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c. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect caused by a use or disclosure of Protected Health Information by Business Associate In violation of the requ irements of this Agreement. d. Reporting. Business Associate ag rees to Im me diately report to Covere d Entity's Privacy Officer any use or disclosure of Protected Health Information not allowe d by this Agre·em ent. Business Associate further agrees to immediately report to Covered Entity's Privacy Officer any attempted or successful unauthorized access, use, disclosure, modification, or destruction of Electronic Protected Health Information or Interference with information system operations Involving Electronic Protected Health Information. · e. Agents, Contractors and Subcontractors. Business Associate agrees to ensure that any agent, contractor or subcon tractor to whom It provides, dlscloses or tr ansmits Protected Health Info rmatio n agrees to the same restr ict ions and concUtlons concerning the Prote cted Health lnf<:>rm~tion that apply through this Agreement to Business Associate. Business Associate shall comply with this section by entering a Business Associate Agreement with such agent, contractor or subcontractor, which contract requires the agent or subcontractor to comply with the terms of this Agreement. f. Access to Information. Upon a request by Covered Entity, Business Associate agrees to provide access to Protected Health Information to Covered Entity as necessary to enable Covered Entity to comply with 45 C.F.R. § 164.524. Business Associate shall provide access to the Protected Health Information in the time and manner designated by Covered Entity. g. Amendm ent to Information. Upo n req _uest by Cove red Enti ty and at Cove red Entity's direction, Business Associate agrees to make any ame ndment(s ) to Protec ted Hea lth Inform atio n as necessary to enable Covered Entity to comply with 45 C.F.R. § 164.526. Business Associate shall act on the amendments in the time and manner deslgnated 'by Covered Entity. h. Accounting of Disclosures. If Business Associate makes any disclosure of Protected Health Information to any entity other than Covered Entity for any purpose other than for treatment, payment, or health care operations as defined in 45 C.F.R. § 164.501, Business Associate shall document the following Information and maintain such documentation for six (6) years: (1) the name and address of the entity to whom the Protected Health Information was disclosed; (2) the date of the disclosure; (,3) a brie f description of the Protected Health Information disclosed; ( 4) a brief description of the purpose for the disclosure; and (5) any other information related to such disclosures as required to enable Covered Entity to comply with 45 C.F.R. § 164.528. Upon request by Covered Entity, Business A ssociate agrees to pro vide to Co vered Enti ty the Information concerning such disclosures as necessary to enable Covered Entt.ty to resp ond to a reque st by an individual for an accounting of disclosures of Pro tec ted Health Information pursuant to 46 C.F.R. § 164.528. Business Associate shall act In the time and manner designated by Covered Entity. i. Access to Books and Records. Business Associate agrees to make internal practices, books, and records (Including policies and procedures and Pro teGlted Health lnformatl011'} relating to the use and disclosure of Protected Health Information on behalf of Cove red Enti ty available to Covered Entity or the Secretary of Health and Human Services, or their designees, to enable them to determine Covered Entlty's compliance with the Privacy and Security Rules. Business Associate shall make the documents available in the time and manner designated by Covered Entity or the Secretary. 4. Permitted Uses and Disclosures by Business Associate. a. General Use and Disclosure Provisions. Except as otherwise limited in this Agreement , Business Associate may create, maintain, use, transm it or disclose Protected Health Information on behalf of, or to provide services to, Covered Entity In the course of and for the purpose of providing legal services to Covered Entity, If such use or disclosure of Protected Health Information would BUSINESS ASSOCIATE AGREEMENT -2 55555.0713,5940676.1