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Contract # KittCoSheriff-HsAz020{04 <br />to a patient received or acquired by a federally assisted alcohol or drug program, except as <br />permitted by 42 cFR Part 2. <br />2.2 Safeguards. Business Associate agrees to implement and use appropriate safeguards and <br />comply with Subpart C of 45 CFR Part 164 to prevent use or disclosure of the protected Health <br />lnformatlon other than as provided for by this BA/QSO Agreement. Agrees tha! when Business <br />Associate uses, discloses, or requests Protected Health lnformation, it will limit the use, <br />disclosure, or request to the minimum necessary. Susiness Associate acknowledges that in <br />receiving, transmitting, transporting, storing, processing, or othenrrise dealing with any <br />Protected Health lnformation or Records received from the Covered Entity identifying or <br />otheruise relating to the patients within the Covered Entity, it is fully bound by the provisionsof <br />the federal regulations governing the ConfidentialityofSubstance Use Disorder patient Records, <br />42 C.F.R. Part 2; and the Health lnsurance Portability and Accountability Act (HIPAA), 45 C.F.R. <br />Parts 142, 160, 162, and 164. <br />2.3 Mltigatlon. Business Associate agrees to mitigate promptly, to the extent practicable, any <br />harmful effect that is known to Business Associate of a use or disclosure of protected Health <br />lnformation by Business Associate in violation of the BA Agreement, the privacl Rule, <br />confidentiality Rule or other applicable federal or state law and regulations. <br />2.4 Rep-orts of lmproDer Use or Dlsclosure. Business Associate agrees to immediately report to <br />Covered Entity any use or disclosure of the Protected Health lnformation not provided for by <br />this BA Agreement of which it becomes aware. Business Assoclate also agrees to immediately <br />report to Covered Entity about any complaint that the Business Associate receives concerning <br />the handling of Protected Health lnformation or compliance with this BA Agreement. Busines <br />Associate must notify Covered Entity of any Breach relating to Unsecured protected Health <br />lnformation, which notice shall be in compliance with the requirements of the HITECH Act and <br />shall be gaven to Covered Entity at its designated address for receiving such notices, as soon as <br />practicable and wlthout unreasonable delay, and in no case later no later than five (5) business <br />days after such breach is discovered by Eusiness Associate. Such notice shall include, to the <br />extent possible, the identification of each individual whose Unsecured Protected Health <br />lnformation has been, or is reasonably believed by Business Associate to have been breached, <br />along with other available information that Covered Entity may be required to include in its <br />notification to the individual. Notice to Covered Entity may be given by email, return receipt <br />requested or certified mail, return receipt requested, lf Business Associate learns subsequent to <br />its inltial notification to Covered Entity of any additional information that Covered Entity may <br />need for its required notification to individuals, Business Associate shall promptly notify Covered <br />Entity of such information in the same manner as specified above, <br />2.5 Disclosures to Agents and subcontractors. ln accordance with 45 cFR 164.502(eXlXii), <br />164.308(bX2),and42CFR Part 2 ifapplicable, ensure thatanysubcontractorsthatcreate, <br />receive, maintain, or transmit Protected Health lnformation on behalf of the business associate <br />page g