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2023-130AD
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2023-130AD
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Last modified
12/28/2023 10:32:16 AM
Creation date
12/28/2023 10:31:14 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/20/2023
Control Number
2023-130AD
Agenda Item Number
12.D.1.
Entity Name
Ameritas Life Insurance Corp.
Subject
Administrative Service Agreement for Group Insurance for Plan Year 2023/2024
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f) Access to Protected Information. Business Associate shall make PHI maintained by Business <br />Associate or its agents or subcontractors in Designated Record Sets available to Covered Entity <br />for inspection and copying to enable Covered Entity to fulfill its obligations under the Privacy <br />Rule, including, but not limited to 45 CFR Section 164.524. <br />g) Amendment of PHI. Upon receipt of a request from Covered Entity for an amendment of PHI <br />or a record about an individual contained in a Designated Record Set, Business Associate or <br />its agents or subcontractors shall make such PHI available to Covered Entity for amendment <br />and incorporate any such amendment to enable Covered Entity to fulfill its obligations under <br />the Privacy Rule, including, but not limited to, 45 CFR Section 164.526. If any individual <br />requests an amendment of PHI directly from Business Associate or its agents or subcontractors, <br />Business Associate shall notify Covered Entity in writing within ten (10) days of the request. <br />Any decision to deny the requested amendment of PHI maintained by Business Associate or <br />its agents or subcontractors shall be the sole responsibility of Covered Entity. <br />h) Accounting Rights. Upon request for an accounting of disclosures of PHI from Covered Entity, <br />Business Associate and its agents or subcontractors shall make available to Covered Entity the <br />information required to provide an accounting of disclosures to enable Covered Entity to fulfill <br />its obligations under the Privacy Rule, including, but not limited to, 45 CFR Section 164.528. <br />As set forth in, and as limited by, 45 CFR section 164.528, Business Associate shall not provide <br />an accounting to Covered Entity of disclosures: (i) to carry out treatment, payment or health <br />care operations, as set forth in 45 CFR Section 164.502; (ii) to individuals of PHI about them <br />as set forth in 45 CFR 164.502; (iii) to persons involved in the individual's care or other <br />notification purposes as set forth in 45 CFR Section 164.510; (iv) for national security or <br />intelligence purposes as set forth in 45 CFR Section 164.512(k)(2); or (v) to correctional <br />institutions or law enforcement officials as set forth in 45 CFR Section 164.512(k)(5). Business <br />Associate agrees to implement a process that allows for an accounting to be collected and <br />maintained by Business Associate and its agents or subcontractors for at least six (6) years <br />prior to the request, but not before the compliance date of the Privacy rule. In the event that <br />the request for an accounting is delivered directly to Business Associate or its agents or <br />subcontractors, Business Associate shall forward it to Covered Entity. It shall be Covered <br />Entity's responsibility to prepare and deliver any such accounting requested. Business <br />Associate shall not disclose any PHI except as set forth in Sections 2(b) of this BAA. <br />i) Governmental Access to Records. If requested, Business Associate shall make its internal <br />practices, books and records relating to the use and disclosure of PHI available to the Secretary <br />of the U.S. Department of Health and Human Services (the "Secretary") for purposes of <br />determining Covered Entity's compliance with Privacy Rule in accordance with 45 CFR <br />164.504(e)(ii)(I). <br />j) Minimum Necessary. Business Associate (and its agents and subcontractors) shall only <br />request, use and disclose the minimum amount of PHI necessary to accomplish the purpose of <br />the request, use or disclosure and consistent with Covered Entity's minimum necessary policies <br />and procedures. <br />k) Data Ownership. Business Associate acknowledges that Business Associate has no ownership <br />rights with respect to the PHI. <br />
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