Common use of Audits, Inspection and Enforcement Clause in Contracts

Audits, Inspection and Enforcement. Within ten (10) days of a written request by Covered Entity, Business Associate and its agents or subcontractors shall allow Covered Entity to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this BAA for the purpose of determining whether Business Associate has complied with this BAA; provided, however, that (i) Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing and location of such an inspection, (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by Business Associate. The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate ’s facilities, systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with the BAA, nor does Covered Entity’s (i) failure to detect or (ii) detection, but failure to notify Business Associate or require Business Associate ’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of Covered Entity’s enforcement rights under the Agreement or BAA, Business Associate shall notify Covered Entity within ten (10) days of learning that Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil Rights.

Audits, Inspection and Enforcement. Within ten (10) 10 days of written notice, upon a written request reasonable determination by the Covered Entity, Entity that Business Associate and its agents or subcontractors shall allow has breached this BAS, the Covered Entity to may conduct a reasonable inspection of the Business Associate's facilities, systems, books, records, agreements, policies books and procedures relating to records governing the use or disclosure privacy and security of Protected Information pursuant to this BAA for the purpose of determining whether Business Associate has complied with this BAAPHI ; provided, however, that (i) Business Associate and Covered Entity the parties shall mutually agree in advance upon the reasonable scope, timing timing, and location of such an inspection, ; (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) upon request of Business Associate, Covered Entity shall agrees to execute a nondisclosure agreementagreement prior to such inspection, upon terms mutually agreed upon by the parties, if requested by . Business AssociateAssociate shall promptly remedy any violation of any term of this BAS and shall certify the same to the Covered Entity in writing. The fact that the Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate ’s Associate's facilities, systems, books, records, agreements, policies systems and procedures does not relieve Business Associate of its responsibility to comply with the BAAthis BAS, nor does the Covered Entity’s 's (i) failure to detect or (ii) detection, but failure to notify Business Associate or require Business Associate ’s Associate's remediation of any unsatisfactory practices, practices constitute acceptance of such practice or a waiver of the Covered Entity’s 's enforcement rights under the Agreement or BAA, this BAS. Business Associate shall notify fully cooperate with the U.S. Department of Health and Human Services, as the primary enforcer of the HIPAA, who shall conduct periodic compliance audits to ensure that both Business Associate and the Covered Entity within ten (10) days of learning that Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil Rightsare compliant.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by Covered Entity, Business Associate and its agents or subcontractors shall allow Covered Entity to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies policies, and procedures relating to the use or disclosure of Protected Information pursuant to this BAA for the purpose of determining whether Business Associate has complied with this BAA; provided, however, that (i) Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing timing, and location of such an inspection, ; (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by Business Associate. The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate Associate’s facilities, systems, books, records, agreements, policies policies, and procedures does not relieve Business Associate of its responsibility to comply with the BAA, nor does Covered Entity’s (i) failure to detect any unsatisfactory practices; or (ii) detection, but failure to notify Business Associate or require Business Associate Associate’s remediation of any unsatisfactory practices, ; constitute acceptance of such practice or a waiver of Covered Entity’s enforcement rights under the Agreement or BAA, . Business Associate shall notify Covered Entity within ten five (105) days of learning that Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil RightsRights of the U.S. Department of Health and Human Services.

Audits, Inspection and Enforcement. Within ten (10) 10 days of a written request by Covered Entity, Business Associate and its agents or subcontractors shall allow Covered Entity to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information PHI or ePHI pursuant to this BAA Business Associate Addendum for the purpose of determining whether Business Associate has complied with this BAABusiness Associate Addendum; provided, however, that (i) Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing and location of such an inspection, ; (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by Business Associate. The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate ’s Associate's facilities, systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with the BAAthis Business Associate Addendum, nor does Covered Entity’s 's (i) failure to detect or (ii) detection, but failure to notify Business Associate or require Business Associate ’s Associate's remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of Covered Entity’s 's enforcement rights under the Agreement or BAA, this Business Associate shall notify Covered Entity within ten (10) days of learning that Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil RightsAddendum.

Audits, Inspection and Enforcement. Within ten (10) business days of a written request by Covered Entity, Business Associate and its agents or and subcontractors shall allow Covered Entity or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this BAA Agreement for the purpose of determining whether Business Associate has complied with this BAAAgreement or maintains adequate security safeguards; provided, however, that (i) Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing and location of such an inspection, (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by Business Associate. The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate ’s Associate's facilities, systems, systems books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with the BAAthis Agreement, nor does Covered Entity’s 's (i) failure to detect or (ii) detection, but failure to notify Business Associate or require Business Associate ’s Associate's remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of Covered Entity’s 's enforcement rights under the Agreement or BAA, Business this Agreement. Associate shall notify Covered Entity within ten five (105) business days of learning that Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil RightsRights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by Covered Entity, Business Associate and its agents or subcontractors shall allow Covered Entity to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this BAA for the purpose of determining whether Business Associate has complied with this BAA; provided, however, that (i) Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing and location of such an inspection, (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by Business AssociateAssociate . The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate ’s facilities, systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with the BAA, nor does Covered Entity’s (i) failure to detect or (ii) detection, but failure to notify Business Associate or require Business Associate ’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of Covered Entity’s enforcement rights under the Agreement or BAA, Business Associate shall notify Covered Entity within ten (10) days of learning that Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil Rights.