5.3 Effect of termination. Unless otherwise stated, the contracting parties agree that at the end of this BAA, Business Associate will return to the covered unit for any reason or, if agreed by Covered Entity, destroy allPHIps received by the insured unit or created, managed or received by Business Associate on behalf of the insured entity. In the event that Business Associate reasonably believes that the return or destruction of the PHI is not possible, Business Associate Covered Entity will inform of conditions that do not permit return or destruction. By mutual agreement between the parties, Business Associate may retain the PHI and will continue to extend to the use and/or disclosure of PPH by Business Associate all safeguards, restrictions and restrictions contained in this ACCORD, provided that Business Associate has such a PHI. Use our HIPAA business association agreement if your company has access to health information and asks a third party to process this information. This is just one example of language and the use of these examples is not necessary to comply with HIPAA rules. The language may be modified to more accurately reflect trade agreements between a counterparty or counterparty or subcontractor. In addition, these provisions or similar provisions may be included in a service agreement between a counterparty or counterparty or a subcontractor or in a separate counterparty agreement. These provisions relate only to the concepts and requirements defined in the rules of data protection, security, infringement and enforcement of hipaa legislation and may not be sufficient on their own to achieve a binding contract under national law. They do not contain many formalities and material provisions that may be required or contained in a valid contract. The use of this sample may not be sufficient to respect state law and may not replace consultation with counsel or negotiations between the parties. b) Dismissal for cause.
The consideration authorizes the termination of the agreement by a covered entity if the covered entity finds that a counterparty has violated an essential clause of the agreement [and that the counterparty has not cured or terminated the breach within the time allowed by the covered unit]. [Bracketed`s language may be added if the covered company wishes to give the counterparty the opportunity to remedy a violation or violation prior to dismissal on cause.] This agreement may be linked to a service contract as a stand-alone agreement between the parties or as an object of exposure. The BAA defers the legal risk of the insured unit to the counterparty. A company that signs the BAA and is not a “business associate” remains subject to contractual liability, disclosure restrictions, compliance fees and penalties for non-compliance – risks that can be discussed with a lawyer.