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<br />24.3 <br /> <br />HIPAA <br />Compliance <br /> <br />OPTIONAL PROVISIONS <br /> <br />These provisions apply, in addition to the confidentiality provisions of this Agreement, jf and <br />to the extent that you disclose any "protected health information" ("PHI"), if any, to us, as that <br />term is defined in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). <br />Pursuant to the HIPAA privacy rule, 45 CFR, Part 160-164. we agree as follows: <br /> <br />a) We will not use or further disclose PHI other than as permitted or required by this Agree- <br />ment or as required by law. <br /> <br />b) We will use appropriate safeguards to prevent use or disclosure of PHI other than as pro- <br />vided for by this Agreement. <br /> <br />c) We will report to you any use or disclosure of PHI not provided for by this Agreement of <br />which we become aware. <br /> <br />d) We will ensure that any agents, including a subcontroctor to whom we provide PHI received <br />from you, or created or received by us on your behalf, agree to the same restrictions and condi- <br />tions that apply to us with respect to such PHI. <br /> <br />e) We will make available PHI in accordance with 45 CFR ~ 164.526. <br /> <br />f) We will make available PHI for amendment and incorporate any amendments to PHI in ac- <br />cordance with 45 CFR 9 164.526. <br /> <br />g) We will make available PHI required to provide an accounting of disclosures in accordance <br />with 45 CFR i 164.528. <br /> <br />h) We will make our internal practices, books, and records to the extent that they relate to the <br />use and disclosure of PHI received from you, or created or received by us on your behalf, <br />available to the secretary of HHS for the pUlpose of determining your compliance with the <br />HIPAA privacy rule. <br /> <br />i) If you determine that we have breached this Section, you may terminate this Agreement, ef- <br />fective immediately upon notice oftennination (or such other time as stated in such notice), in <br />accordance with the notice- and termination provisions of this Agreement. <br /> <br />j) We will, at any termination of this Agreement, if feasible, return or destroy all PHI received <br />from your or created or received by us on your behalf that we still maintain in any form and re- <br />tain no copies of such infonnation; or, if such return or destruction is not feasible, extend the <br />protections of this Agreement to PHI and limit further uses and disclosures to those purposes <br />that make the return or destruction of PHI infeasible. <br /> <br />BINDVIEW CUSTOMER AGREEMENT 95-3172 <br /> <br />PAGE 35 <br />