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1.8 Protected Health Information. "Protected Health Information" shall have the same <br />meaning as the term "protected health information" in 45 CFR 5 164.501, limited to the <br />information created or received by Business Associate from or on behalf of the Covered <br />Entity. The term Protected Health Information shall also include "Records" as provided <br />herein. <br />1.9 Records. "Records" shall have the same meaning as the tenn "records" in 42 CFR 52.11 <br />1.10 Required By Law. "Required By Law" shall have the same meaning as the term "required <br />by law" in 45 CFR 5 164.501. <br />1.11 Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human <br />Services or the Secretary's designee. <br />1.12 General Rules Capitalized terms not otherwise defined in this BA Agreement shall have <br />the same meaning as those terms in the Privacy Rule. <br />1.13 Qualified Service Organization. "Qualified Service Organization" shall have the same <br />meaning as the term "Qualified Service Organization" in 42 C.F.R. 5 2.11. <br />1.14 Substance Abuse Confidentiality Regulations. "Substance Abuse Confidentiality <br />Regulations" shall mean the regulations promulgated by the U.S. Department of Health <br />and Human Services, Substance Abuse and Mental Health Services Administration, <br />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 <br />Information other than as permitted or required by the BA/QSO Agreement or as required <br />by applicable federal or state laws and regulations, <br />2.2 Qualified Service Organization. Business Associate acknowledges that it may also be a <br />Qualified Service Organization as defined in 42 CFR 2.11 and as such: (i) acknowledges <br />that, to the extent it receives, stores, processes or otherwise deals with any information, <br />whether recorded or not, relating to a patient received or acquired by a federally assisted <br />alcohol or drug program, it is fully bound by the regulations in 42 CFR Part 2; and (ii) if <br />necessary, will resist in judicial proceedings any efforts to obtain access to any <br />information, whether recorded or not, relating to a patient received or acquired by a <br />federally assisted alcohol or drug program, except as permitted by 42 CFR Part 2. <br />