Obligations and Activities of Fraxional as Business Associate
Last Updated: November 11, 2024
Fraxional agrees to:
(a) Not use or disclose protected health information other than as permitted or required by the policy or business associate agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by in this policy.
(c) Report to covered entity any use or disclosure of protected health information not provided for by this policy or the business associate agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware as soon as possible;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of Fraxional agree to the same restrictions, conditions, and requirements that apply to Fraxional with respect to such information;
(e) Make available protected health information in a designated record set to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;
(h) To the extent Fraxional is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and
(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.
Permitted Uses and Disclosures by Fraxional
(a) Fraxional may only use or disclose protected health information as necessary to perform the services set forth in the Service Agreement.
(b) Fraxional may use or disclose protected health information as required by law.
(c) Fraxional agrees to make uses and disclosures and requests for protected health information subject to the following minimum necessary requirements.
(d) Fraxional may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity.
(e) Fraxional may use protected health information for the proper management and administration of Fraxional or to carry out the legal responsibilities of Fraxional.
Upon termination of a client Service Agreement and/or Business Associate Agreement for any reason, Fraxional, with respect to protected health information received from covered entity, or created, maintained, or received by Fraxional on behalf of covered entity, shall: