Minimum Necessary and Limited Data Set. Business Associate’s use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, Business Associate will, in its performance of the functions, activities, services, and operations specified in Section A.1(a) above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of Company’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request.
Minimum Necessary and Limited Data Set. BUSINESS ASSOCIATE’s use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, BUSINESS ASSOCIATE will, in its performance of the functions, activities, services, and operations specified in Section 1.1 above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of COMPANY’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that BUSINESS ASSOCIATE will not be obligated to comply with this minimum necessary limitation with respect to:
A. Disclosure to or request by a health care provider for Treatment;
B. Use for or disclosure to an individual who is the subject of COMPANY’s Protected Health Information, or that individual’s personal representative;
C. Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of COMPANY’s Protected Health Information to be used or disclosed, or by that individual’s personal representative;
D. Disclosure to the United States Department of Health and Human Services (“DHHS”) in accordance with Section 5.1 of this Addendum;
E. Use or disclosure that is Required by Law; or
F. Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2).
Minimum Necessary and Limited Data Set. In any instance when Business Associate Uses, requests or discloses PHI under this Agreement or in accordance with other agreements that exist between Company and Business Associate, Business Associate shall utilize a Limited Data Set, if practicable. Otherwise, Business Associate may Use or disclose only the minimum amount of PHI necessary to accomplish the intended purpose, except that Business Associate will not be obligated to comply with this minimum necessary limitation with respect to:
(i) Disclosure to or request by a Health Care Provider for Treatment;
(ii) Use for or Disclosure to an Individual who is the subject of Company’s PHI, or that Individual’s Personal Representative;
(iii) Use or Disclosure made pursuant to an authorization compliant with 45 C.F.R. §164.508 that is signed by an Individual who is the subject of Company’s PHI to be used or disclosed, or by that Individual’s Personal Representative;
(iv) Disclosure to the United States Department of Health and Human Services (“HHS”) in accordance with Section C(5) of this Agreement;
(v) Use or Disclosure that is Required by Law; or
(vi) Any other Use or Disclosure that is excepted from the Minimum Necessary limitation as specified in 45 C.F.R. §164.502(b)(2).
Minimum Necessary and Limited Data Set. In any instance when Business Associate requests, Uses, or discloses PHI under this Agreement or in accordance with other agreements that exist between Company and Business Associate, Business Associate may request, Use or disclose only the minimum amount of PHI necessary to accomplish the intended purpose. Business Association will Use a Limited Data Set, if applicable. Business Associate will not be obligated to comply with this minimum necessary limitation with respect to requests, Uses, or discloses as outlined in 45 C.F.R. § 164.502(b)(2).
Minimum Necessary and Limited Data Set. Business Associate’s use, disclosure or request of PHI shall utilize a Limited Data Set if practicable. Otherwise, Business Associate will make reasonable efforts to use, disclose, or request only the minimum necessary amount of PHI to accomplish the intended purpose.
Minimum Necessary and Limited Data Set. BlueCross’ use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, BlueCross will, in its performance of the functions, activities, services, and operations specified in Section 1(a) above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of GHP’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that BlueCross will not be obligated to comply with this minimum necessary limitation with respect to:
i. Disclosure to or request by a health care provider for Treatment;
ii. Use for or disclosure to an individual who is the subject of GHP’s Protected Health Information, or that individual’s personal representative;
iii. Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of GHP’s Protected Health Information to be used or disclosed, or by that individual’s personal representative;
iv. Disclosure to the DHHS in accordance with Section 5(a) of this HIPAA Agreement;
v. Use or disclosure that is Required by Law; or
vi. Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2).
Minimum Necessary and Limited Data Set. Business Associate’s use, disclosure or request of PHI shall utilize a Limited Data Set whenever possible. Otherwise, Business Associate shall, in its performance of the functions, activities, services, and operations specified in Section B.1 above, make reasonable efforts to use, to disclose, and to request only the minimum amount of PHI reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that Business Associate shall not be obligated to comply with the minimum necessary limitations with respect to those exceptions specified in 45 C.F.R. § 164.502(b) (2). Business Associate shall comply with the requirements governing the minimum necessary use and disclosure of PHI set forth in the HITECH Act § 13405(b) and any applicable regulations or other guidance issued thereunder.
Minimum Necessary and Limited Data Set. Business Associate’s use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, Business Associate will, in its performance of the functions, activities, services, and operations specified in Section 1(a) above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of Organization’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that Business Associate will not be obligated to comply with this minimum necessary limitation with respect to:
i) Use for or disclosure to an individual who is the subject of Organization’s Protected Health Information, or that individual’s personal representative;
ii) Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of Organization’s Protected Health Information to be used or disclosed, or by that individual’s personal representative;
iii) Disclosure to the United States Department of Health and Human Services (“DHHS”) in accordance with Section 5(a) of this Addendum;
iv) Use or disclosure that is Required by Law; or
v) Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2).
Minimum Necessary and Limited Data Set. Business Associate’s use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, Business Associate will, in its performance of the functions, activities, services, and operations specified in Section A.1(a) above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of Company’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request. In addition, Business Associate also agrees to implement and follow appropriate minimum necessary policies as prescribed by any guidance issued by the United States Department of Health and Human Services.
Minimum Necessary and Limited Data Set. Claim Administrator’s use, disclosure or request of PHI shall utilize a Limited Data Set if practicable. Otherwise, Claim Administrator will, in the performance of its functions and activities under the ASO Agreement and this Addendum, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum necessary amount of PHI to accomplish the intended purpose of the use, the disclosure, or the request, except as permitted in accordance with HIPAA. In addition, Claim Administrator also agrees to implement and follow appropriate minimum necessary policies in the performance of its obligations under this Addendum.
