BMI Audit Services LLC 2/22/2019

BMI Audit Services 3.18 Amendment of Agreement. Upon the enactment of any law or regulation affecting the use or disclosure of PHI, or the publication of any decision of a court of the United States or of this state relating to any such law, or the publication of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or regulation,Covered Entity may, by written notice to Business Associate, amend this Agreement in such manner as Covered Entity determines necessary to comply with such law or regulation. SECTION 4 OBLIGATIONS OF COVERED ENTITY 4.1 Obligations of Covered Entity. The Covered Entity shall: (a) provide Business Associate with a copy of its Notice of Privacy Practices, if requested,and will notify Business Associate of any limitation(s)in its Notice of Privacy Practices,to the extent that such limitation may affect Business Associate's use or disclosure of PHI; (b) notify Business Associate of any changes in, or revocation of, permission by individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI; (c) notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity agreed to with an individual,to the extent that such restriction may affect Business Associate's use or disclosure of PHI. The Covered Entity is required to agree to a restriction,and the Business Associate must comply with the restriction, in the case of a disclosure to a health plan for payment or health care operations (and is not for the purposes of carrying out treatment) and the PHI pertains solely to a health care item or service for which the health care provider involved has been paid by the patient or participant in full and not by the health plan; and (d) notify Business Associate if an individual has requested that PHI be provided directly to a third party pursuant to a written request signed by the individual that clearly identifies the third party. SECTION 5 REQUESTS BY COVERED ENTITY 5.1 Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by Covered Entity. SECTION 6 TERM AND TERMINATION 6.1 Term. The Term of this Agreement shall be effective as of the date first written above,and shall terminate when the Services Agreement between Covered Entity and Business Associate terminates or if Covered Entity terminates for cause as authorized in Paragraph 6.2 of this Business Associate Agreement 7