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`CON EXIS <br />human resourceful` <br />SECTION 3.0 PERMITTED USES AND DISCLOSURES OF PHI BY CONEXIS <br />3.1 CONEXIS may use or disclose PHI as necessary to carry out its obligations under the Agreement, <br />including disclosing PHI to any subcontractors who are assisting CONEXIS with its obligations under <br />the Agreement. <br />3.2 CONEXIS may use or disclose PHI as Required by Law or in accordance with any court order or <br />subpoena to the extent that disclosures made in accordance with such court order or subpoena comply <br />with the Privacy Rules. <br />3.3 Except as provided in Section 3.4 below, CONEXIS may not use or disclose PHI in a manner that <br />would violate the Privacy Rule if done by the Plan. <br />3.4 CONEXIS may: <br />3.4.1 use PHI for the proper management and administration of the Business Associate or to carry out <br />the legal responsibilities of the Business Associate; <br />3.4.2 disclose PHI for the proper management and administration of CONEXIS or to carry out the legal <br />responsibilities of CONEXIS, provided the disclosures are required by law, or CONEXIS obtains <br />reasonable assurances from the person to whom the information is disclosed that the <br />information will remain confidential and used or further disclosed only as required by law or for <br />the purposes for which it was disclosed to the person, and the person notifies CONEXIS of any <br />instances of which it is aware in which the confidentiality of the information has been breached; <br />3.4.3 provide data aggregation services relating to the health care operations of the Plan; and <br />3.4.4 use any information that has been de -identified in accordance with 45 CFR § 164.514. <br />SECTION 4.0 OBLIGATIONS OF THE CLIENT AND PLAN <br />4.1 Client: <br />4.1.1 will provide CONEXIS with written notice identifying the Plan's and the Client's designated <br />representatives for purposes of this Schedule; <br />4.1.2 warrants and represents that all plan amendments required by 45 CFR § 164.504(f) have been <br />executed so that Client's designated representatives are permitted to access and receive PHI <br />from the Plan. <br />4.2 The Client, acting on behalf of the Plan shall notify CONEXIS of the following: <br />4.2.1 Any limitation(s) in the Plan's notice of privacy practices (as required by 45 CFR § 164.520), to <br />the extent that such limitation may affect CONEXIS' use or disclosure of PHI; <br />4.2.2 Any changes in, or revocation of, the permission by an Individual to use or disclose his or her <br />PHI, to the extent that such changes may affect CONEXIS' use or disclosure of PHI; <br />4.2.3 Any restriction on the use or disclosure of PHI that the Plan has agreed to or is required to abide <br />by in accordance with 45 CFR § 164.522, to the extent that such restriction may affect use or <br />disclosure of PHI; and <br />Direct Client Services Agreement 12 V10.0-050114 <br />