A Conditions Imposed on Employer Sample Clauses

A Conditions Imposed on Employer. Notwithstanding any provision of the Plan to the contrary, the Employer agrees: (a) Not to use or disclose PHI other than as permitted or required by this Article VIII or as required by law; (b) To ensure that any agents, including a subcontractor to whom the Employer provides PHI received from the Plan, agree to the same restrictions and conditions that apply to the Employer with respect to PHI received or created on behalf of the Plan; (c) Not use or disclose an individual’s PHI for employment-related purposes (including hiring, firing, promotion, assignment or scheduling) unless authorized by the Individual; (d) Not to use or disclose an Individual’s PHI in connection with any other non-health benefit program or employee benefit plan of the Employer unless authorized by the Individual; (e) To report to the Plan any use or disclosure of PHI that is inconsistent with this Article VIII, if it becomes aware of an inconsistent use or disclosure; (f) To provide Individuals with access to PHI in accordance with 45 C.F.R. § 164.524; (g) To make available PHI for amendment and incorporate any amendments to PHI in accordance with 45 C.F.R. § 164.526; (h) To make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. § 164.528; (i) To make internal practices, books, and records relating to the use and disclosure of PHI received from the Plan available to the Secretary of Health and Human Services for purposes of determining the Plan’s compliance with HIPAA; (j) If feasible, to return or destroy all PHI received from the Plan that the Employer maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made. If return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible; and (k) To ensure adequate separation between the Plan and Employer as required by 45 C.F.R. § 164.504(f)(2)(iii) and described in this Article VIII. (l) To implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI (other than enrollment/disenrollment information) and it will ensure that any agents or subcontractors to whom it provides such electronic PHI agrees to implement reasonable and appropriate safeguards to protect the information.