Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate agrees as follows:
Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate shall (i) provide access to, and permit inspection and copying of, PHI by Covered Entity or, as directed by Covered Entity, an individual who is the subject of the PHI under conditions and limitations required under 45 CFR §164.524, as it may be amended from time to time, and (ii) amend PHI maintained by Business Associate as requested by Covered Entity. Business Associate shall respond to any request from Covered Entity for access by an individual within five (5) days of such request and shall make any amendment requested by Covered Entity within ten (10) days of such request. Any information requested under this Section 4 shall be provided in the form or format requested, if it is readily producible in such form or format. Business Associate may charge a reasonable fee based upon the Business Associate’s labor costs in responding to a request for electronic information (or a cost- based fee for the production of non-electronic media copies). Covered Entity shall determine whether a denial is appropriate or an exception applies. Business Associate shall notify Covered Entity within five (5) days of receipt of any request for access or amendment by an individual. Covered Entity shall determine whether to grant or deny any access or amendment requested by the individual. Business Associate shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set, as requested by Covered Entity.
Individual Rights Regarding Designated Record Sets. Covered Entity shall maintain the original Designated Record Set and, therefore, it is not anticipated that Business Associate will maintain any records subject to an Individual's right to access and copy records. When notified by Covered Entity, Business Associate shall make amendments or corrections to PHI as instructed by Covered Entity. Covered Entity shall be solely responsible to the Individual for accepting or rejecting an amendment requested by the Individual. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate agrees as follows:
a. Individual Right to Copy or Inspection. Business Associate agrees it will permit an Individual to inspect or copy PHI about said Individual in that set as directed by Covered Entity to meet the requirements of 45 C.F.R. § 164.524. Under the Privacy Rule, Covered Entity is required to take action on such requests as soon as possible, but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline. The information shall be provided in the form or format requested if it is readily producible in such form or format; or in summary, if the Individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying health information may be charged. If Covered Entity maintains the requested records, Covered Entity, rather than Business Associate shall permit access according to its policies and procedures implementing the Privacy Rule.
Individual Rights Regarding Designated Record Sets. If BA maintains a Designated Record Set on behalf of CE, XX agrees as follows:
Individual Rights Regarding Designated Record Sets. Covered Entity shall maintain the original Designated Record Set and, therefore, it is not anticipated that Business Associate will maintain any records subject to an Individual’s right to access and copy records. When notified by Covered Entity, Business Associate shall make amendments or corrections to PHI only as instructed by Covered Entity. Covered Entity shall be solely responsible to the Individual for accepting or rejecting an amendment requested by the Individual. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate will do so according to 45 CFR 164.526.
Individual Rights Regarding Designated Record Sets. If Business Associate maintains PHI in a Designated Record Set, it shall upon request of Covered Entity (i) provide prompt access to, and permit inspection and copying of, PHI by Covered Entity; and (ii) amend PHI maintained by Business Associate.
Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate agrees as follows:
a. Business Associate agrees, if it maintains PHI in a Designated Record Set, it will permit an Individual to inspect or copy PHI at the request and direction of Covered Entity to meet the requirements of 45 C.F.R. § 164.524. If the PHI is in electronic format, the Individual shall have a right to obtain a copy of such information in electronic format and, if the Individual chooses, to direct that an electronic copy be transmitted directly to an entity or person designated by the individual in accordance with HITECH Section 13405(c).
b. Business Associate agrees, if it maintains PHI in a Designated Record Set, to make amendments to PHI at the request and direction of Covered Entity to meet the requirements of 45 C.F.R. 164.526.
c. Business Associate agrees, if it maintains PHI in a Designated Record Set, to maintain the required documentation to provide an accounting of disclosures of PHI at the request and direction of Covered Entity to meet the requirements of 45 C.F.R. § 164.528 and HITECH Sub Title D Title IV Section 13405(c).
Individual Rights Regarding Designated Record Sets. It is not anticipated that FACT will maintain information in a Designated Record Set that is not also maintained by the Surveyed Organization. However, if there is a circumstance in which FACT maintains a Designated Record Set of information not also maintained by the Surveyed Organization, FACT agrees:
(a) to incorporate any amendments or corrections to PHI maintained by FACT as requested by the Surveyed Organization; and
(b) to make available to the Surveyed Organization the PHI necessary for the Surveyed Organization to respond to an Individual’s request to inspect or copy PHI about the Individual in that set under conditions and limitations required under 45 CFR § 164.524 as it may be amended from time to time. Because the Surveyed Organization is required to take action on such requests as soon as possible, but not later than 30 days following receipt of the request, FACT agrees to make reasonable efforts to assist the Surveyed Organization in meeting this deadline.
Individual Rights Regarding Designated Record Sets. If ASSOCIATE maintains a Designated Record Set on behalf of Authority, ASSOCIATE shall: (i) provide access to, and permit inspection and copying of PHI by Authority or, as directed by Authority, an individual who is the subject of the PHI under conditions and limitations required under 45 CFR §164.524, as it may be amended from time to time; and (ii) amend PHI maintained by ASSOCIATE as requested by Authority. ASSOCIATE shall respond to any request from Authority for access by an individual within five (5) days of such request and shall make any amendment requested by Authority within ten (10) days of such request. The information shall be provided in the form or format requested, if it is readily producible in such form or format, or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost- based fee for copying PHI may be charged. Authority shall determine whether a denial is appropriate or an exception applies. ASSOCIATE shall notify Authority within five (5) days of receipt of any request for access or amendment by an individual. Authority shall determine whether to grant or deny any access or amendment requested by the individual. ASSOCIATE shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set, as requested by Authority.
Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of Facility, Business Associate shall (a) permit an individual to inspect or copy PHI contained in that set about the individual under conditions and limitations required under 45 CFR § 164.524, as it may be amended from time to time, and (b) amend PHI maintained by Business Associate as requested by Facility. Business shall respond to any requests from Facility for access by an individual within five (5) days of such request and shall make any amendment requested by Facility within ten (10) days of such request. The information shall be provided in the form or format requested, if it is readily producible in such form or format, or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying PHI may be charged. Business Associate shall accommodate an individual’s right to have access to PHI about the individual in a Designated Record Set in accordance with the Privacy Standards set forth at 45 CFR § 164.526, as it may be amended from time to time, unless the regulation provides for a denial or an exception expressly applies. Facility shall determine whether a denial is appropriate or an exception applies. Business Associate shall notify Facility within five (5) days of receipt of any request for access or amendment by an individual. Business Associate shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set. This section 4 of the Agreement shall become effective on April 14, 2003 or on such later date that compliance with the federal Privacy Standards is required by the regulations, subject to any earlier state laws requirements.
