Common use of Accounting for Disclosure Clause in Contracts

Accounting for Disclosure. Contractor shall maintain and make available to ODH or individuals requesting the information as appropriate, records of all disclosures of PHI in a Designated Record Set as necessary to satisfy ODH’s obligations. For every disclosure the record will include, at a minimum, the name of the individual who is the subject of the disclosure, the date of the disclosure, reason for the disclosure if any, and the name and address of the recipient to which the protected health information was disclosed. Obligations of ODH. When Contractor is to carry out an obligation of ODH, Contractor agrees to comply with all applicable requirements of Subpart E of 45 CFR 164 in the performance of such obligation. Access to Books and Records. Contractor shall make available to ODH and to the Secretary of the U.S. Department of Health and Human Services any and all internal practices, documentation, books, and records related to the use and disclosure of PHI received from ODH, or created or received on behalf of ODH. Material Breach. In the event of material breach of Contractor’s obligations under this Article, ODH may immediately terminate this Agreement as set forth in ARTICLE 6, Section 6.2. Termination of this Agreement will not affect any provision of this Agreement, which, by its wording or its nature, is intended to remain effective and to continue to operate after termination. Return or Destruction of Information. Upon termination of this Agreement and at the request of ODH, Contractor will return to ODH or destroy all PHI in Contractor’s possession stemming from this Agreement as soon as possible but no later than 90 days, and will not keep copies of the PHI except as may be requested by ODH or required by law, or as otherwise allowed for under this Agreement. If Contractor, its agent(s), or subcontractor(s) destroy any PHI, then Contractor will provide to ODH documentation evidencing such destruction. Any PHI retained by Contractor will continue to be extended the same protections set forth in this Section, HIPAA regulations and this Agreement for as long as it is maintained. Survival. These provisions in this Article shall survive the termination of this Agreement.