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k. Business Associate agrees to maintain necessary and sufficient documentation of <br />Disclosures of Protected Health Information as would be required for Covered Entity to <br />respond to a request by an Individual for an accounting of such Disclosures, in accordance <br />with 45 CFR § 164.528. <br />1. On request of Covered Entity, Business Associate agrees to provide to Covered Entity <br />documentation made in accordance with this Agreement to permit Covered Entity to respond <br />to a request by an Individual for an accounting of disclosures of Protected Health Information <br />in accordance with 45 C.F .R. § 164.528. Business Associate shall provide said documentation <br />in a manner and format to be specified by Covered Entity. Business Associate shall have a <br />reasonable time within which to comply with such a request from Covered Entity and in no <br />case shall Business Associate be required to provide such documentation in less than three <br />(3) business days after Business Associate's receipt of such request. <br />m. Except as provided for in this Agreement, in the event Business Associate receives an <br />access, amendment, accounting of disclosure, or other similar request directly from an <br />Individual, Business Associate shall redirect the Individual to the Covered Entity. <br />n. To the extent that Business Associate carries out one or more of Covered Entity's <br />obligations under the HIP AA Rules, the Business Associate must comply with all <br />requirements of the HIP AA Rules that would be applicable to the Covered Entity. <br />o. A Business Associate must honor all restrictions consistent with 45 C.F .R. § 164.522 that <br />the Covered Entity or the Individual makes the Business Associate aware of, including the <br />Individual's right to restrict certain disclosures of protected health information to a health <br />plan where the individual pays out of pocket in full for the healthcare item or service, in <br />accordance with HITECH Act Section 13405(a). <br />3. Permitted Uses and Disclosures by Business Associate. <br />a. Except as otherwise limited by this Agreement, Business Associate may make any Uses <br />and Disclosures of Protected Health Information necessary to perform its services to Covered <br />Entity and otherwise meet its obligations under this Agreement, if such Use or Disclosure <br />would not violate the Privacy Rule, or the privacy provisions of the HITECH Act, if done by <br />Covered Entity. All other Uses or Disclosures by Business Associate not authorized by this <br />Agreement, or by specific instruction of Covered Entity, are prohibited. <br />b. Except as otherwise limited in this Agreement, Business Associate may Use Protected <br />Health Information for the proper management and administration of the Business Associate <br />or to carry out the legal responsibilities of the Business Associate. <br />c. Except as otherwise limited in this Agreement, Business Associate may Disclose <br />Protected Health Information for the proper management and administration of the Business <br />Associate, provided that Disclosures are Required By Law, or Business Associate obtains <br />reasonable assurances from the person to whom the information is Disclosed that it will <br />remain confidential and used, or further Disclosed, only as Required By Law, or for the <br />5