HIPAA Requirements. To the knowledge of the Company, the Company and each Company Entity is in compliance with HIPAA, as amended by HITECH, including the federal privacy regulations as contained in 45 C.F.R. Part 164 (the “Federal Privacy Regulations”), the federal security standards as contained in 45 C.F.R. Part 142 (the “Federal Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA Requirements”. To the knowledge of the Company, no Company Entity has used or disclosed any “Protected Health Information,” as defined in 45 C.F.R. § 164.504, or “Individually Identifiable Health Information,” as defined in 42 U.S.C. § 1320d, other than as permitted by HIPAA requirements and the terms of this Agreement. Each Company Entity has made its internal practices, books and records relating to the use and disclosure of Protected Health Information available to, if and as requested by, the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. Each component of the Company or any Company Entity that is a health plan, healthcare clearinghouse or healthcare provider, as such terms are defined in the Federal Privacy Regulations (each a “Covered Entity”), is in compliance with HIPAA, the Federal Privacy Regulations, the Federal Security Regulations or applicable state privacy laws. True and complete copies of each Covered Entity’s policies relating to the privacy of its patients’ Protected Health Information (as defined in 45 C.F.R. § 164.504) have been made available to the Parent. An accurate copy of each Covered Entity’s privacy notice and any policy relating thereto, or the most recent draft thereof, has been furnished or made available to the Parent. An accurate and complete list of all material, individually or in the aggregate, unresolved HIPAA-related complaints filed against or with a Covered Entity is provided in Section 4.8(i) of the Company Disclosure Letter.
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Samples: Merger Agreement (Endo Pharmaceuticals Holdings Inc), Merger Agreement (Healthtronics, Inc.)
HIPAA Requirements. To the knowledge of the Company, the Company and each Company Entity Subsidiary is in compliance in all material respects with the HIPAA, as amended by HITECH, including the federal privacy regulations as contained in 45 C.F.R. Part 164 (the “Federal Privacy Regulations”), the federal security standards as contained in 45 C.F.R. Part 142 (the “Federal Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA Requirements”. .” To the knowledge of the Company, no Company Entity Subsidiary has used or disclosed any “Protected Health Information,” , as defined in 45 C.F.R. § 164.504, or “Individually Identifiable Health Information,” , as defined in 42 U.S.C. § 1320d, other than as permitted by HIPAA requirements and the terms of this Agreement. Each Company Entity Subsidiary has made its internal practices, books and records relating to the use and disclosure of Protected Health Information available to, if and as requested by, to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. .
(i) Each component of the Company or any Company Entity Subsidiary that is a health plan, healthcare clearinghouse or healthcare provider, as such terms are defined in the Federal Privacy Regulations (each a collectively, the “Covered EntityEntities”), is in material compliance with the administrative simplification section of the HIPAA, the Federal Privacy Regulations, the Federal Security Regulations or applicable state privacy laws. .
(ii) True and complete copies of each Covered Entity’s policies relating to the privacy of its patients’ patient’s Protected Health Information (as defined in 45 C.F.R. § 164.504) have been made available to the ParentBuyer. An accurate copy of each Covered Entity’s privacy notice and any policy relating thereto, or the most recent draft thereof, has been furnished or made available to the ParentBuyer. An accurate and complete list of all material, individually or in the aggregate, unresolved HIPAA-related complaints filed against or with a Covered Entity is provided in Section 4.8(i) of the Company Disclosure LetterSchedule 5.16(g).
Appears in 1 contract
Samples: Stock Purchase Agreement (MBF Healthcare Acquisition Corp.)
HIPAA Requirements. To the knowledge of the Company, the (i) The Company and each Company Entity Subsidiary is in material compliance with HIPAA, as amended by HITECH, including the federal privacy regulations as contained in 45 C.F.R. Part 164 (the “Federal Privacy Regulations”), the federal security standards as contained in 45 C.F.R. Part 142 (the “Federal Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA Requirements”. .” To the knowledge Knowledge of the Company, no neither the Company Entity nor any Company Subsidiary has used or disclosed any “Protected Health Information,” , as defined in 45 C.F.R. § 164.504, or “Individually Identifiable Health Information,” , as defined in 42 U.S.C. § 1320d, other than as permitted by HIPAA requirements and the terms of this Agreement. Each Company Entity has made its internal practices, books and records relating to the use and disclosure of Protected Health Information available to, if and as requested by, the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. .
(ii) Each component of the Company or any Company Entity Subsidiary that is a health plan, healthcare health care clearinghouse or healthcare health care provider, as such terms are defined in the Federal Privacy Regulations (each a collectively, the “Covered EntityEntities”), is in material compliance with HIPAA, the Federal Privacy Regulations, the Federal Security Regulations or applicable state privacy laws. .
(iii) True and complete copies of each Covered Entity’s policies relating to the privacy of its patients’ patient’s Protected Health Information (as defined in 45 C.F.R. § 164.504) have been made available to the Parent. An accurate copy of each Covered Entity’s privacy notice and any policy relating thereto, or the most recent draft thereof, has been furnished or made available to the Parent. An accurate and complete list of all material, individually or in the aggregate, unresolved HIPAA-related complaints filed against or with a Covered Entity is provided in Section 4.8(i) of the Company Disclosure LetterSchedule 3.20(h)(iii).
Appears in 1 contract
HIPAA Requirements. To the knowledge of the Company, the Company and each Company Entity Subsidiary is in compliance with HIPAA, as amended by HITECH, including the federal privacy regulations as contained in 45 C.F.R. Part 164 (the “Federal Privacy Regulations”), the federal security standards as contained in 45 C.F.R. Part 142 (the “Federal Security Regulations”), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein as “HIPAA Requirements”. .” To the knowledge of the Company, no Company Entity Subsidiary has used or disclosed any “Protected Health Information,” , as defined in 45 C.F.R. § 164.504, or “Individually Identifiable Health Information,” , as defined in 42 U.S.C. § 1320d, other than as permitted by HIPAA requirements and the terms of this Agreement. Each Company Entity Subsidiary has made its internal practices, books and records relating to the use and disclosure of Protected Health Information available to, if and as requested by, to the Secretary of Health and Human Services to the extent required for determining compliance with the Federal Privacy Regulations. .
(i) Each component of the Company or any Company Entity Subsidiary that is a health plan, healthcare clearinghouse or healthcare provider, as such terms are defined in the Federal Privacy Regulations (each a collectively, the “Covered EntityEntities”), is in compliance with HIPAA, the Federal Privacy Regulations, the Federal Security Regulations or applicable state privacy laws. .
(ii) True and complete copies of each Covered Entity’s policies relating to the privacy of its patients’ patient’s Protected Health Information (as defined in 45 C.F.R. § 164.504) have been made available to the Parent. An accurate copy of each Covered Entity’s privacy notice and any policy relating thereto, or the most recent draft thereof, has been furnished or made available to the Parent. An accurate and complete list of all material, individually or and in the aggregate, unresolved HIPAA-related complaints filed against or with a Covered Entity is provided in Section 4.8(i) of the Company Disclosure LetterSchedule 6.16(i)(ii).
Appears in 1 contract
Samples: Merger Agreement (BioScrip, Inc.)