonable efforts to use, to disclose, and to request <br />only the minimum amount of Protected Health Information reasonably necessary to accomplish the <br />intended purpose of the use, disclosure, or request, except that Business Associate will not be <br />obligated to comply with this minimum -necessary limitation if neither Business Associate nor Covered <br />Entity is required to limit its use, disclosure, or request to the minimum necessary under the HIPAA <br />Rules. Business Associate and Covered Entity acknowledge that the phrase "minimum necessary" <br />shall be interpreted in accordance with the HITECH Act and the HIPAA Rules. <br />b. Prohibition on Unauthorized Use or Disclosure. Business Associate will neither use nor disclose <br />Protected Health Information, except as permitted or required by this Agreement or in writing by Covered <br />Entity or as Required by Law. This Agreement does not authorize Business Associate to use or disclose <br />Covered Entity's Protected Health Information in a manner that would violate the HIPAA Rules if done by <br />Covered Entity, except as permitted for Business Associate's proper management and administration, as <br />described above. <br />c. Information Safeguards. <br />(i) Privacy of Protected Health Information. Business Associate will develop, implement, <br />maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy <br />of Protected Health Information. The safeguards must reasonably protect Protected Health <br />Information from any intentional or unintentional use or disclosure in violation of the Privacy Rule and <br />limit incidental uses or disclosures made pursuant to a use or disclosure otherwise permitted by this <br />Agreement. To the extent the parties agree that the Business Associate will carry out directly one or <br />more of Covered Entity's obligations under the Privacy Rule, the Business Associate will comply with <br />the requirements of the Privacy Rule that apply to the Covered Entity in the performance of such <br />obligations. <br />(ii) Security of Covered Entity's Electronic Protected Health Information. Business Associate <br />will comply with the Security Rule and will use appropriate administrative, technical, and physical <br />