Common use of Access and Availability of PHI Clause in Contracts

Access and Availability of PHI. 5.1 Business Associate agrees to make PHI, if maintained by Business Associate in a Designated Record Set, available to NYC Health + Hospitals for subsequent inspection and copying by the Individual subject thereof in accordance with applicable law including, but not limited to, the HIPAA Regulations, 45 C.F.R. § 164.524. 5.2 Upon written notice by NYC Health + Hospitals, Business Associate agrees to make PHI, if maintained by Business Associate in a Designated Record Set, available within ten (10) business days to NYC Health + Hospitals in accordance with applicable law including, but not limited to, the HIPAA Regulations, 45 C.F.R. § 164.526. 5.3 Subject to attorney-client and any other applicable legal privileges, and pursuant to 45 C.F.R. § 164.504 (e)(2)(ii)(H), Business Associate agrees to make available to the Secretary of Health and Human Services all internal practices, books, and records relating to the use or disclosure of PHI so that the Secretary of Health and Human Resources may determine NYC Health + Hospitals’ compliance with HIPAA Regulations. 5.4 Business Associate agrees to document disclosures of PHI, and information related to such disclosures, as would be required for NYC Health + Hospitals to respond to a request by an Individual for an accounting of disclosures of PHI. Business Associate agrees to provide to NYC Health + Hospitals, within ten (10) business days of receiving a request in writing therefrom, such information as is requested by NYC Health + Hospitals to permit NYC Health + Hospitals to respond to a request by an Individual for an accounting of the disclosures of the Individual’s PHI in accordance with 45 C.F.R. § 164.528.