Benefit Plans Administrative Services 12/26/2018

19IPa <ue b. Change in Right to Use Protected Health Information. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use and disclosure of Protected Health Information. c. Change in Restrictions Regarding Protected Health Information Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR Section 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. Business Associate will implement a similar restriction provided such restriction is reasonable and does not impact its ability to perform under the Service Agreement. d. Covered Entity Representative. Covered Entity shall notify Business Associate of those employees of Covered Entity who are authorized to receive Protected Health Information from Business Associate. 5. PERMISSIBLE REQUESTS BY COVERED ENTITY Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 6. TERM AND TERMINATION a. Term. This Agreement will begin on the Effective Date, and will continue until terminated with this Section 6 of the Agreement. b. Termination for Cause. Upon Covered Entity's knowledge of a material breach of this Agreement by Business Associate, Covered Entity shall provide not less than 20 days written notice of its intent to terminate the Agreement if Business Associate does not cure such material breach no later than the end of the written notice period. If Business Associate does not cure the breach within such time, then Covered Entity may, in its sole discretion, immediately terminate this Agreement. c. Termination without Cause and Termination of the Service Agreement. Either party may terminate this Agreement effective upon 30 days advance written notice to the other party given with or without any reason if Business Associate no longer performs services for Covered Entity requiring the use or disclosure of protected health information. This Agreement will immediately terminate if the Service Agreement terminates. The effective date of such termination will be the same as the effective date that the Service Agreement terminates. d. Effect of Termination. Except as provided in the next paragraph, upon termination of this Agreement for any reason, Business Associate shall return or, with the Covered Entity's permission, destroy all Protected Health information received from the Covered Entity, or created or received by Business Associate on behalf of Covered Entity. Business Associate shall retain no copies of the Protected Health Information, except in cases of actual or threatened litigation or if required by law. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or VEBA Administrative Service Agreement (405512)