Obligations When Acting as Covered Entity Sample Clauses

Obligations When Acting as Covered Entity. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under 45 Part 164, Subpart E, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligations. Agents and Subcontractors. As required by 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), Business Associate shall enter into a written agreement with all Subcontractors to whom it provides Protected Health Information, which agreement shall include and require that such Subcontractor comply with the same restrictions, conditions, and obligations that apply under this BAA to Business Associate with respect to such Protected Health Information. Business Associate shall also require all agents to whom it provides PHI to comply with the same restrictions, conditions and obligations that apply under this BAA to Business Associate with respect to such PHI. If Business Associate becomes aware of a pattern or practice of activity of an agent or Subcontractor that would constitute a material breach or violation of the written agreement between Business Associate and such agent or Subcontractor, Business Associate shall take reasonable steps to cure such breach or terminate such written agreement or arrangement with such agent or Subcontractor. Business Associate must report to Covered Entity all suspected breaches made by agents and Subcontractors within ten (10) business days of discovering the possible breach. Business Associate is obligated to have in place reasonable and effective methods to monitor agent and subcontractor compliance with this BAA.
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Obligations When Acting as Covered Entity. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under 45 Part 164, Subpart E, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligations.
Sample 1Sample 2
Obligations When Acting as Covered Entity. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under 45 Part 164, Subpart E, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligations. Agents and Subcontractors. As required by 45 C.F.R. sections 164.502(e)(1)(ii) and 164.308(b)(2), Business Associate shall enter into a written agreement with all Subcontractors to whom it provides Protected Health Information, which agreement shall include and require that such Subcontractor comply with the same restrictions, conditions, and obligations that apply under this BAA to Business Associate with respect to such Protected Health Information. Business Associate shall also require all agents to whom it provides PHI to comply with the same restrictions, conditions and obligations that apply under this BAA to Business Associate with respect to such PHI. If Business Associate becomes aware of a pattern or practice of activity of an agent or Subcontractor that would constitute a material breach or violation of the written agreement between Business Associate and such agent or Subcontractor, Business Associate shall take reasonable steps to cure such breach or terminate such written agreement or arrangement with such agent or Subcontractor. Business Associate must report to Covered Entity all suspected breaches made by agents and Subcontractors within ten (10) business days of discovering the possible breach. Business Associate is obligated to have in place reasonable and effective methods to monitor agent and subcontractor compliance with this BAA. Make internal practices, books, and records, including policies and procedures, relating to the Use and Disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary, in a time and manner designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the HIPAA Rules. In the event such a request comes directly from the Secretary to the Business Associate, Business Associate agrees to notify the Covered Entity of such request, unless prohibited by the Secretary or legal process and reasonably collaborate with Covered Entity in the preparation of the response. Business Associate shall not directly or indirectly receive remuneration in exchange for any PHI in compliance with 42 U.S.C. sections 17935(d) as of its Compliance Date. Business...
Sample 1

Related to Obligations When Acting as Covered Entity

  • Obligations of Covered Entity (1) Covered Entity shall notify Business Associate of any limitations in its notice of privacy practices of Covered Entity, in accordance with 45 C.F.R. § 164.520, or to the extent that such limitation may affect Business Associate’s use or disclosure of PHI. (2) Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual(s) to use or disclose PHI, to the extent that such changes may affect Business Associate’s use or disclosure of PHI. (3) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

  • Obligations of Business Associate Upon Termination Upon termination of this Agreement for any reason, business associate shall return to covered entity or, if agreed to by covered entity, destroy all protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, that the business associate still maintains in any form. Business associate shall retain no copies of the protected health information.

  • Obligations of Business Associate a. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law. b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware. e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected Health Information in a Designated Record Set to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526. h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, or to the Davidson County Department of Social Services, in a time and manner designated by the Secretary, for purposes of the Davidson County Department of Social Services determining Covered Entity's compliance with the Privacy Rule. i. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an Individual to permit such a response.

  • THE CONTRACTS (RIGHTS OF THIRD PARTIES ACT 1999

  • Obligations and Activities of Business Associate Business Associate agrees to: a. Not use or disclose Protected Health Information other than as permitted or required by this BAA, the Agreement, or as required by law; b. Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent Use or Disclosure of Protected Health Information other than as provided for by this BAA; c. Report to Covered Entity any Use or Disclosure of Protected Health Information not provided for by this BAA of which it becomes aware, including breaches of Unsecured Protected Health Information as required at 45 CFR 164.410, and any Security Incident of which it becomes aware; d. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any Subcontractors that create, receive, maintain, or transmit Protected Health Information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to Business Associate with respect to such information; e. Make available Protected Health Information in a Designated Record Set to Covered Entity or to an individual whose Protected Health Information is maintained by Business Associate, or the individual’s designee, and document and retain the documentation required by 45 CFR 164.530(j), as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.524; f. Make any amendment(s) to Protected Health Information in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.526; g. Maintain and make available the information required to provide an accounting of Disclosures to the Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 CFR 164.528; h. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s); and i. Make its internal practices, books, and records available to the Secretary for purposes of determining Business Associate’s or Covered Entity’s compliance with HIPAA and HIPAA Regulations.

  • Contracts (Rights of Third Parties ACT 1999

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