Va Business Associate Agreement

In the event that the counterparty finds that the return or destruction of the protected health information is not feasible, the counterparty must provide the covered entity, within ten (10) working days, with a notification of the conditions that make the return or destruction impossible. Following such determination, the counterparty shall extend the protection of this Agreement to such protected health information and limit the use and disclosure of such protected health information to those purposes that make it impossible to return or destroy as long as the counterparty holds such protected health information. If the counterparty is a representative of the covered entity, the counterparty agrees that any breach of unsecured protected health information will be notified to the covered entity immediately after the counterparty becomes aware of such breach and, in no event, later than one (1) next business day. The counterparty also agrees that any compromise of protected health information, with the exception of a breach of unsecured protected health information in accordance with point 2(c) of this Agreement, shall be notified to the covered company within ten (10) working days of the discovery of such compromise or attempted compromise. Where the breach referred to in point (c) of paragraph 2 relates to insecure health information, the counterparty agrees to notify such a data protection breach to the covered undertaking within ten (10) working days of the discovery of the breach; All other compromised protected health information must be reported to the covered company within twenty (20) business days of discovery. The counterparty also agrees to provide, in accordance with Section 13402 of the HITECH Act, to the Covered Entity, by email or telephone call, the information necessary for the Covered Entity to meet the requirements of this Section. This Agreement may only be amended by a written agreement signed between the covered entity and the counterparty. CONSIDERING that Business Associate offers a practical online management product (“offer”); and the counterparty shall provide the covered undertaking with information by e-mail or telephone call, such information to be made available to the covered entity in accordance with the agreement between the counterparty referred to in paragraph 2(d) of this Agreement. The Covered Company reserves the right to change the mode and format in which such information is made available to the Covered Company, as long as the requested change is reasonably required by the Covered Company to comply with HIPC rules or the HITECH Act and the counterparty is informed sixty (60) working days before the entry into force of the requested change. . .

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