Common use of Confidentiality and Disclosure of Patient Information Clause in Contracts

Confidentiality and Disclosure of Patient Information. Contractor acknowledges that it or its agents, employees, independent contractors and other personnel may have access to confidential protected health information (“PHI”), including, but not limited to, patient identifying information. Contractor and its permitted assigns agree that they: (a) Will not use or further disclose PHI other than as permitted by this Agreement or required by law; (b) Will protect and safeguard from any oral and written disclosure all confidential information regardless of the type of media on which it is stored (e.g., paper, fiche, etc.) with which it may come into contact; (c) Use appropriate safeguards to prevent use or disclosure of PHI other than as permitted by this Agreement or required by law; (d) Will ensure that all of its employees, personnel, Contractor’s personnel, and agents to which it provides PHI pursuant to the terms of this Agreement shall agree to all of the same restrictions and conditions to which Contractor is bound; (e) Will report to Owner’s Legal Department any unauthorized use or disclosure immediately upon becoming aware of it; (f) Make available PHI in accordance with 45 CFR § 164.254; (g) Make available PHI for amendment and incorporate any amendments to PHI in accordance with 45 CFR § 164.526; (h) Make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 528; (i) Make its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by one party on behalf of the other available to the Secretary of Health and Human Services, governmental officers and agencies and Owner for purposes of determining compliance with 45 CFR §§ 164.500-534; (j) Upon termination of this Agreement, for whatever reason, it will return or destroy all PHI, if feasible, received from, or created or received by it on behalf of Owner which Contractor maintains in any form, and retain no copies of such information, or if such return or destruction is not feasible, to extend the precautions of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and (k) Will comply with Applicable Law and regulations, specifically including the private and security standards of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended from time to time. Contractor recognizes that any breach of confidentiality or misuse of information found in and/or obtained from records may result in the termination of this Agreement and/or legal action. Unauthorized disclosure may give rise to irreparable injury to the patient or to the owner of such information and accordingly the patient or owner of such information may seek legal remedies against Contractor.