Common use of As Required by Law/Legal Process Clause in Contracts

As Required by Law/Legal Process. Business Associate may use or disclose PHI to ful- fill any present or future legal responsibilities of Business Associate, provided that the disclosures are (i) required by law, as defined in 45 C.F.R. § 164.103, or (ii) required to carry out the legal responsibilities of Business Associate, as provided in 45 C.F.R. § 164.504(e)(4). To the extent permitted by applicable law, prior to disclosing PHI as re- quired by law to a law enforcement, regulatory, administrative, or oversight agency, or in response to a subpoena, court order, civil investigative demand, or other compulsory doc- ument or lawful process, Business Associate shall notify Covered Entity of such pending disclosure and provide reasonable time for Covered Entity to oppose such disclosure, should Covered Entity deem such opposition necessary; provided, however, that if Co- vered Entity does not respond to Business Associate regarding such opposition prior to the date on which such disclosure must be timely made, Business Associate may, in its own discretion, disclose PHI as required by law or such lawful process.

Appears in 6 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

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As Required by Law/Legal Process. Business Associate may use or disclose PHI to ful- fill fulfill any present or future legal responsibilities of Business Associate, provided that the disclosures are (i) required by law, as defined in 45 C.F.R. § 164.103, or (ii) required to carry out the legal responsibilities of Business Associate, as provided in 45 C.F.R. § 164.504(e)(4). To the extent permitted by applicable law, prior to disclosing PHI as re- quired required by law to a law enforcement, regulatory, administrative, or oversight agency, or in response to a subpoena, court order, civil investigative demand, or other compulsory doc- ument document or lawful process, Business Associate shall notify Covered Entity of such pending disclosure and provide reasonable time for Covered Entity to oppose such disclosure, should Covered Entity deem such opposition necessary; provided, however, that if Co- vered Covered Entity does not respond to Business Associate regarding such opposition prior to the date on which such disclosure must be timely made, Business Associate may, in its own discretion, disclose PHI as required by law or such lawful process.

Appears in 2 contracts

Samples: Dsrip Master Services Agreement, Business Associate Agreement

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