(c)
(d)
(ii) A period of 60 days from and after the giving of such notice shall have elapsed
without PDA’s having substantially cured or remedied such reason for
termination during such 60-day period, unless such reason for termination cannot
be substantially cured or remedied within 60 days, in which case the period for
remedy or cure shall be extended for a reasonable time (not to exceed 60 days),
provided that PDA has made and continues to make a diligent effort to effect
such remedy or cure; and
(iii) A final determination shall have been made by the Health Plan
Administrator that Significant Breach persists, following a meeting at which PDA
shall be entitled to appear and contest the determination.
In the event PDA learns of a pattern of activity or practice by the Health Plan, or the
Health Plan Administrator, of material breach or violations of the terms and conditions
set forth herein, if the Health Plan or Health Plan Administrator fails to cure or end such
breach or violations, PDA shall have the right to terminate this Agreement, or if
termination is not feasible, report the material breach or violations to the Secretary.
Condition Precedent. Upon receipt of a notice of termination pursuant to Section 7(b)
hereof, or for termination of this Agreement for any other reason, PDA shall return or
destroy all Protected Health Information received from the Health Plan, or created or
received by PDA on behalf of the Health Plan, that PDA still maintains in any form, and
may retain one archival copy of such information. If PDA maintains an archival copy or
determines that such return or destruction is not feasible, PDA shall extend the
protections of this Agreement to such Protected Health Information and limit further
uses and disclosures of such Protected Health Information.
Report to Secretary of HHS. If, in the reasonable determination of the Health Plan
Administrator, termination of the Agreement pursuant to Section 7(b) hereof is not
feasible, the Health Plan Administrator shall report the Significant Breach to the
Secretary, if required under HIPAA.
8. Other Provisions
(a)
(b)
(c)
City of Nashua
Separate from Service Agreement. Except to the extent specifically provided herein, this
Agreement shall not be construed, and is not intended, to be a part of the Service
Agreement or to otherwise impose on PDA any duties, responsibilities, obligation
whatsoever in respect of the administration of the Health Plan, including any duties,
responsibilities or obligation of the Health Plan pursuant to the Privacy Rule.
No Liability. To the fullest extent permitted by law, PDA shall be under no liability for
any use or disclosure of Protected Health Information made in accordance with the
directions of the Health Plan.
No Duty to Question. Notwithstanding anything herein to the contrary, PDA shall not be
under any duty to question any directions received from the Health Plan Administrator,
nor to review in any respect the manner in which any fiduciary of the Health Plan
exercises its authority and discharges its duties with respect to the Health Plan.
7 BAA Revised October 2013
