Business Associate Agreement & Data Services Agreement - SEMMA Health, Inc.

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considered to have had knowledge of a Breach if the Breach is known, or by exercising reasonable diligence would have been known to any person (other than the person committing the Breach) who is an employee, officer or agent of the Business Associate. Contents of Notification. Any notice referenced above in Section II(G)(1) of this Agreement will include, to the extent known to the Business Associate, the identification of each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been accessed, acquired, used, or disclosed during such Breach. Business Associate will also provide to Covered Entity other available information that the Covered Entity is required to include in its notification to the individual pursuant to the Breach Notification Rule. H. A reements by Third Parties: Business Associate shall enter into a written agreement with any Subcontractor that creates, receives, maintains or transmits PHI for or on behalf of Business Associate pursuant to which such Subcontractor agrees to be bound by substantially the same restrictions, terms, and conditions that apply to Business Associate with respect to such PHI. Disclosure to U.S. Department of Health and Human Services/Covered Entity. Business Associate shall make its internal practices, books, and records relating to the Use and Disclosures of PHI available to the Secretary for purposes of determining Covered Entity's compliance with HIPAA. J. Access by Individuals: Business Associate shall provide access, at the request of Covered Entity, and in the time and manner reasonably designated by Covered Entity, to PHI in a Designated Record Set, to Covered Entity in order for Covered Entity to meet the requirements under the Privacy Rule at 45 C.F.R. § 164,524. K. Amendment of PHI: Business Associate shall make any PHI contained in a Designated Record Set available to Covered Entity for purposes of amendment pursuant to 45 CY.R. § 164.526. L. Accounting of Disclosures. To the extent applicable, Business Associate agrees to document disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with the Privacy Rule at 45 C.F.R. § 164.528. Business Associate shall provide Covered Entity with such documentation upon the request of Covered Entity. M. Minimum Necessary: Business Associate shall only request, Use, and Disclose the minimum amount of PHI necessary to accomplish the purpose of the request, Use, or Disclosure.