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BA shall retain all PHI throughout the term of this Agreement and shall continue to maintain such information not otherwise returned or destroyed pursuant to Section 5.4 of this Agreement for a period of six (6) years after the termination of this Agreement. 3.11 Restrictions on Disclosures BA will comply with written notice from CE to provide for confidential communications of PHI , or to restrict the Use or Disclosure of PHI , pursuant to 45 C.F.R. § 164.522 , including any request by an Individual to restrict the Disclosure of the Individual's PHI to a health plan if the Disclosure is (1) for the purpose of carrying out payment or health care operations , is not for purposes of carrying out treatment , and it not otherwise Required by Law, and (2) the PHI pertains solely to a health care item or service for wh ich the Individual, or person other than the health plan on behalf of the Individual , has paid the CE in full. 3.12 Prohibition on Sale of PHI Except as otherwise expressly permitted by the HIPAA Rules, BA shall not directly or indirectly receive remuneration, including financial or non-financial remuneration, in exchange for an Individual's PHI unless CE or BA obtains a valid authorization that meets the requirements of 45 C.F.R § 164.508 and states that the disclosure will result in remuneration to the BA . 3.13 Standard Transactions. BA shall comply with the HIPAA Rules' Standards for Electronic Transactions when conducting any Standard Transactions on behalf of CE . 4. Covered Entity Obligations. 4.1 With regard to the Use and/or Disclosure of Protected Health Information by BA, CE agrees to : 4.1.1 Notice of Privacy Practices Provide BA in a timely manner a written or electronic copy of the notice of privacy practices (the "Notice") that CE prov ides to Individuals in accordance with 45 C.F.R. § 164.520 , including any limitation(s) in such Notices to the extent that such limitation may affect BA 's Use or Disclosure of PHI. 4.1.2 Restrictions Notify BA in writing of any restrictions to the Use or Disclosure of PHI that CE has agreed to in accordance with 45 C.F.R. § 164.522 to the extent that such restriction may affect BA 's Use or Disclosure of PHI. CE will promptly notify BA in writing of the termination of any such restriction requirement and inform BA whether any of the PHI will remain subject to the terms of the restriction agreement. 4.1.3 Authorizations Inform BA , in writing and in a timely manner, of any changes in, or revocation of an authorization provided to a CE by an Individual to Use or Disclose PHI to the extent that such changes may affect BA's Use or Disclosure of PHI . 4 .1. 4 Confidential Communications Notify BA in writing and in a timely manner, of any confidential communications requests related to an Individual 's PHI that CE has agreed to in accordance with 45 C.F.R. § 164 .522 , to the extent that such request may affect BA's Use or Disclosure of PHI. CE will promptly notify BA in writing of the termination of any such confidential communications requ irement. 4.2 CE shall not request BA to Use or Disclose PHI in any manner that would not be permissible under the Privacy Rule if done by a CE . 4.3 Determination of Breach and Notification Obligations CE will be solely responsible to determine whether a non-permitted Use or Disclosure constitutes a Breach and will be responsible to prov ide , to the extent and within the time required by the HIPAA Rules , notice to the affected Individuals , the media, and the Secretary of any Breach of Unsecured PHI. If CE determines the non-permitted Use or Disclosure is a Breach that triggers the HIPAA Rules' breach notification requirements, then BA will reimburse CE for all reasonable FCHN-PRO-042016 21