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DocuSign Envelope ID: CFCE3443-EF37-4FD4-BDCD-D85D559F77AE q. Subcontractor. "Subcontractor" shall have the same meaning as the term "subcontractor" in 45 CFR § 160.103. r. Transaction. "Transaction" shall have the meaning given the term "transaction" in 45 CFR§ 160.103. s. Unsecured Protected Health Information. "Unsecured Protected Health Information" or "Unsecured PHI" shall have the meaning given the term "unsecured protected health information" in 45 CFR § 164.402. 2. Permitted Uses and Disclosures of PHI by Business Associate. a. General Use and Disclosure. Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information in order to perform functions, activities, or services for, or on behalf of, Covered Entity, as specified in the Underlying Agreement, provided that such use or disclosure of Protected Health Information would not violate the Privacy Rule, including the Minimum Necessary requirement, if done by Covered Entity. b. Specific Uses and Disclosures by Business Associate. L Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI for the proper management and administration of Business Associate, or to carry out the legal responsibilities of Business Associate, provided that any disclosures of PHI are Required by Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. ii. Business Associate may use Protected Health Information to perform Data Aggregation services on behalf of the Plan as permitted by 45 CFR § 164.504(e)(2)(i)(B). iii. Business Associate may use Protected Health Information to create de -identified information consistent with the standards set forth at 45 CFR § 164.514. c. Covered Entity's Other Business Associates. In the course of fulfilling its duties hereunder, Business Associate may disclose PHI to, and receive PHI from, other business associates of Covered Entity to the same extent and degree as Covered Entity could disclose PHI to, or receive PHI from, such other of its business associates. Covered Entity is solely responsible for ensuring that it properly has entered into business associate agreements with its other business associates and Business Associate shall have no responsibility for confirming the .a - AGOE Document Generated on June 16, 2020 City of Santa Ana Business Associate Agreement Client Initials: Page 6 25A-29