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c. However, DBI may use and disclose ?rotected Health Information to the extent necessary for the proper management and administration of its own business or to carry out its legal responsibilities; provided that any disclosure made for these purposes shall be made only if: (1) it is reqfired by law, or (2) DBI obtains reasonable assurances from the person to whom the :_nformation is disclosed that (a) the Protected Health Information will be held confi :lentially and used or disclosed only as required by law or for the purpose for which DBI disclosed it to such person, and (b) the person will notify DBI if it becomes aware of any instance in which the confidentiality of the information is breacked. 3.4 Responsibilities of the Employer (Privacy). a. Practices and Procedures. The Employer shall agree to follow the Plan's written practices and procedures for the use and disclosure of Protected Health Information in accordance with the Privacy Standards and shall provide DBI with copies of all such practices and procedures. The Employer shall promptly provide DBI with copies of any amendments or .tpdates of such practices and procedures. Without limitation, the Employer shall provide to DBI the following: 1) A copy of the Plan's Notice of Privacy Practices and all amendments. 2) A copy of the Plan's procedu-es and protocols that establish standards limiting the amount of Protected Health Information that may be disclosed to or requested from DBI to the a_mount reasonably necessary to achieve the purpose of the use or disclosure. 3) To the extent it may affect DBI's duties under this Agreement, documentation of any restrictions to the use or disclosure of Protected Health Information to which the Err ployer has certified to the Plan that it has agreed in accordance with the Privacy Standards. 4) To the extent it may affect DBI's duties under this Agreement, documentation of any changes in, or revocations of, permission to use or disclose Protected Health Information by the individual who is the subject of the Protected Health Information. 5) The Employer must obtain D3I's prior approval before the Employer or the Plan agrees to any restrictions on the use and disclosure of PHI, described in (3) and (4) above. b. The Employer shall not request or au :horize DBI to use or disclose Protected Health Information in any manner that wou_d not be permissible under the Privacy Standards if done by the Employer or the Plan; provided, the Plan or the Employer may request that DBI provide data aggregation services. Without limitation, the Plan shall not request or authorize the 2mployer to disclose Protected Health Information: 1) To employees of the sponsor o_" the Plan unless the Employer has received proper certification that the Plan documents have been amended as required by the Privacy Standa-ds and the Plan sponsor has agreed to the restrictions imposed by the Privacy Standards. The Employer Adm/nistrafive Services Agreement - October 2003 8 10.30.03