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51 <br /> <br />m. Unsecured PHI. “Unsecured PHI” is protected health information that is not rendered <br />unusable, unreadable, or indecipherable to unauthorized individuals through the use of a <br />technology or methodology specified by the Secretary in relevant HHS guidance. <br />n. Security Incident. "Security Incident" shall mean the attempted or successful <br />unauthorized access, use, disclosure, modification, or destruction of information or <br />interference with systems operations in an information system. “Security Incident” <br />includes all incidents that constitute breaches of unsecured protected health information. <br /> <br />II. OBLIGATIONS AND ACTIVITES OF CONTRACTOR AS BUSINESS ASSOCIATE <br /> <br />a. Business Associate agrees to not use or further disclose Protected Health Information other <br />than as permitted or required by the Agreement or as required by law. <br />b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 <br />CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the <br />Protected Health Information other than as provided for by this Agreement. <br />c. Business Associate agrees to make uses and disclosures requests for Protected Health <br />Information consistent with minimum necessary policy and procedures. <br />d. Business Associate may not use or disclose protected health information in a manner that <br />would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. <br />e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is <br />known to Business Associate of a use or disclosure of Protected Health Information by <br />Business Associate in violation of the requirements of this Agreement. <br />f. Business Associate agrees to report to County any use or disclosure of Protected <br />Health Information not authorized by this Agreement. <br />g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it <br />provides Protected Health Information received from, or created or received by Business <br />Associate on behalf of County, agrees to adhere to the same restrictions and conditions <br />that apply through this Agreement to Business Associate with respect to such information. <br />h. If Business Associate has Protected Health Information in a Designated Record Set, <br />Business Associate agrees to provide access, at the request of County, and in the time and <br />manner designated by County, to Protected Health Information in a Designated Record Set, <br />to County or, as directed by County, to an Individual in order to meet the requirements <br />under Section 164.524. <br />i. If Business Associate has Protected Health Information in a Designated Record Set, <br />Business Associate agrees to make any amendment(s) to Protected Health Information in a <br />Designated Record Set that the County directs or agrees to make pursuant to Section <br />164.526 at the request of County or an Individual, and in the time and manner designed by <br />County. <br />j. Business Associate agrees to make internal practices, books, and records relating to the <br />use and disclosure of Protected Health Information received from, or created or received by <br />Business Associate on behalf of County, available to the County at the request of County or <br />the Secretary, in a time and manner designated by the County or the Secretary, for <br />purposes of the Secretary determining County's com pliance with the Privacy Rule. <br />k. Business Associate agrees to document such disclosures of Protected Health <br />Information and information related to such disclosures as would be required for County <br />to respond to a request by an Individual for an accounting of disclosures of Protected <br />Health Information in accordance with Section 164.528. <br />l. Business Associate agrees to provide to County or an Individual in the time and manner <br />designated by County, information collected in accordance with Section (k) of this <br />Schedule, in order to permit County to respond to a request by an Individual for an <br />accounting of disclosures of Protected Health Information in accordance with Section <br />164.528. <br />DocuSign Envelope ID: 6C491BB9-BC86-4B49-A708-70DFC750A9BD