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(c) HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and <br /> Enforcement Rules at 45 CFR Part 160 and Part 164. <br /> (d) Professional Services Agreement. "PSA" will mean that certain Professional Services <br /> Agreement executed by the Parties as of the date hereof, for the purposes of the Business <br /> Associate providing billing and payment processing of EMS patient transport services <br /> C. Obligations of Systems Design West, LLC <br /> Systems Design West, LLC agrees to: <br /> 1. Not use or disclose protected health information other than as permitted or required by the <br /> Agreement or as required by law <br /> 2. Use appropriate safeguards and comply, where applicable, with the HIPAA Security Rule <br /> with respect to electronic protected health information ("e-PHI") and electronic personally <br /> identifiable information re-PII") as well as implement appropriate physical, technical and <br /> administrative safeguards to prevent use or disclosure of PHI and PII other than as provided <br /> for by this Agreement; <br /> 3. Report to the Covered Entity any use or disclosure of PHI and PII not provided for by this <br /> Agreement of which it becomes aware, including any security incident (as defined in the <br /> HIPAA Security Rule) and any breaches of unsecured PHI and PII as required by 45 CFR <br /> §164.410. Breaches of unsecured PHI and PII shall be reported to the Covered Entity and <br /> affected parties without unreasonable delay but in no case later than 30 days after <br /> discovery of the breach; <br /> 4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any <br /> subcontractors that create, receive, maintain, or transmit PHI and PII on behalf of Systems <br /> Design West, LLC agree to the same restrictions, conditions, and requirements that apply to <br /> Systems Design West, LLC with respect to such information; <br /> 5. Make PHI and PII in a designated record set available to the Covered Entity and to an <br /> individual who has a right of access in a manner that satisfies the Covered Entity's <br /> obligations to provide access to PHI and PII in accordance with 45 CFR §164.524 within 30 <br /> days of a request; <br /> 6. Make any amendment(s) to PHI and PII in a designated record set as directed by the <br /> Covered Entity, or take other measures necessary to satisfy the Covered Entity's obligations <br /> under 45 CFR §164.526; <br /> 7. Maintain and make available information required to provide an accounting of disclosures <br /> to the Covered Entity or an individual who has a right to an accounting within 60 days and as <br /> necessary to satisfy the Covered Entity's obligations under 45 CFR§164.528. <br /> Business Associate Agreement-2 <br />