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2 <br />15039916.1 <br />including Electronic Protected Health Information, on behalf of the Business Associate agree to <br />the same restrictions, conditions, and requirements that apply to the Business Associate with <br />respect to such information; <br />(e) Make available Protected Health Information in a Designated Record Set to the Plan as <br />necessary to satisfy the Plan’s obligations under 45 CFR 164.524; <br />(f) Make any amendment(s) to Protected Health Information in a Designated Record Set as <br />directed or agreed to by the Plan pursuant to 45 CFR 164.526, or take other measures as <br />necessary to satisfy the Plan’s obligations under 45 CFR 164.526; <br />(g) Maintain and make available the information required to provide an accounting of <br />Disclosures to the Plan as necessary to satisfy the Plan’s obligations under 45 CFR 164.528; <br />(h) To the extent the Business Associate is to carry out one or more of the Plan’s obligation(s) <br />under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to <br />the Plan in the performance of such obligation(s); and <br />(i) Make its internal practices, books, and records relating to the Use and Disclosure of <br />Protected Health Information received from, or created or received by Business Associate on <br />behalf of, the Plan available to the Secretary for purposes of determining the Plan’s compliance <br />with the HIPAA Rules. <br />3. Permitted Uses and Disclosures by Business Associate <br />(a) General Use and Disclosure Provisions <br />Business Associate may use or disclose Protected Health Information to perform <br />functions, activities, or services for, or on behalf of, the Plan, as specified in the <br />Customer Agreement, as amended or renewed from time to time, provided that such <br />Use or Disclosure would not violate the HIPAA Rules. <br />(b) Specific Use and Disclosure Provisions <br />i. Business Associate may use Protected Health Information for the proper <br />management and administration of the Business Associate or to carry out the legal <br />responsibilities of the Business Associate. <br />ii. Business Associate may disclose Protected Health Information for the proper <br />management and administration of the Business Associate or to carry out its legal <br />responsibilities, provided either that the Disclosures are Required By Law, or that <br />Business Associate obtains reasonable assurances from the person to whom the <br />information is disclosed that the information will remain confidential and will be used <br />or further disclosed only as Required By Law or for the purpose for which it was <br />disclosed to the person, and furthermore, that the person will notify the Business <br />Associate of any instances of which it is aware in which the confidentiality of the <br />information has been breached. <br />DocuSign Envelope ID: D630F73D-D64F-4694-A24A-FC8220069016