Permitted Uses and Disclosures of PHI by HeL. Except as otherwise specified in this Agreement, HeL may use and disclose the PHI as reasonably necessary to perform its obligations under the Underlying Contract, provided that such use or disclosure does not violate the HIPAA Rules. Unless otherwise limited herein, HeL may: a. Use the PHI in its possession for its proper management and administration of HeL, as defined in HeL’s Policies and Procedures, and to carry out the legal responsibilities of HeL. b. Disclose the PHI in its possession to a third party for the purpose of HeL’s proper management and administration or to carry out the legal responsibilities of HeL, provided that the disclosures are required by law or HeL obtains written 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 HeL of any instances of which it is aware in which the confidentiality of the information has been breached. Such written assurances shall include adherence to the same restrictions and conditions on use and disclosure as apply to HeL herein. Covered Entity acknowledges that such written assurances may differ in form, but will not differ in substance, from this Agreement. c. Provide Data Aggregation Services as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B) and the Underlying Contract. d. Use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. § 164.502(j)(1). To the extent permitted by applicable law, prior to disclosing PHI as required by law to a law enforcement, regulatory, administrative, or oversight agency, or in response to a subpoena, court order, civil investigative demand, or other compulsory document or lawful process, HeL shall notify Covered Entity of such pending disclosure and provide reasonable time for Covered Entity to oppose such disclosure, should Covered Entity deem such opposition necessary; provided, however, that if Covered Entity does not respond to HeL regarding such opposition prior to the date on which such disclosure must be made, HeL may, in its own discretion, disclose PHI as required by law.
Appears in 7 contracts
Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement