Community View Use Agreement - Michiana Health Information Network Inc. - Access to MHIN Clinical Data Repository for Ambulance Billing

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(d) Data Aggregation Services. Business Associate is permitted to Use or Disclose PHI; to provide "data aggregation services," as that teem is defiined'by 45 C.F.R. 164.501 relating to the Health Care Operations of Covered Entity. (e) Management and Administration of Business Associate. Except as otherwise limited in this Agreement, Business Associate may use and/or disclose PHI.for the proper management and administration of the Business Associate, or as required by Law. 6. HITECH Act Compliance The HITECH BA Provisions small apply commencing on February 17, 2010, or such other date as may be specified in the applicable regulations, whichever is later ("Applicable Effective Date"), Business Associate hereby aclrtiowledges and agrees that, to the extent it is functioning as a Business s Associate of Covered Entity, it will comply with the HITECH BA Provisions and with the obligations of a Business Associate as prescribed by HIPAA and the HITECH Act commencing on the Applicable Effective Date of each such provision. Business Associate and Cornered Entity further agree that the provisions of HIPAA and the HITECH Act that apply to business associates and that are required to be incorporated by reference in a business associate agreement are incorporated into this Agreement between Business Associate and Covered Entity as if set forth in this Agreement in their entirety and are effective as of the Applicable Effective Date. 7. Term and Termination (a) Term. The Term of this Agreement shall be effective as of the Effective Date, 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, or, if it is not feasible to return or destroy PHI, protections axe extended to such information, is accordance with the termination provisions in this Section. (b) Termination for Cause By Covered Entity, Upon the Coveted Entity's lmowledge of a material breach by Business Associate of this Agreement, the Covered Entity shall have the right to immediately terminate this Agreement. (c) Termination without Cause. This Agreement may be terminated by Covered Entity at any time upon thirty (30) day written notice. (d) Effect of Termination (1) Except as provided in patagitaph (2) of this Section 7(d), upon termination of this Agreement for any reason, the Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. Business Associate shall retain no copies of the PHI except as required by any applicable statute of limitations applicable to data retention. (2) In the event that Business Associate determines that returning or destroying the PHI is not feasible, the Business Associate shall provide in writing to Covered Entity 0