Business Associate Agreement - TriZetto Provider Solutions LLC - EMS Billing Services

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to mitigate, to the extent reasonably practicable, any harmful effect that is known to TriZetto of a use or disclosure of PHI by TriZetto in violation of the requirements of this BAA. 2.4. Subcontractors. In accordance with 45 C.F.R. § 164.502(e)(1)(ii) and § 164.308(b)(2), TriZetto shall require that its subcontractors and agents that create, receive, maintain or transmit PHI agree to the same or no less stringent restrictions, conditions and requirements that apply to TriZetto with respect to such information. 2.5. Access to PHI. Within 15 days after receiving a written request from Company, TriZetto shall make available PHI in a Designated Record Set in accordance with the terms of the Services Agreement and 45 C.F.R. § 164.524. 2.6. Amendment to PHI. Within 15 days after receiving a written request from Company, TriZetto shall make available to Company PHI in a Designated Record Set for amendment or incorporate any amendments to PHI in accordance with the terms of the Services Agreement and 45 C.F.R. § 164.526. 2.7. Accounting for Disclosures. Within 30 days after receiving a written request, TriZetto shall make available to Company the information necessary for Company to respond to a request for an accounting of disclosures in accordance with 45 C.F.R. § 164.528. If it will take longer than 30 days to compile the information, TriZetto shall inform Company of the delay and the reason for the delay. 2.8. Company's Obligations. To the extent TriZetto is to carry out one or more of Company's obligations under Subpart E of 45 C.F.R. Part 164, TriZetto shall comply with the requirements of Subpart E that apply to Company in the performance of such obligations. 2.9. Governmental Access to Records. TriZetto shall make available its internal practices, books, and records relating to the use and disclosure of PHI to the Secretary for purposes of determining compliance with the HIPAA Rules. TriZetto's provision of any internal practices, books or records or cooperation with any audit shall not be deemed to waive any legal privilege to which TriZetto is entitled under the law. 2.10. Marketing and Sale of PHI. TriZetto shall not use or disclose PHI for marketing purposes unless expressly directed by Company, and in accordance with § 13406(a) of the HITECH Act and 45 C.F.R. § 164.508(a)(3). TriZetto shall comply with the prohibition on the sale of PHI in accordance with § 1340S(d) of the HITECH Act and 45 C.F.R. § 164.502(a)(5)(ii). 3. Permitted Uses and Disclosures by TriZetto. 3.1. Uses and Disclosures of PHI. Except as otherwise limited in this BAA, TriZetto may use or disclose PHI to perform functions, activities or services for, or on behalf of, Company as specified in the Services Agreement, provided that such use or disclosure would not violate the HIPAA Rules if done by Company. 3.2. Uses and Disclosures Required by Law. TriZetto may use or disclose PHI as required by law. TriZetto may disclose PHI to report violations of law to appropriate federal and state authorities consistent with 45 C.F.R. § 164.5020)(1). 3.3. Minimum Necessary. TriZetto shall limit its uses, disclosures and requests for PHI to the minimum necessary to achieve the specific purpose of the use, disclosure or request in compliance with the HIPAA Rules. TPS BAA 2 Posted/Revised: 05232017 TRIZETTO CONFIDENTIAL/TRADE SECRET