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f. Electronic Health Record shall have the same meaning as the term "electronic protected health information" in the American Recovery and Reinvestment Act of 2009, § 13400(5). g. Electronic Protected Health Information shall have the meaning given such term in 45 CFR § 160.103. h. Genetic Information shall have the meaning given to such term in 45 CFR § 160.103. i. Health Care Operations shall have the meaning given to such term under the Privacy and Security Rule, including 45 C.F.R. § 164.581. j. Health Care Provider shall have the meaning given such term in 45 C.F.R. § 160.103. k. HIPAA means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91, as amended, and related HIPAA regulations at 45 C.F.R. §§ 160-164. 1. Individual shall have the meaning given to the term under the Privacy and Security Rule, including, but not limited to, 45 C.F.R. § 160.103. It shall also include a person who qualifies as a personal representative in accordance with 45 C.F.R. §164.582(g). m. Payment shall have the meaning given such term in 45 C.F.R. § 164.581. n. Privacy and Security Rule shall mean the Standards for Privacy of Individually Identifiable Health Information and Security Standards for the Protection of Electronic Protected Health Information that are codified at 45 C.F.R. parts 160 and 164, subparts A, C, and E. o. Protected Health Information or PHI shall have the meaning given such term under the Privacy and Security Rule in 45 C.F.R. § 160.103. It shall include any information created or received by Business Associate from or on behalf of Client. p. Required By Law shall have the meaning given to the term under the Privacy or Security Rule. q. Security Incident shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system as provided in 45 C.F.R. § 164.304. r. Subcontractor shall have the meaning given to the term under 45 CFR § 160.103. s. Unsecured PHI shall have the meaning given to such term under the Privacy and Security Regulations at 45 C.F.R. §164.402. Specifically, unsecured PHI shall mean PHI that is not secured by a technology standard approved by the Secretary of HHS that renders PHI unusable, unreadable, or indecipherable to unauthorized individuals. d. Obligations of Business Associate a. Permitted Uses. Business Associate shall not use or disclose PHI except for the purpose of performing Business Associate's obligations under the Agreement or as Required by Law or authorized by the Individual who is the subject of the PHI. b. Permitted Disclosures. Business Associate may disclose PHI for the purpose of performing Business Associate's obligations under the Agreement and BAA. So long as such use or disclosure does not violate the Privacy and Security Rule, the Agreement, or this BAA, Business Associate may use PHI (a) as is necessary for the proper management and administration of Business Associate's organization, or (b) to carry out the legal responsibilities of Everside, and (c) to fulfill its responsibilities under the Agreement. If Business Associate discloses PHI to a third party, Business Associate must obtain, prior to making any such disclosure, (i) reasonable written assurances from such third party that such PHI will be held confidential as provided pursuant to this BAA and only disclosed as Required by Law or for the purposes for which it was disclosed to such third party, and (ii) a written agreement from e 2022 [verside I lealth. LLC. All rights reserved Confidential. 24