Common use of Discovery of Incident Clause in Contracts

Discovery of Incident. The Business Associate must inform the Covered Entity by telephone call plus email or fax immediately within the same day of the discovery of any Incident, including but not limited to: the discovery of breach of security of PHI in computerized form if the PHI was, or is reasonably believed to be acquired by an unauthorized person; the discovery of any suspected security incident, intrusion or unauthorized use or disclosure of PHI in violation of this Agreement; or the discovery of potential loss of confidential data affecting this Agreement. (i) The Incident shall be treated as “discovered” as of the first day on which the Incident is known to the Business Associate, or, by exercising reasonable diligence would have been known to the Business Associate. (ii) Notification shall be provided to one of the contact persons as listed in section d. (iii) Notification shall occur within the first business day that follows discovery of the Incident.

Discovery of Incident. The Business Associate must inform the Covered Entity by telephone call plus email or fax immediately within the same day as soon as possible but no later than ten (10) calendar days of the discovery of any Incident, including but not limited to: the discovery of breach Breach of security of PHI in computerized form if the PHI was, or is reasonably believed to be acquired by an unauthorized person; the discovery of any suspected security incidentSecurity Incident, intrusion or unauthorized use or disclosure of PHI in violation of this Agreement; or the discovery of potential loss of confidential data affecting this Agreement. (i) i. The Incident shall be treated as “discovered” as of the first day on which the Incident is known to the Business Associate, or, by exercising reasonable diligence would have been known to the Business Associate. (ii) . Notification shall be provided to one of the contact persons as listed in section d.Covered Entity. (iii) . Notification shall occur within the first business day that follows discovery of the Incident.