Mechanism for Resolving Noncompliance Sample Clauses

Mechanism for Resolving Noncompliance. If the Plan Sponsor or the persons listed on Schedule A who are responsible for monitoring compliance determine that any person described in (1), above, has violated any of the restrictions of this Article VIII, then such individual shall be disciplined in accordance with the policies of the Plan Sponsor established for purposes of privacy and security compliance, up to and including dismissal from employment. The Plan Sponsor shall arrange to maintain records of such violations along with the persons involved, as well as disciplinary and corrective measures taken with respect to each incident.

Mechanism for Resolving Noncompliance. If the Employer’s HIPAA Privacy Officer determines that any person described in (1), above, has violated any of the restrictions of this Article, then such individual shall be disciplined in accordance with the policies of the Employer established for purposes of privacy compliance, up to and including dismissal from employment. The Employer shall maintain records of such violations, which shall include the identities of the persons involved, as well as disciplinary and corrective measures taken with respect to each incident. The Employer further agrees that if it creates, receives, maintains, or transmits any electronic PHI (other than enrollment/disenrollment information and Summary Health Information, which are not subject to these restrictions) on behalf of the Plan, it will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic PHI, and it will ensure that any agents (including subcontractors) to whom it provides such electronic PHI agree to implement reasonable and appropriate security measures to protect the information. The Employer will report to the Plan any security incident of which it becomes aware.