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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 O,ualified 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 O.ualified <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 />Page 3 of 8 <br />B.B.A Attachment