[Option 2 – Reference to an underlying service agreement, z.B.” “as necessary to provide the services defined in the service agreement.”] 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. [The parties may add an additional specificity to the way the counterparty responds to an access request that the counterparty receives directly from the person (for example. (b) the question of whether a counterparty should grant the requested access and in what time, or whether the counterparty transmits the person`s request to the entity concerned to respond to it) and the time frame within which the counterparty can transmit the information to the entity concerned.] 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. All covered companies that intend to share protected health information with a third-party provider must establish a HIPAA-compliant counterparty agreement before declaring themselves ready to conduct joint transactions. Considerations may help explain the relationship between BAA and the underlying agreements between the parties. Consider asking a lawyer to verify the accuracy of the recitals and all the underlying agreements. To protect PIs, a safety rule must be established and safety measures put in place.