Permitted Uses and Disclosures by Subcontractor. A. Subcontractor may Use or disclose PHI as Required By Law.
B. When using PHI, Subcontractor must take reasonable efforts to limit the Uses of PHI to the Minimum Necessary to accomplish the purpose of the Use, consistent with the Attorney General’s minimum-necessary policy (see Subpart J to the Attorney General’s HIPAA Privacy Procedure, attached hereto as Attachment 1).
C. Subcontractor must not Use or disclose PHI in a manner that would violate 45 C.F.R. Part 164, Subpart E (45 C.F.R. §§164.500 – 164.534) if done by the Attorney General, except that Subcontractor may:
1. Use PHI to carry out Subcontractor’s scope of work responsibilities to be performed on behalf of the Attorney General;
2. Disclose PHI to carry out Subcontractor’s scope of work responsibilities to be performed on behalf of the Attorney General, if the Disclosures are Required By Law.
Permitted Uses and Disclosures by Subcontractor. 3.1. Except as otherwise limited in this Agreement, Subcontractor may use or disclose Protected Health Information on behalf of, or to provide services to, Business Associate provided that such use or disclosure of Protected Health Information is: (A) in furtherance of the purposes set forth in the Underlying Services Agreement; and (B) if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by Business Associate.
3.2. Except as otherwise limited in this Agreement, Subcontractor may disclose Protected Health Information for the proper management and administration of Subcontractor, provided that any such disclosures are either: (A) required by law; or
Permitted Uses and Disclosures by Subcontractor. (a) Except as otherwise limited by law, this Agreement or other agreements between the Parties, Subcontractor shall access, use or disclose PHI only for the benefit of Business Associate, and to perform functions, activities, or services on behalf of Business Associate. Subcontractor shall access, use, or disclose only the minimum amount of PHI necessary to perform functions, activities, or services on behalf of Business Associate. In the event of inadvertent access by Subcontractor to more than the minimum necessary amount of Business Associate's PHI, Subcontractor will i) treat all such PHI in accordance with this Business Associate Agreement; ii) promptly notify Business Associate, in accordance with paragraph 3(d) below, of such access; iii) erase, delete, and/or return such PHI as quickly as possible; and
Permitted Uses and Disclosures by Subcontractor. (a) Except as otherwise limited in the Services Agreement and this BAA, Subcontractor may use or disclose Facility Data only for the benefit of the Business Associate or Covered Entity and to perform functions, activities, or services as specified in the Services Agreement or the minimum necessary policies and procedures of the Business Associate. Subcontractor warrants and represents that each of the data elements of any PHI that it may access on behalf of Business Associate is minimally necessary to permit Subcontractor to provide the services under the Services Agreement.
(b) Except as otherwise limited in the Services Agreement and this BAA, Subcontractor may use or disclose Facility Data for the proper management and administration of the Subcontractor or to carry out the legal responsibilities of the Subcontractor, provided that (i) the disclosure is required by law, or (ii) the Subcontractor obtains reasonable assurances from the person to whom the information is disclosed that such information will remain confidential and used or further disclosed solely as required by law or for the purpose of assisting Subcontractor to meet Subcontractor’s obligations under the Services Agreement and the person agrees to notify Subcontractor of any instances of which it is aware in which the confidentiality of the information has been Breached.
(c) Except as otherwise limited in the Services Agreement and this BAA, Subcontractor may use PHI to provide data aggregation services only for Business Associate or Covered Entity. Subcontractor shall not sell or otherwise transfer for value to any third party aggregated or de-identified data.
Permitted Uses and Disclosures by Subcontractor. 5.1 General Uses and Disclosures. SUBCONTRACTOR agrees to receive, create, use, or disclose PHI only as permitted by this Agreement, the HIPAA Rules, and only in connection with providing services to Company; provided that the use or disclosure would not violate the HIPAA Rules.
5.2 SUBCONTRACTOR may use or disclose PHI as Required by Law.
5.3 Except as otherwise provided in this Agreement, SUBCONTRACTOR may:
5.3.1 Use PHI for the proper management and administration of SUBCONTRACTOR, or to carry out its legal responsibilities.
5.3.2 Disclose PHI for the proper management and administration of SUBCONTRACTOR or to carry out legal responsibilities of SUBCONTRACTOR, provided that the disclosures are Required by Law, in accordance with the HIPAA Rules or SUBCONTRACTOR obtains prior written consent from the subject individual.
5.3.3 Use PHI to provide Data Aggregation Services to Company as permitted under the HIPAA Rules.
Permitted Uses and Disclosures by Subcontractor. (a) Except as otherwise limited by law, this Agreement or other agreements between the Parties, Subcontractor shall access, use or disclose PHI only for the benefit of Business Associate or Covered Entity, and to perform functions, activities, or services on behalf of Business Associate or Covered Entity. Subcontractor shall use only the minimum amount of PHI necessary to perform functions, activities, or services on behalf of Business Associate and shall prevent unnecessary use or disclosure of PHI. In the event of inadvertent access by Subcontractor to more than the minimum necessary amount of Business Associate's PHI, Subcontractor will i) treat all such PHI in accordance with this Business Associate Agreement; ii) promptly notify Business Associate, in accordance with paragraph 3(d) below, of such access; iii) erase/delete/permanently destroy, and/or return such PHI, as directed by the Business Associate, as quickly as possible; and
Permitted Uses and Disclosures by Subcontractor a. Except as otherwise limited by this Agreement, Subcontractor may make any Uses and Disclosures of PHI necessary to perform its services to Business Associate and otherwise meet its obligations under this Agreement, if such Use or Disclosure would not violate the Privacy Rule, or the privacy provisions of the HITECH Act, if done by Business Associate. All other Uses or Disclosures by Subcontractor not authorized by this Agreement, or by specific instruction of Business Associate, are prohibited.
b. Except as otherwise limited in this Agreement, Subcontractor may Use PHI for the proper management and administration of the Subcontractor or to carry out the legal responsibilities of the Subcontractor.
c. Except as otherwise limited in this Agreement, Subcontractor may Disclose PHI for the proper management and administration of the Subcontractor, provided that Disclosures are Required By Law, or Subcontractor obtains reasonable assurances from the person to whom the information is Disclosed that it will remain confidential and used, or further Disclosed, only as Required By Law, or for the purpose for which it was Disclosed to the person, and the person notifies the Subcontractor of any instances of which it is aware in which the confidentiality of the information has been breached.
d. Except as otherwise limited in this Agreement, Subcontractor may Use PHI to provide Data Aggregation services to Business Associate as permitted by 45 CFR §164.504(e)(2)(i)(B). Subcontractor agrees that such Data Aggregation services will be provided to Business Associate only when such Data Aggregation services pertain to Health Care Operations. Subcontractor further agrees that such services will not be provided in a manner that would result in Disclosure of PHI to another business associate who was not the originator or lawful possessor of such PHI. Further, Subcontractor agrees that any such wrongful Disclosure of PHI is a direct violation of this Agreement and must be reported to Business Associate immediately after the Subcontractor becomes aware of such Disclosure and, under no circumstances, later than three (3) business days after the Disclosure.
e. Subcontractor may Use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR §164.502(j)(1).
f. Subcontractor will make Uses, Disclosures, and requests for PHI consistent with the Minimum Necessary principle as Required by Law.
Permitted Uses and Disclosures by Subcontractor. (A) Except as otherwise limited by this Agreement, the Subcontractor may use or disclose PHI to perform functions, activities or services for or on behalf of Business Associate as contemplated by the Underlying Agreements between the Parties; provided that such use or disclosure does not violate HIPAA, as defined above, if done by Covered Entity or Business Associate.
(B) Except as otherwise limited by this Agreement, the Subcontractor may use PHI for the proper management and administration of Subcontractor or to carry out the present and/or future legal responsibilities of Subcontractor.
(C) Except as otherwise limited by this Agreement, the Subcontractor may disclose PHI for the proper management and administration of Subcontractor, or that disclosures are Required by Law, provided that Subcontractor obtains reasonable assurances from the recipient to whom the PHI is disclosed that it will remain confidential and be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the recipient, and the recipient notifies the Subcontractor of any breaches in the confidentiality of the PHI.
(D) Subcontractor may use PHI to report violations of law to appropriate federal and state authorities, consistent with 45 C.F.R. § 164.502(j)(1).
Permitted Uses and Disclosures by Subcontractor. 2.1. Except as otherwise limited by law, this Agreement or other agreements between the Parties, Subcontractor shall access, use or disclose PHI only for the benefit of Business Associate or Covered Entity, and to perform functions, activities, or services on behalf of Business Associate or Covered Entity. Subcontractor shall use only the minimum amount of PHI necessary to perform functions, activities, or services on behalf of Business Associate and shall prevent unnecessary use or disclosure of PHI. In the event of inadvertent access by Subcontractor to more than the minimum necessary amount of Business Associate's PHI, Subcontractor will (i) treat all such PHI in accordance with this Business Associate Agreement; (ii) promptly notify Business Associate, in accordance with paragraph
Permitted Uses and Disclosures by Subcontractor. The subcontractor may only use or disclose protected health information as necessary to perform the services set forth in the ASLI Interpreter Agreement, including providing requested information on all timesheets.