Common use of Audits, Inspection and Enforcement Clause in Contracts

Audits, Inspection and Enforcement. Within 10 days written notice, upon a reasonable determination by the Covered Entity that Business Associate has breached this BAS, the Covered Entity may conduct a reasonable inspection of Business Associate's facilities, systems, books and records governing the privacy and security of PHI ; provided, however, that (i) the parties shall mutually agree in advance upon the reasonable scope, timing, and location of such 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 agrees to execute a nondisclosure agreement prior to such inspection, upon terms mutually agreed upon by the parties. Business Associate 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 facilities, systems and procedures does not relieve Business Associate of its responsibility to comply with this BAS, nor does the 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 the Covered Entity's enforcement rights under this BAS. Business Associate shall 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 are compliant.

Audits, Inspection and Enforcement. Within 10 days of a written noticerequest by Covered Entity, upon a reasonable determination by the Business Associate and its agents or subcontractors shall allow Covered Entity that Business Associate has breached this BAS, the Covered Entity may to conduct a reasonable inspection of Business Associate's the facilities, systems, books books, records, agreements, policies and records governing procedures relating to the privacy and security use or disclosure of PHI or ePHI pursuant to this Business Associate Addendum for the purpose of determining whether Business Associate has complied with this Business Associate Addendum; provided, however, that (i) the parties Business Associate and Covered Entity 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 agrees to shall execute a nondisclosure agreement prior to such inspectionagreement, upon terms mutually agreed upon by the parties. , if requested by Business Associate shall promptly remedy any violation of any term of this BAS and shall certify the same to the Covered Entity in writingAssociate. The fact that the Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate's facilities, systems systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with this BASBusiness Associate Addendum, nor does the 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 practices, constitute acceptance of such practice or a waiver of the Covered Entity's enforcement rights under this BAS. Business Associate shall 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 are compliantAddendum.

Audits, Inspection and Enforcement. Within 10 ten (10) days of a written noticerequest by Covered Entity, upon a reasonable determination by the Business Associate and its agents or subcontractors shall allow Covered Entity that Business Associate has breached this BAS, the Covered Entity may to conduct a reasonable inspection of Business Associate's the facilities, systems, books books, records, agreements, policies and records governing procedures relating to the privacy and security use or disclosure of PHI Protected Information pursuant to this BAA for the purpose of determining whether Business Associate has complied with this BAA; provided, however, that (i) the parties Business Associate and Covered Entity 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 agrees to shall execute a nondisclosure agreement prior to such inspectionagreement, upon terms mutually agreed upon by the parties. , if requested by Business Associate shall promptly remedy any violation of any term of this BAS and shall certify the same to the Covered Entity in writingAssociate. The fact that the 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 this BASthe BAA, 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 this BAS. the Agreement or BAA, Business Associate shall fully cooperate with the U.S. Department notify Covered Entity within ten (10) days of Health and Human Services, as the primary enforcer of the HIPAA, who shall conduct periodic compliance audits to ensure learning that both Business Associate and has become the Covered Entity are compliantsubject of an audit, compliance review, or complaint investigation by the Office for Civil Rights.

Audits, Inspection and Enforcement. Within 10 ten (10) days of a written noticerequest by Covered Entity, upon a reasonable determination by the Business Associate and its agents or subcontractors shall allow Covered Entity that Business Associate has breached this BAS, the Covered Entity may to conduct a reasonable inspection of Business Associate's the facilities, systems, books books, records, agreements, policies, and records governing procedures relating to the privacy and security use or disclosure of PHI Protected Information pursuant to this BAA for the purpose of determining whether Business Associate has complied with this BAA; provided, however, that (i) the parties Business Associate and Covered Entity shall mutually agree in advance upon the reasonable 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) upon request of Business Associate, Covered Entity agrees to shall execute a nondisclosure agreement prior to such inspectionagreement, upon terms mutually agreed upon by the parties. , if requested by Business Associate shall promptly remedy any violation of any term of this BAS and shall certify the same to the Covered Entity in writingAssociate. The fact that the Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate's ’s facilities, systems systems, books, records, agreements, policies, and procedures does not relieve Business Associate of its responsibility to comply with this BASthe BAA, nor does the Covered Entity's ’s (i) failure to detect any unsatisfactory practices; or (ii) detection, but failure to notify Business Associate or require Business Associate's ’s remediation of any unsatisfactory practices practices; constitute acceptance of such practice or a waiver of the Covered Entity's ’s enforcement rights under this BASthe Agreement or BAA. Business Associate shall fully cooperate with notify Covered Entity within five (5) days of learning that Business Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil Rights of 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 are compliant.

Audits, Inspection and Enforcement. Within 10 ten (10) days of a written noticerequest by Covered Entity, upon a reasonable determination by the Business Associate and its agents or subcontractors shall allow Covered Entity that Business Associate has breached this BAS, the Covered Entity may to conduct a reasonable inspection of Business Associate's the facilities, systems, books books, records, agreements, policies and records governing procedures relating to the privacy and security use or Disclosure of PHI and the implementation of appropriate security safeguards pursuant to this Agreement for the purpose of determining whether Business Associate has complied with this Agreement; provided, however, that (i) the parties Business Associate and Covered Entity 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 agrees to shall execute a nondisclosure agreement prior to such inspectionagreement, upon terms mutually agreed upon by the parties. , if requested by Business Associate shall promptly remedy any violation of any term of this BAS and shall certify the same to the Covered Entity in writingAssociate. The fact that the Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate's facilities, systems systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with this BASAgreement, nor does the 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 practices, constitute acceptance of such practice or a waiver of the Covered Entity's enforcement rights under this BAS. Business Associate shall 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 are compliantAgreement.

Audits, Inspection and Enforcement. Within 10 ten (10) business days of a written noticerequest by Covered Entity, upon a reasonable determination by the Associate and its agents and subcontractors shall allow Covered Entity that Business Associate has breached this BAS, the Covered Entity may or its agents or subcontractors to conduct a reasonable inspection of Business Associate's the facilities, systems, books books, records, agreements, policies and records governing procedures relating to the privacy and use or disclosure of Protected Information pursuant to this Agreement for the purpose of determining whether Associate has complied with this Agreement or maintains adequate security of PHI safeguards; provided, however, that (i) the parties Associate and Covered Entity 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 agrees to shall execute a nondisclosure agreement prior to such inspectionagreement, upon terms mutually agreed upon by the parties. Business Associate shall promptly remedy any violation of any term of this BAS and shall certify the same to the Covered Entity in writing, if requested by Associate. The fact that the 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 this BASAgreement, nor does the 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 practices, constitute acceptance of such practice or a waiver of the Covered Entity's enforcement rights under this BASAgreement. Business Associate shall 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 notify Covered Entity are compliantwithin five (5) business days of learning that Associate has become the subject of an audit, compliance review, or complaint investigation by the Office for Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within 10 ten (10) days of a written noticerequest by Covered Entity, upon a reasonable determination by the Business Associate and its agents or subcontractors shall allow Covered Entity that Business Associate has breached this BAS, the Covered Entity may to conduct a reasonable inspection of Business Associate's the facilities, systems, books books, records, agreements, policies and records governing procedures relating to the privacy and security use or disclosure of PHI Protected Information pursuant to this BAA for the purpose of determining whether Business Associate has complied with this BAA; provided, however, that (i) the parties Business Associate and Covered Entity 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 agrees to shall execute a nondisclosure agreement prior to such inspectionagreement, upon terms mutually agreed upon by the parties. , if requested by Business Associate 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 systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with this BASthe BAA, 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 this BAS. the Agreement or BAA, Business Associate shall fully cooperate with the U.S. Department notify Covered Entity within ten (10) days of Health and Human Services, as the primary enforcer of the HIPAA, who shall conduct periodic compliance audits to ensure learning that both Business Associate and has become the Covered Entity are compliantsubject of an audit, compliance review, or complaint investigation by the Office for Civil Rights.

Audits, Inspection and Enforcement. Within 10 ten (10) business days of a written noticerequest by Covered Entity, upon a reasonable determination by the Business Associate and its agents or subcontractors will allow Covered Entity that Business Associate has breached this BAS, the Covered Entity may to conduct a reasonable inspection of Business Associate's the facilities, systems, books books, records, agreements, policies and records governing procedures relating to the privacy and security use or disclosure of PHI pursuant to this Agreement for the purpose of determining whether Business Associate has complied with this Agreement; provided, however, that (i) the parties shall Associate and Covered Entity will mutually agree in advance upon the reasonable scope, timing, timing and location of such an inspection; , (ii) Covered Entity shall will 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 agrees to will execute a nondisclosure agreement prior to such inspectionagreement, upon terms mutually agreed upon by the parties. , if requested by Business Associate shall promptly remedy any violation of any term of this BAS and shall certify the same to the Covered Entity in writingAssociate. The fact that the Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate's facilities, systems systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with this BASAgreement, nor does the 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 practices, constitute acceptance of such practice or a waiver of the Covered Entity's enforcement rights under this BAS. Business Associate shall 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 are compliantAgreement.