Common use of Minimum Necessary Requirements Clause in Contracts

Minimum Necessary Requirements. Each Participant Member shall satisfy the Minimum Necessary Requirements as if they applied to EHI when it Uses or Discloses EHI and when the Participant Member requests EHI in the context of the applicable Framework Agreement. The Minimum Necessary Requirements shall apply to a Participant Member regardless of whether it is a Covered Entity or a Business Associate when it requests, Uses, or Discloses EHI. Any Minimum Necessary provisions set forth in the HIPAA Rules (e.g., 45 CFR §164.514(d)) that include conditions shall also apply to the Participant Member when Using, Disclosing or requesting EHI if such provisions are applicable. In addition, the Minimum Necessary Requirements do not apply under certain circumstances set forth in the HIPAA Rules including the following: (i) a Disclosure of PHI to or request by a health care provider for Treatment; (ii) a Disclosure to an Individual who is the subject of the information; (iii) a Disclosure pursuant to an Individual’s authorization under 45 CFR § 164.508; or (iv) Disclosures that are required by law as described in 45 CFR § 164.512(a). These exclusions apply to a Participant Member with regard to EHI.

Minimum Necessary Requirements. Each Participant Member shall satisfy the Minimum Necessary Requirements as if they applied to EHI when it Uses or Discloses EHI and for applicable Exchange Purposes or when the Participant Member requests EHI in the context of the applicable Framework Agreement. The Minimum Necessary Requirements shall apply to a Participant Member regardless of whether it is a Covered Entity or a Business Associate when it requests, Uses, or Discloses EHI. Any Minimum Necessary provisions set forth in the HIPAA Rules (e.g., 45 CFR §164.514(d)) that include conditions shall also apply to the Participant Member when Using, Disclosing or requesting EHI if such provisions are applicable. In addition, the Minimum Necessary Requirements do not apply under certain circumstances set forth in the HIPAA Rules including the following: (i) a Disclosure of PHI to or request by a health care provider for Treatment; (ii) a Disclosure to an Individual who is the subject of the information; (iii) a Disclosure pursuant to an Individual’s authorization under 45 CFR § 164.508; or (iv) Disclosures that are required by law as described in 45 CFR § 164.512(a). These exclusions apply to a Participant Member with regard to EHI.

Minimum Necessary Requirements. Each Participant Member A QHIN shall satisfy the Minimum Necessary Requirements as if they applied to EHI when it Uses or Discloses EHI and when the Participant Member QHIN requests EHI in the context of the applicable Framework Common Agreement. The Minimum Necessary Requirements shall apply to a Participant Member regardless of whether it is a Covered Entity or a Business Associate QHIN when it requests, Uses, or Discloses EHI. Any Minimum Necessary provisions set forth in the HIPAA Rules (e.g., 45 CFR §§ 164.514(d)) that include conditions shall also apply to the Participant Member QHIN when Using, Disclosing or requesting EHI if such provisions are applicable. In addition, the Minimum Necessary Requirements do not apply under certain circumstances set forth in the HIPAA Rules including the following: (i) a Disclosure of PHI to or request by a health care provider for Treatment; (ii) a Disclosure to an Individual who is the subject of the information; (iii) a Disclosure pursuant to an Individual’s authorization under 45 CFR § 164.508; or (iv) Disclosures that are required by law as described in 45 CFR § 164.512(a). These exclusions apply to a Participant Member QHIN with regard to EHI.