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(1) Protected Health information fPHt>. "Protected Health Information (PHI)" shall have the same meaning as the term "protected health information" in 45 CFR §160.103, limited to the Information created or received by Business Associate from or on behalf of a Covered Entity pursuant to this Agreement. (j) Reyuireq By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR §164.103. (k) Secreta . "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee, (t) Standards for Electronic Transactlons Rule. "Standards for Electronic Transactions Rule° means the final regulations issued by HHS concerning standard transactions and code sets under the Administration Simplification provisions of HIPAA, 45 CFR Part 160 and Part 162. (m) Security InoldenY. "Security Incident" shall have the same meaning as the term "security incident" In.45 CFR §164.304, (n) Security Ru/a. "Security Rule" shall mean the Security Standards and Implementation Specifications at 45 CFR Part 160 and Part 164, subpart C. (o) Subcontractor. "Subcontractor" shall have the same meaning as the term "subcontractor" in 45 CFR §160.103, (p) Transaction, "Transaction" shall have the meaning given the term "transaction" in 45 CFR §160.103 (q) Unsecured Protected Health information. "Unsecured Protected Health Information" shall have the meaning given the term "unsecured protected health information" in 45 CFR §164.402. 11, Safeguarding Privacy and Security of Protected Health Informatiori (a) Permitted Uses and Disclosures. The Business Associate is permitted to use and disclose Protected Health Information that it creates or receives on the Covered. Entity's behalf or receives from the Covered Entity (or another businessassociate of the Covered Entity) and to request Protected Health Information on the Covered Entity's behalf (collectively, "Covered Entity's Protected Health Information") only: (1) Functions and Activities on the Covered Entity's Behalf. To perform those services referred to in the services agreement. (11) Business Associate's Operations. For the Business Associate's proper management and administration or to carry out the Business Associate's legal responsibilities, provided that, with respect to disclosure of the Covered Entity's Protected Health Information, either: (A) The disclosure is Required by Law; or (B) The Business Associate obtains reasonable assurance from any person or entity to which the Business Associate will disclose the Covered Entity s Protected Health Information that the person or entity will; (1) Hold the Covered Entitys Protected Health information in confidence and use or further disclose the Covered Entity's Protected Health Information only for the purpose for which the Business Associate disclosed the Covered Entity's Protected Health Information to the person or entity or as Required by Law; and (2) Promptly notify the Business Associate (who will in turn notify the Covered Entity in accordance with the breach notification provisions) of any Instance of which the person or entity becomes aware in which the confidentiality of the Covered Entity's Protected Health Information was breached. (C) To de -Identify the information In accordance with 45 CFR 164.514(a) — (c) as necessary to perform those services required under the.Agreement. 2