Underlying Services definition
Examples of Underlying Services in a sentence
Subject to Sections 7.3 and 7.4, the terms and conditions under this BAA shall survive the expiration or termination of the Underlying Services Arrangement and the duties and obligations of Business Associate with respect to notice(s) and handling, retention, Use, Disclosure, or Breach of PHI shall survive expiration or termination of this BAA.
In the event there is a conflict between the language of this BAA and the Underlying Services Arrangement between the parties, the terms and conditions of this BAA shall control.
The term of this BAA shall be the same as the term of the Underlying Services Arrangement.
This Agreement, together with the Underlying Services Agreement, constitutes the entire agreement of the Parties relating to Business Associate’s use or disclosure of Protected Health Information.
The term of this Agreement shall commence as of the Effective Date and shall terminate concurrently with the Underlying Services Agreement unless earlier terminated, by mutual written agreement of the Parties, or in accordance with this Section IV.
Business Associate may use or disclose Protected Health Information solely (1) as necessary to provide the Underlying Services to Covered Entity and in compliance with each applicable requirement of 45 CFR §164.504(e), (2) as Required by Law or (3) as expressly otherwise authorized under this Agreement.
The Parties agree that, in the event that any documentation of the arrangement pursuant to which Business Associate provides Underlying Services to Covered Entity contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control.
In addition to and notwithstanding the termination provisions set forth in the Underlying Services Arrangement, both this BAA and the Underlying Services Arrangement may be terminated by Covered Entity upon written notice by Covered Entity to Business Associate if Covered Entity reasonably determines that Business Associate has violated any material term of this BAA.