Common use of Accounting of Disclosures of PHI Clause in Contracts

Accounting of Disclosures of PHI. Business Associate must: Maintain and make available the information required to enable Covered Entity to respond to an individual’s request for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528; and Within five (5) days of receiving a written request from Covered Entity, provide to Covered Entity such information as is requested by Covered Entity to permit Covered Entity to respond to a request by an individual for an accounting of the disclosures of the individual's Protected Health Information in accordance with 45 C.F.R. § 164.528. In the event that an individual requests an accounting of disclosures directly from Business Associate or its agents or Subcontractors, Business Associate must notify Covered Entity in writing within five (5) days of the request; Covered Entity will be responsible for preparing and delivering to the individual any such accounting requested. Availability of Records for Review by HHS and Covered Entity. Make available all records, books, agreements, policies and procedures relating to the use or disclosure of Protected Health Information to the Secretary of the U.S. Department of Health and Human Services (or any officer or employee of HHS to whom the Secretary of HHS has delegated such authority) for purposes of determining Covered Entity’s compliance with the Privacy Rule and Security Rule, subject to attorney-client and other applicable legal privileges. Business Associate will immediately notify Covered Entity upon receipt by Business Associate of any complaint or request for access by the Secretary of HHS and will provide Covered Entity with a copy thereof as well as a copy of all materials disclosed pursuant thereto. Upon reasonable prior written notice, make available during normal business hours at Business Associate’s offices all policies, procedures and related materials pertaining to the use or disclosure of, and security of, Protected Health Information to Covered Entity for purposes of enabling Covered Entity to determine Business Associate’s compliance with the terms of this Agreement.