Common use of Applicability of HIPAA Regulations Clause in Contracts

Applicability of HIPAA Regulations. Message Content may contain PHI. Furthermore, some, but not all, Participants are either a Covered Entity or a Business Associate. To support the privacy, confidentiality, and security of the Message Content, each Participant agrees as follows: a. If the Participant is a Covered Entity, the Participant does, and at all times shall, comply with the HIPAA Regulations to the extent applicable. b. If the Participant is a Business Associate of a Covered Entity, the Participant does, and shall at all times, comply with the provisions of its Business Associate Agreements (or for governmental entities relying upon 45 C.F.R. §164.504(e)(3)(i)(A), its Memoranda of Understanding) and Applicable Law. c. If the Participant is a Governmental Participant, the Participant does, and at all times shall, comply with the applicable privacy and security laws and regulations. d. If the Participant is neither a Covered Entity, a Business Associate nor a Governmental Participant, the Participant shall, as a contractual standard, at all times, at a minimum, comply with the provisions of the HIPAA Regulations set forth in Attachment 5 as if it were acting in the capacity of a Covered Entity or such other standards as decided by the Coordinating Committee.

Applicability of HIPAA Regulations. Pharmacy Data and HIE Data Message Content may contain contains PHI. Furthermore, some, but not all, Participants are either a Covered Entity or a Business AssociateAssociate of a Covered Entity. Because the Participants are limited to Transacting Message Content for only a Permitted Purpose, the Participants do not intend to become each other’s Business Associate by virtue of signing this Agreement or Transacting Message Content. As a result, this Agreement is not intended to serve as a Business Associate Agreement among the Participants. To support the privacy, confidentiality, and security of the Message Content, each Participant agrees as follows: a. If the Participant is a Covered Entity, the Participant does, and at all times shall, comply with the HIPAA Regulations to the extent applicable. b. If the Participant is a Business Associate of a Covered Entity, the Participant does, and shall at all times, comply with the provisions of its Business Associate Agreements (or for governmental entities relying upon 45 C.F.R. §164.504(e)(3)(i)(A), its Memoranda of Understanding) and Applicable Law. c. If the Participant is a Governmental Participantgovernmental entity, the Participant does, and at all times shall, shall comply with the applicable privacy and security laws and regulationslaws. d. If the Participant is neither a Covered Entity, a Business Associate nor a Governmental Participant, the Participant shall, as a contractual standard, at all times, at a minimum, comply with the provisions of the HIPAA Regulations set forth in Attachment 5 as if it were acting in the capacity of a Covered Entity or such other standards as decided by the Coordinating Committee.

Applicability of HIPAA Regulations. HIE Data Message Content may contain contains PHI. Furthermore, some, but not all, Participants are either a Covered Entity or a Business AssociateAssociate of a Covered Entity. Because the Participants are limited to Transacting Message Content for only a Permitted Purpose, the Participants do not intend to become each other’s Business Associate by virtue of signing this Agreement or Transacting Message Content. As a result, this Agreement is not intended to serve as a Business Associate Agreement among the Participants. To support the privacy, confidentiality, and security of the Message Content, each Participant agrees as follows: a. If the Participant is a Covered Entity, the Participant does, and at all times shall, comply with the HIPAA Regulations to the extent applicable. b. If the Participant is a Business Associate of a Covered Entity, the Participant does, and shall at all times, comply with the provisions of its Business Associate Agreements (or for governmental entities relying upon 45 C.F.R. §164.504(e)(3)(i)(A), its Memoranda of Understanding) and Applicable Law. c. If the Participant is a Governmental Participantgovernmental entity, the Participant does, and at all times shall, shall comply with the applicable privacy and security laws and regulationslaws. d. If the Participant is neither a Covered Entity, a Business Associate nor a Governmental Participant, the Participant shall, as a contractual standard, at all times, at a minimum, comply with the provisions of the HIPAA Regulations set forth in Attachment 5 as if it were acting in the capacity of a Covered Entity or such other standards as decided by the Coordinating Committee.

Applicability of HIPAA Regulations. Message Content may contain PHI. Furthermore, some, but not all, Participants are either a Covered Entity or a Business Associate. To support the privacy, confidentiality, and security of the Message Content, each Participant agrees as follows: a. If the Participant is a Covered Entity, the Participant does, and at all times shall, comply with the HIPAA Regulations to the extent applicable. b. If the Participant is a Business Associate of a Covered Entity, the Participant does, and shall at all times, comply with the provisions of its Business Associate Agreements (or for governmental entities relying upon 45 C.F.R. §164.504(e)(3)(i)(A), its Memoranda of Understanding) and Applicable Law. c. If the Participant is a Governmental Participant, the Participant does, and at all times shall, comply with the applicable privacy and security laws and regulations. d. If the Participant is neither a Covered Entity, a Business Associate nor or a Governmental Participant, the Participant shall, as a contractual standard, at all times, at a minimum, comply with the provisions of the HIPAA Regulations set forth in Attachment 5 2 as if it were acting in the capacity of a Covered Entity or such other standards as decided by the Coordinating CommitteeTHSA.