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

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IH. OBLIGATIONS OF COVERED ENTITY A. Notice of Privacy Practices: Covered Entity shall notify Business Associate of any limitations) in the Notice of Privacy Practices of Covered Entity under 45 CFR 164.520, to the extent that such limitations may affect Business Associate's Use or Disclosure of PHI. B. Revocation of Permission: Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an Individual to use or disclose his or her PHI, to the extent that such changes may affect Business Associate's Use or Disclosure of PHI. C. Right to Request Privacy Protection for PHI: Covered Entity shall notify Business Associate of any restriction on the Use or Disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522 ("Right to Request Privacy Protection for PHI"), to the extent that such restriction may affect Business Associate's Use or Disclosure of PHI. D. Permissible Requests by Covered Entity: Covered Entity shall not request Business Associate to Use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. Exceptions to this Section include Use or Disclosure PHI for Data Aggregation or management and administration and legal responsibilities of Business Associate. IV. TERM & TERMINATION A. Term.: The Term of this Agreement shall be effective as of the date specified above, and shall terminate when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed, or returned to Covered Entity. If it is infeasible to return or destroy Protected Health Information, Business Associate shall extend protections to such information, in accordance with the termination provisions in this Section. B. Termination for Cause: If Covered Entity becomes aware of a pattern of activity or practice that constitutes a material breach or violation of the obligations under the provisions of this Agreement, Covered Entity has the option to terminate the Agreement upon demanding a cure within forty-five (45) days of obtaining such knowledge. If Business Associate fails to cure such breach within the forty-five (45) day period, Covered Entity has the right to terminate the Agreement immediately. C. Obligations of Business Associate Upon Termination: 1. Except as provided in paragraph (2) of this Section IV(C), upon termination of this Agreement for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business