Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section. Termination for Cause. Upon Covered Entity’s knowledge of a material breach by Business Associate, Covered Entity shall either: Provide a reasonable opportunity for Business Associate to cure the breach or end the violation; or Terminate this Agreement and the Services Agreement or applicable sections thereof if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; or Immediately terminate this Agreement and the Services Agreement or applicable sections thereof if Business Associate has breached a material term of this Agreement and cure is not possible; or If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary of HHS. Effect of Termination. Upon termination of this Agreement for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: Retain only that Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; Return to Covered Entity (or if not feasible to return and agreed to by Covered Entity, destroy) the remaining Protected Health Information that the Business Associate still maintains in any form; Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information to prevent use or disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information; Not use or disclose the Protected Health Information retained by Business Associate than for the purposes for which such Protected Health Information was retained and subject to the same conditions set out at 3.4 (a) and (b) which applied prior to termination; and Return (or destroy, if agreed to by Covered Entity) to Covered Entity the Protected Health Information retained by Business Associate when it is no
Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section. Termination for Cause. Upon Covered Entity’s knowledge of a material breach by Business Associate, Covered Entity shall either: Provide a reasonable opportunity for Business Associate to cure the breach or end the violation; or Terminate this Agreement and the Services Agreement or applicable sections thereof if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; or Immediately terminate this Agreement and the Services Agreement or applicable sections thereof if Business Associate has breached a material term of this Agreement and cure is not possible; or If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary of HHS. Effect of Termination. Upon termination of this Agreement for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall: Retain only that Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; Return to Covered Entity (or if not feasible to return and agreed to by Covered Entity, destroy) the remaining Protected Health Information that the Business Associate still maintains in any form; Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information to prevent use or disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information; Not use or disclose the Protected Health Information retained by Business Associate than for the purposes for which such Protected Health Information was retained and subject to the same conditions set out at 3.4 (a) and (b) which applied prior to termination; and Return (or destroy, if agreed to by Covered Entity) to Covered Entity the Protected Health Information retained by Business Associate when it is no
business-associate-agreement-omnibus-update-2013-final.docx