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1.8 Protected Health Information. "Protected Health Information" shall have the same meaning as the <br />term "protected health information" in 45 CFR § 164.501, limited to the information created or <br />received by Business Associate from or on behalf of the Covered Entity. The term Protected Health <br />Information shall also include "Records" as provided herein. <br />1.9 Records. "Records" shall have the same meaning as the term "records" in 42 CFR §2.11. <br />1.10 Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 <br />CFR § 164.501. <br />1.11 Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or <br />the Secretary's designee. <br />1,12 General Rule. Capitalized terms not otherwise defined in this BA Agreement shall have the same <br />meaning as those terms in the Privacy Rule. <br />1.13 Qualified Service Organization. "Qualified Service Organization" shall have the same meaning as the <br />term "Qualified Service Organization" in 42 C.F.R. § 2.11. <br />1.14 Substance Abuse Confidentiality Regulations. "Substance Abuse Confidentiality Regulations" shall <br />mean the regulations promulgated by the U.S. Department of Health and Human Services, Substance <br />Abuse and Mental Health Services Administration, including the Confidentiality Rule. <br />Article 2: Obligations and Activities of Business Associate <br />2.1 Prohibitions. Business Associate agrees to not use or disclose Protected Health Information other <br />than as permitted or required by the BA/QSO Agreement or as required by applicable federal or state <br />laws and regulations. <br />2.2 Qualified Service Organization. Business Associate acknowledges that it may also be a Qualified <br />Service Organization as defined in 42 CFR 2.11 and as such: (i) acknowledges that, to the extent it <br />receives, stores, processes or otherwise deals with any information, whether recorded or not, relating <br />to a patient received or acquired by a federally assisted alcohol or drug program, it is fully bound by <br />the regulations in 42 CFR Part 2; and (ii) if necessary, will resist in judicial proceedings any efforts to <br />obtain access to any information, whether recorded or not, relating to a patient received or acquired <br />by a federally assisted alcohol or drug program, except as permitted by 42 CFR Part 2. <br />B. A. A. Attachment <br />Page 3 of 8 <br />