Common use of HIPAA Requirements Clause in Contracts

HIPAA Requirements. Vendor agrees to comply with the applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320d through d-8 ("HIP AA"), and the requirements of any regulations promulgated thereunder including without limitation the federal privacy regulations as contained in 45 CFR Part 164 (the "Federal Privacy Regulations") and the federal security standards as contained in 45 CFR Part 142 (the "Federal Security Regulations"). Vendor agrees not to use or further disclose any protected health information, as defined in 45 CFR 164.504, or individually identifiable health information, as defined in 42 U.S.C. § 1320d (collectively, the "Protected Health Information"), concerning a patient other than as permitted by this Agreement and the requirements of HIP AA or regulations promulgated under HIPAA, including without limitation the Federal Privacy Regulations and the Federal Security Regulations. Vendor will implement appropriate safeguards to prevent the use or disclosure of a patient's Protected Health Information other than as provided for by this Agreement. Vendor will promptly report to "HPG and/or Purchaser" any use or disclosure of a patient's Protected Health Information not provided for by this Agreement or in violation of HIPAA, the Federal Privacy Regulations, or the Federal Security Regulations of which Vendor becomes aware. In the event Vendor, with "HPG and/or Purchaser's approval, contracts with any Vendors or agents to whom Vendor provides a patient's Protected Health Information received from Vendor, Vendor shall include provisions in such agreements whereby the Vendor and agent agree to the same restrictions and conditions that apply to Vendor with respect to such patient's Protected Health Information. Vendor will make its internal practices, books, and records relating to the use and disclosure of a patient's Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations and the Federal Security Regulations. Notwithstanding the foregoing, no attorney-client, accountant-client, or other legal privilege shall be deemed waived by Vendor or "HPG and/or Purchaser" by virtue of this Section. Any violation of this provision shall be considered a material breach of this Agreement, conferring on HPG the right to terminate this Agreement immediately without any right of Vendor to cure such breach.

Appears in 2 contracts

Samples: Purchasing Agreement (Diasys Corp), Purchasing Agreement (Diasys Corp)

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HIPAA Requirements. Vendor Global agrees to comply with the applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § ss. 1320d through d-8 ("HIP AAHIPAA"), and the requirements of any regulations promulgated thereunder including without limitation the federal privacy regulations as contained in 45 CFR C.F.R. Part 164 (the "Federal Privacy Regulations") and the federal security standards as contained in 45 CFR C.F.R. Part 142 (the "Federal Security Regulations"). Vendor Global agrees not to use or further disclose any protected health information, as defined in ss. 45 CFR C.F.R. 164.504, or individually identifiable health information, as defined in 42 U.S.C. § 1320d ss.1320d (collectively, the "Protected Health Information"), concerning a patient other than as permitted by this Agreement and the requirements of HIP AA HIPAA or regulations promulgated under HIPAA, HIPAA including without limitation the Federal Privacy Regulations and the Federal Security Regulations. Vendor Global will implement appropriate safeguards to prevent the use or disclosure of a patient's Protected Health Information other than as provided for by this Agreement. Vendor Global will promptly report to "HPG and/or Purchaser" Ivivi any use or disclosure of a patient's Protected Health Information not provided for by this Agreement or in violation of HIPAA, the Federal Privacy Regulations, or the Federal Security Regulations of which Vendor Global becomes aware. In the event VendorGlobal, with "HPG and/or PurchaserIvivi's approval, contracts subcontracts with any Vendors or agents Person to whom Vendor either Global or Ivivi provides a patient's Protected Health Information received from VendorInformation, Vendor Global shall include provisions in such agreements whereby the Vendor other Person and agent Global agree to the same restrictions and conditions that apply to Vendor Global with respect to such patient's Protected Health Information. Vendor Global will make its internal practices, books, and records relating to the use and disclosure of a patient's Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations and the Federal Security Regulations. Notwithstanding the foregoing, no attorney-client, accountant-client, or other legal privilege shall be deemed waived by Vendor Ivivi or "HPG and/or Purchaser" Global by virtue of this Section. Any violation of this provision shall be considered a material breach of this Agreement, conferring on HPG the right to terminate this Agreement immediately without any right of Vendor to cure such breach.

Appears in 2 contracts

Samples: Distribution Agreement (Ivivi Technologies, Inc.), Distribution Agreement (Adm Tronics Unlimited Inc/De)

HIPAA Requirements. Vendor agrees to comply with the applicable ------------------ provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § (S) 1320d through d-8 ("HIP AAHIPAA"), and the requirements of any regulations promulgated thereunder including without limitation the federal privacy regulations as contained in 45 CFR Part 164 (the "Federal Privacy Regulations") and the federal security standards as contained in 45 CFR Part 142 (the "Federal Security Regulations"). Vendor agrees not to use or further disclose any protected health information, as defined in 45 CFR 164.504, or individually identifiable health information, as defined in 42 U.S.C. § (S) 1320d (collectively, the "Protected Health Information"), concerning a patient other than as permitted by this Agreement and the requirements of HIP AA HIPAA or regulations promulgated under HIPAA, including without limitation the Federal Privacy Regulations and the Federal Security Regulations. Vendor will implement appropriate safeguards to prevent the use or disclosure of a patient's Protected Health Information other than as provided for by this Agreement. Vendor will promptly report to "HPG and/or Purchaser" any use or disclosure of a patient's Protected Health Information not provided for by this Agreement or in violation of HIPAA, the Federal Privacy Regulations, or the Federal Security Regulations of which Vendor becomes aware. In the event Vendor, with "HPG and/or Purchaser's approval, contracts with any Vendors or agents to whom Vendor provides a patient's Protected Health Information received from Vendor, Vendor shall include provisions in such agreements whereby the Vendor and agent agree to the same restrictions and conditions that apply to Vendor with respect to such patient's Protected Health Information. Vendor will make its internal practices, books, and records relating to the use and disclosure of a patient's Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations and the Federal Security Regulations. Notwithstanding the foregoing, no attorney-attorney- client, accountant-client, or other legal privilege shall be deemed waived by Vendor or "HPG and/or Purchaser" by virtue of this Section. Any violation of this provision shall be considered a material breach of this Agreement, conferring on HPG the right to terminate this Agreement immediately without any right of Vendor to cure such breach.

Appears in 1 contract

Samples: Purchasing Agreement (Sri Surgical Express Inc)

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HIPAA Requirements. Vendor HealthGate agrees to comply with the applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § Section 1320d through d-8 ("HIP AAHIPAA"), and the requirements of any regulations promulgated thereunder including without limitation the federal privacy regulations as contained in 45 CFR Part 164 (the "Federal Privacy Regulations") and the federal security standards as contained in 45 CFR Part 142 (the "Federal Security Regulations"). Vendor HealthGate agrees not to use or further disclose any protected health information, as defined in 45 CFR 164.504, or individually identifiable health information, as defined in 42 U.S.C. § Section 1320d (collectively, the "Protected Health Information"), concerning a patient other than as permitted by this Agreement and the requirements of HIP AA HIPAA or regulations promulgated under HIPAA, including without limitation the Federal Privacy Regulations and the Federal Security Regulations. Vendor HealthGate will implement appropriate safeguards to prevent the use or disclosure of a patient's Protected Health Information other than as provided for by this Agreement. Vendor HealthGate will promptly report to "HPG IT&S and/or PurchaserAffiliate" any use or disclosure of a patient's Protected Health Information not provided for by this Agreement or in violation of HIPAA, the Federal Privacy Regulations, or the Federal Security Regulations of which Vendor HealthGate becomes aware. In the event VendorHealthGate, with "HPG IT&S and/or PurchaserAffiliate's approval, contracts with any Vendors Providers or agents to whom Vendor HealthGate provides a patient's Protected Health Information received from VendorProvider, Vendor HealthGate shall include provisions in such agreements whereby the Vendor Provider and agent agree to the same restrictions and conditions that apply to Vendor HealthGate with respect to such patient's Protected Health Information. Vendor HealthGate will make its internal practices, books, and records relating to the use and disclosure of a patient's Protected Health Information available to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations and the Federal Security Regulations. Notwithstanding the foregoing, no attorney-client, accountant-client, or other legal privilege shall be deemed waived by Vendor HealthGate or "HPG IT&S and/or PurchaserAffiliate" by virtue of this Section. Any violation of this provision shall be considered a material breach of this Agreement, conferring on HPG IT&S the right to terminate this Agreement immediately without any right of Vendor HealthGate to cure such breach.

Appears in 1 contract

Samples: Content Agreement (Healthgate Data Corp)

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