CONFIDENTIALITY AND SECURITY REQUIREMENTS Sample Clauses

CONFIDENTIALITY AND SECURITY REQUIREMENTS. (a) Company agrees: (i) to use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in any agreements between the Parties evidencing their business relationship, or (2) as required by applicable law, rule or regulation, or by accrediting or credentialing organization to whom Client is required to disclose such information or as otherwise permitted under this BAA, the Agreement (if consistent with this BAA and the HIPAA Security and Privacy Rule), or the HIPAA Security and Privacy Rule, and (3) as would be permitted by the HIPAA Security and Privacy Rule if such use or disclosure were made by Client. All such uses and disclosures shall be subject to the limits set forth in 45 CFR §164.514 regarding limited data sets and 45 CFR §164.502(b) regarding the minimum necessary requirements; (ii) at termination of this BAA, the Agreement or any similar documentation of the business relationship of the Parties, whichever occurs first, if feasible, Company will return or destroy all PHI received from or created or received by Company on behalf of Client that Company still maintains in any form and retain no copies of such information, or if such return or destruction is not feasible, Company will extend the protections of this BAA to such PHI and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible; (iii) to ensure that its agents, including a subcontractor, to whom it provides PHI received from or created by Company on behalf of Client, agrees to the same restrictions and conditions that apply to Company with respect to such information, and agrees to implement reasonable and appropriate safeguards to protect any of such information which is Electronic Protected Health Information. In addition, Company agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause Company to breach the terms of this BAA; (iv) Company shall, following the discovery of a breach of unsecured PHI, as defined in the HITECH Act or accompanying regulations, notify the Client of such breach pursuant to the terms of 45 CFR §164.410 and cooperate in the Client's breach analysis procedures, including risk assessment, if requested. A breach shall be treated as discovered by Company as of the first day on which such breach is known to Company or, by exercising reasonable diligence, would have been known to Company. Company will provide such notificatio...

CONFIDENTIALITY AND SECURITY REQUIREMENTS a. Business Associate agrees not to use or disclose Protected Health Information other than as permitted or required by the Participation Agreement, this Agreement or as required by law. To the extent Business Associate carries out obligations of Covered Entity under the HIPAA Security and Privacy Rule, Business Associate shall comply with the applicable provisions of the HIPAA Security and Privacy Rule as if such use or disclosure were made by Covered Entity. Covered Entity will not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Security and Privacy Rule if done by Covered Entity, except as otherwise provided herein. Business Associate agrees to comply with Covered Entity's policies regarding the minimum necessary use or disclosure of Protected Health Information. b. Business Associate agrees to provide HIPAA training to all of its personnel who service Covered Entity's account or who otherwise will have access to Covered Entity's Protected Health Information. c. At termination of this Agreement, the Participation Agreement (or any similar documentation of the business relationship of the Parties), or upon request of Covered Entity, whichever occurs first, if feasible, Business Associate will return (in a manner or process approved by the Covered Entity) or destroy all Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity, that Business Associate still maintains in any form and retain no copies of such information. If such return or destruction is not feasible, Business Associate will (i) provide notification of the conditions that make return or destruction not feasible, (ii) retain only that Protected Health Information required; (iii) extend the protections of this Agreement to the retained Protected Health Information; (iv) limit further uses and disclosures to those purposes that make the return or destruction of the Protected Health Information not feasible; and (v) return or destroy the retained Protected Health Information when it is no longer needed by NC HIEA. This paragraph shall survive the termination of this Agreement and shall apply to Protected Health Information created, maintained, or received by Business Associate and any of its subcontractors. d. Business Associate agrees to ensure that its agents, including any subcontractors, that create, receive, maintain or...

CONFIDENTIALITY AND SECURITY REQUIREMENTS. The following confidentiality and security requirements apply to the following information that is provided or created after the execution of this Contract:

CONFIDENTIALITY AND SECURITY REQUIREMENTS