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Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule. Obligations and Activities of Flex-Plan 2.1 Flex-Plan agrees to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law. 1.11 II. 2.2 2.3 2.4 2.5 Flex-Plan agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. Flex-Plan will implement administrative, physical, and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. Flex-Plan agrees to report to Covered Entity any use or disclosure of the Protected Health Information which is not provided for by this Agreement and/or any Security Incident of which it becomes aware. Flex-Plan agrees to obtain reasonable assurances that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Flex-Plan on behalf of, Covered Entity agrees to be bound by the same restrictions and conditions that apply through this Agreement to Flex-Plan, with respect to such information. Moreover, Flex-Plan shall ensure that any such agent or subcontractor agrees to implement reasonable and appropriate safeguards to protect Covered Entity's PHI. 2.6 Flex-Plan agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information relating to the use and disclosure of Protected Health Information received from, or created or received by Flex-Plan on behalf of, Covered Entity available to the Secretary, within ten (10) business days after receipt of written request or otherwise as designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. Flex-Plan agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. This documentation shall include: (a) the date of the disclosure; (b) the name, and address if known, of the entity or person who received the Protected Health Information; (c) a brief description of the Protected Health Information disclosed; and (d) a brief statement of the purpose of the disclosure. Flex-Plan shall retain this documentation for six (6) years from the date of the disclosure. Flex-Plan agrees to provide to Covered Entity or to an Individual, within ten (10) business days after receipt of written request, information collected in accordance with Section 2.6 of this Agreement, in order to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. 2.7 Ifit is the case that Flex-Plan has possession of the Designated Record Set (the enrollment, payment, claims adjudication, and case or medical management records systems maintained by or for a health plan), then the Agreement should (1) provide whether Flex plan will be responsible for maintaining the Designated Record Set and (2)include the following here: 1421823.3 2 ",--,,--,,--,-'-----'-'-------'-