Business Associate’s Operations. Business Associate is permitted by this Agreement to use PHI it creates for or receives from Recipient or its Subsidiaries: (i) if such use is reasonably necessary for Business Associate’s proper management and administration; and (ii) as reasonably necessary to carry out Business Associate’s legal responsibilities. Business Associate is permitted to disclose PHI it creates for or receives from Recipient or its Subsidiaries for the purposes identified in this Section only if the following conditions are met:
(1) The disclosure is required by law; or
(2) The disclosure is reasonably necessary to Business Associate’s proper management and administration, and Business Associate obtains reasonable assurances in writing from any person or organization to which Business Associate will disclose such PHI that the person or organization will:
a. Hold such PHI as confidential and use or further disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as required by law; and
b. Notify Business Associate (who will in turn promptly notify whichever of the Recipient or its Subsidiary for which the relevant PHI was created or from which the relevant PHI was received) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI was breached.
Business Associate’s Operations. Business Associate may Use PHI it creates or receives for or from Company as necessary for Business Associate’s proper management and administration or to carry out Business Associate’s legal responsibilities. Business Associate may disclose such PHI as necessary for Business Associate’s proper management and administration or to carry out Business Associate’s legal responsibilities only if:
(i) The Disclosure is Required by Law; or
(ii) Business Associate obtains reasonable assurance evidenced by written contract, from any person or organization to which Business Associate will disclose such PHI that the person or organization will:
a. Hold such PHI in confidence and Use or further disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as Required by Law; and
b. Notify Business Associate (who will in turn promptly notify Company) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI was breached.
Business Associate’s Operations. Business Associate may use the Minimum Necessary PHI and electronic PHI for Business Associate’s proper management and administration or to carry out Business Associate’s legal responsibilities. Business Associate may disclose the Minimum Necessary PHI and electronic PHI for Business Associate’s proper management and administration or to carry out Business Associate’s legal responsibilities only if:
(i) The disclosure is required by law; or
(ii) Business Associate obtains reasonable assurance, evidenced by written contract, from any person or organization to which Business Associate will disclose PHI or electronic PHI that the person or organization will:
a. Hold such PHI, electronic PHI in confidence and use or further disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as Required by Law; and
b. Promptly notify Business Associate (who will in turn promptly notify Company) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI or electronic PHI was breached.
Business Associate’s Operations. Business Associate is permitted by this Agreement to use PHI it creates for or receives from the Genworth Group: (i) if such use is reasonably necessary for Business Associate’s proper management and administration; and (ii) as reasonably necessary to carry out Business Associate’s legal responsibilities. Business Associate is permitted to disclose PHI it creates for or receives from the Genworth Group for the purposes identified in this Section only if the following conditions are met:
(1) The disclosure is required by law; or
(2) The disclosure is reasonably necessary to Business Associate’s proper management and administration, and Business Associate obtains reasonable assurances in writing from any person or organization to which Business Associate will disclose such PHI that the person or organization will:
Business Associate’s Operations. For the Business Associate’s proper management and administration or to carry out the Business Associate’s legal responsibilities, provided that, with respect to disclosure of the Covered Entity’s Protected Health Information, either:
(A) The disclosure is Required by Law; or
(B) The Business Associate obtains reasonable assurance from any person or entity to which the Business Associate will disclose the Covered Entity’s Protected Health Information that the person or entity will:
(1) Hold the Covered Entity’s Protected Health Information in confidence and use or further disclose the Covered Entity’s Protected Health Information only for the purpose for which the Business Associate disclosed the Covered Entity’s Protected Health Information to the person or entity or as Required by Law; and
(2) Promptly notify the Business Associate (who will in turn notify the Covered Entity in accordance with the breach notification provisions) of any instance of which the person or entity becomes aware in which the confidentiality of the Covered Entity’s Protected Health Information was breached.
(C) To de-identify the information in accordance with 45 CFR 164.514(a) – (c) as necessary to perform those services required under the Agreement.
Business Associate’s Operations. Business Associate may use the minimum necessary Protected Health Information for Business Associate’s proper management and administration, or to carry out Business Associate’s legal responsibilities. Business Associate may disclose the minimum necessary Protected Health Information for Business Associate’s proper management, administration, data aggregation or to carry out Business Associate’s legal responsibilities only if:
3.2.1 The disclosure is required by law; or
3.2.2 Business Associate obtains reasonable assurance, from any person or organization to which Business Associate shall disclose Protected Health Information that the person or organization shall:
a. Hold such Protected Health Information in confidence and use or further disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as required by law; and
b. Promptly notify Business Associate (who shall in turn promptly notify Covered Entity) of any instance of which the person or organization becomes aware in which the confidentiality of such Protected Health Information was breached.
Business Associate’s Operations. For Business Associate’s proper management and administration or to carry out Business Associate’s legal responsibilities, provided that, with respect to disclosure of Covered Entity’s Protected Health Information, either:
(A) The disclosure is Required by Law; or
(B) Business Associate obtains reasonable assurance from any person or entity to which Business Associate will disclose Covered Entity’s Protected Health Information that the person or entity will:
(1) Hold Covered Entity’s Protected Health Information in confidence and use or further disclose Covered Entity’s Protected Health Information only for the purpose for which Business Associate disclosed Covered Entity’s Protected Health Information to the person or entity or as Required by Law; and
(2) Promptly notify Business Associate (who will in turn notify Covered Entity in accordance with the breach notification provisions) of any instance of which the person or entity becomes aware in which the confidentiality of Covered Entity’s Protected Health Information was breached.
Business Associate’s Operations. Business Associate is permitted by this Rule to use PHI it creates for or receives from Company: (i) if such use is essential for Business Associate’s proper management and administration; and (ii) as necessary to carry out Business Associate’s legal responsibilities. Business Associate is permitted to disclose PHI it creates for or receives from Company for the purposes identified in this Section only if the following conditions are met:
(i) The disclosure is required by law; or
(ii) The disclosure is essential to Business Associate’s proper management and administration, and Business Associate obtains reasonable assurances in writing from any person or organization to which Business Associate will disclose such PHI that the person or organization will:
a. Hold such PHI as confidential and use or further disclose it only for the purpose for which Business Associate disclosed it to the person or organization or as required by law; and
b. Notify Business Associate (who will in turn promptly notify Company) of any instance of which the person or organization becomes aware in which the confidentiality of such PHI was breached. Business Associate shall promptly notify Company upon making any disclosure set forth in this Section III.B.1.b).
Business Associate’s Operations. Business Associate is permitted by this Agreement to use PHI it creates for or receives from Recipient or its Subsidiaries: (i) if such use is reasonably necessary for Business Associate’s proper management and administration; and (ii) as reasonably necessary to carry out Business Associate’s legal responsibilities. Business Associate is permitted to disclose PHI it creates for or receives from Recipient or its Subsidiaries for the purposes identified in this Section only if the following conditions are met:
Business Associate’s Operations. For BUSINESS ASSOCIATE’s proper management and administration or to carry out BUSINESS ASSOCIATE’s legal responsibilities, provided that, with respect to disclosure of COMPANY’s Protected Health Information, either:
i. The disclosure is Required by Law; or
ii. BUSINESS ASSOCIATE obtains reasonable assurance, evidenced by written contract, from any person or entity to which BUSINESS ASSOCIATE will disclose COMPANY’s Protected Health Information that the person or entity will:
a) Hold COMPANY’s Protected Health Information in confidence and use or further disclose COMPANY’s 18NW1516 R09/09 Blue Cross and Blue Shield of Louisiana incorporated as Louisiana Health Service & Indemnity Company Protected Health Information only for the purpose for which BUSINESS ASSOCIATE disclosed COMPANY’s Protected Health Information to the person or entity or as Required by Law; and
b) Promptly notify BUSINESS ASSOCIATE (who will in turn notify COMPANY in accordance with Section 3.1 of this Addendum) of any instance of which the person or entity becomes aware in which the confidentiality of COMPANY’s Protected Health Information was breached.
