American Home Shield 2010 Annual Report Download - page 346

by Business Associate. Additionally, within twenty (20) days of any request by Customer, Business Associate shall incorporate any
amendments Customer makes to Protected Health Information. The requirements of this section may be satisfied by Business
Associate providing electronic access to Customer of Customer data maintained or processed by Business Associate.
8. Accounting of Disclosures of Protected Health Information. Business Associate shall keep records of disclosures of
Protected Health Information made by Business Associate (the "Disclosure Accounting") on an ongoing basis for a period of six
(6) years, except for disclosures exempt from accounting in 45 C.F.R. § 164.524. Business Associate shall provide the Disclosure
Accounting to Customer within forty-five (45) days of receiving a written request therefor from Customer.
9. Health and Human Services. Business Associate shall make its internal practices, books and records related to the use and
disclosure of Protected Health Information under the Agreement and this Addendum available to Secretary of the Department of
Health and Human Services as required by HIPAA and the HIPAA Regulations for the purpose of determining Customer's compliance
with 45 CFR § 164.500 et. seq.
10. Future Confidentiality of Protected Health Information. Upon the expiration or earlier termination of the Agreement for
any reason, if feasible, Business Associate shall return to Customer, or, at Customer's direction, destroy, all Protected Health
Information in any form. If such return or destruction is not feasible, Business Associate shall notify Customer and extend the
protections of this Addendum to the Protected Health Information and shall limit further uses and disclosures to those purposes that
make the return or destruction of the Protected Health Information infeasible. This provision shall apply to Protected Health
Information that is in the possession of agents or subcontractors of Business Associate.
11. Termination of the Agreement. Customer may terminate those portions of the Agreement which require Business
Associate to use or disclose Protected Health Information in the event Business Associate breaches a material term of this Addendum.
Such termination shall be in accordance with and subject to any rights to cure and payment obligations specified in the Agreement.
12. Amendment. If HIPAA or the HIPAA Regulations are amended or interpreted in any manner that renders this Business
Associate Agreement inconsistent therewith, Customer may, on thirty (30) days written notice to Business Associate (or any shorter
notice period necessary to comply with such amendment or interpretation), amend this Business Associate Agreement to the extent
necessary to comply with such amendments or interpretations, subject to Section 3.2(e) of the Master Agreement.