Common use of Obligations of Associate Clause in Contracts

Obligations of Associate. A. Associate agrees to comply with those provisions of the HITECH Act that relate to security of PHI. Associate shall not use or disclose PHI other than as permitted in the course of providing services to Provider, or as required by law. B. Associate shall take reasonable and appropriate safeguards to reasonably protect the confidentiality of PHI and use appropriate safeguards to prevent its disclosure to others. C. Associate shall use reasonable commercial efforts to mitigate any harmful effect known to Associate of a use or disclosure of PHI by Associate in violation of this Agreement. D. Associate shall report to Provider if it becomes aware of any use or disclosure of PHI not provided for by this Agreement. E. Associate agrees to ensure that any agents and subcontractors to whom Associate provides PHI agree to the same conditions restrictions and restrictions that apply through this Agreement to Associate and that such agents and subcontractors implement reasonable and appropriate safeguards with respect to PHI. F. Associate shall document disclosures of PHI and information related to such disclosures to respond to a request by a Provider for an accounting of disclosures of PHI and provide this accounting to Provider within 40 days of receiving a written request from Provider, at the address specified by Provider in the request. Associate may charge the Provider a reasonable and customary fee for providing this service.