Common use of Individual Rights Regarding Designated Record Sets Clause in Contracts

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. 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, Entity Business Associate agrees as follows: a. (a) Individual Right to Copy or Inspection. Business Associate agrees that if it maintains a Designated Record Set for Covered Entity that is not maintained by Covered Entity, it will permit an Individual to inspect or copy PHI about said the 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 deadlinewill meet the applicable deadline set forth under the Privacy Rule or other applicable state law legal requirement. 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, in accordance with all applicable federal and state legal requirements. 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. (b) Individual Right to Amendment. 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 pursuant to 45 C.F.R. 164.526. If Business Associate maintains a record in a Designated Record Set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an Individual’s request to amend PHI only in conjunction with a determination by Covered Entity that the amendment is appropriate according to 45 C.F.R. § 164.526.