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2.11 Ownership of Account Assets. All mounts deposited by the Employer within the Trust account, as described herein, remain the Employer's assets and shall remain available for the Employer's general use or removal. DBI or its representatives shall only be responsible for administering the Employer's funds in accordance with the terms of this Agreement. Amounts deposited by Employer shall only be disbursed by DBI, the Trust's Board of Trustees, or any of its designees, if it is allowable expense as determined by the Employer or its representative, or as ot[.erwise required by a Court of appropriate jurisdiction. 2.12 Employee Fraud. In the event of Employee _5-aud against the Plan, it is the Employer's responsibility to make the Plan whole and pur~ue appropriate remedies fi.om the Employee. Article III - Compliance with Privacy Standards 3.1 Privacy Standards. The use and disclosure of Individually Identifiable Health Information hereunder is subject to certain Privacy Standards under the Health Insurance Portability and Accountability Act (the "Privacy Standards"). The intent is to provide the protections required by the Privacy Standards, but to retain for the parties the greatest latitude and flexibility permitted under those standards in order to facilitate the prompt and efficient provision of services under this Agreement. The terms of Article 1II shall be interpreted and applied consistent with this intent and with the Privacy Standards. 3.2 Protected Health Information. As used in this Agreement, "Protected Health Information" has the meaning set out in the Privacy Standards; generally, Protected Health Information means information about an individual's healtt., including information about payment for health care, and which either identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. For purposes of this Agreement, Protected Health Information shall refer only to Protected Health Information received from the Employer or created o:: received by DBI on behalf of the Plan. 3.3 Permitted Uses and Disclosures. ] a. The Employer may disclose Protected Health Information to DBI for purposes of treatment, payment, health care operations and data aggregation (all as defined by the Privacy Standards) and, subject to the terms of Article III, DBI shall be permitted to use and disclose such Protected _--Iealth Information for these purposes. b. DBI shall use or disclose the Protected Health Information only as authorized by this Agreement or as required by law, and shall not use or disclose the Protected Health Information in a manner that would violate the Privacy Standards if the use or disclosure were made by the Plan itself. Administrative Services Agreement - October 2003 7 10.30.03