Common use of Business Activities of the Business Associate Clause in Contracts

Business Activities of the Business Associate. Unless otherwise limited herein and if such use or disclosure of PHI would not violate the Privacy or Security Rules if done by the Covered Entity, the Business Associate may: F.2.2.1. Use the PHI in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of the Business Associate to the Covered Entity provided that such uses are permitted under state and federal confidentiality laws. F.2.2.2. Disclose the PHI in its possession to third parties for the purpose of its proper management and administration or to fulfill any present or future legal responsibilities of the Business Associate to the Covered Entity, provided that the Business Associate represents to Covered Entity, in writing, that (i) the disclosures are required by law, as provided for in 45 C.F.R. §164.103 or (ii) the Business Associate has received from the third party written assurances regarding its confidential handling of such PHI as required under 45 C.F.R. § 164.504(e)(4) and §164.314, and the third party notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. F.2.2.3. Provide data aggregation or de-identification services relating to the health care operations of the Covered Entity, for the Covered Entity. Business Associate may not de- identify Protected Health Information except as required by the Service Agreement. To the extent data aggregation or de-identification services are performed, Business Associate is prohibited from using or disclosing any such aggregated or de-identified information for its own purposes without the prior written consent of Covered Entity. Business Associate is further prohibited from disclosing such de-identified information to any third party who may attempt to re-identify such information, in violation of 45 C.F.R. 164 F.3. Responsibilities of the Parties with Respect to PHI.

Appears in 4 contracts

Samples: Purchase Order Agreement, Purchase Order, Purchase Order

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