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1.4. Individual. "Individual" shall mean the person who is the subject of Protected Health <br /> Information as provided in 45 C.F.R. § 160.103 and shall include a person who qualifies as a <br /> personal representative in accordance with 45 C.F.R. § 164.502(g), <br /> 1.5. Individually Identifiable Health Information. "Individually Identifiable Health Information" <br /> shall have the same meaning as the term "individually identifiable health information in 45 <br /> C.F.R. § 160.103. <br /> 1.6. Protected Health Information or PHI. "Protected Health Information" or"PHI"shall have the <br /> same meaning as the term "protected health information" in 45 C.F.R. § 160.103, limited to <br /> the information created or received by Business Associate from or on behalf of Covered Entity. <br /> 1.7. Required By Law. "Required By Law"shall have the same meaning as the term"required by <br /> law" in 45 C.F.R. § 164.103. <br /> 1.8. Secretary."Secretary"shall mean the Secretary of the federal Department of Health and Human <br /> Services or that person's designee. <br /> 1.9. Security Incident. "Security Incident" shall have the same meaning as the term "security <br /> incident" in 45 C.F.R. § 164.304. <br /> 1.10. Unsecured Protected Health Information."Unsecured Protected Health Information"shall have <br /> the same meaning as the term"unsecured protected health information"in 45 C.F.R. § 164,402, <br /> limited to the information created or received by Business Associate from or on behalf of <br /> Covered Entity. <br /> 2. Permitted Uses and Disclosures by Business Associate. <br /> 2.1. General. Except as otherwise specified in this Agreement,Business Associate may access,use <br /> or disclose PHI to perform its obligations for, or on behalf of, Covered Entity provided that <br /> Business Associate uses and discloses PHI in the following manner: <br /> 2.1.1 Consistent with the minimum necessary policies and procedures of Covered Entity; <br /> and <br /> 2.1.2 Would not violate 45 C.F.R. Subpart E if done by Covered Entity, except as specified <br /> in paragraphs 2.2 and 2.3 of this section <br /> 2.1.3 Consistent with the provisions of Chapter 70.02 RCW. <br /> 2.2. Other Permitted Uses.Except as otherwise limited by this Agreement,Business Associate may <br /> use PHI it receives or creates in its capacity as a business associate of Covered Entity, if <br /> necessary: <br /> 2.2.1. For the proper management and administration of Business Associate; <br /> 2.2,2. To carry out the legal responsibilities of Business Associate;or <br /> 2.2.3. To provide Data Aggregation services to Covered Entity that relate to the health care <br /> operations of Covered Entity in accordance with the HIPAA Privacy Regulations. <br /> Page 2 of 9 <br />