Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition: a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement. c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 5 contracts
Samples: Payer Participation Agreement, Payer Participation Agreement, Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. (a) Business Associate may Use only use or Disclose disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in this BA Agreement and the Participation Service Agreement, provided that such Use use or Disclosure disclosure complies with the HIPAA Rules. Business Associate acknowledges and agrees that it acquires no title or ownership rights to the Protected Health Information, including any de-identified information, as a result of this BA Agreement.
(b) Business Associate may use or disclose Protected Health Information as Required By Law.
(c) Business Associate agrees to make uses and disclosures and requests for Protected Health Information consistent with HIPAA and any of Covered Entity's Minimum Necessary policies and procedures provided to Business Associate and Covered Entity's Notice of Privacy Practices. Covered Entity's Minimum Necessary policies and procedures are consistent with 45 C.F.R. §164.514(d), and Business Associate agrees to comply with the provisions of that rule.
(d) Business Associate may not use or disclose Protected Health Information in a manner that would not violate the Privacy Rule Subpart E of 45 C.F.R. Part 164 if done by the Covered Entity. In addition:, except for the specific uses and disclosures set forth below.
a. Except as otherwise limited in this Agreement, (e) Business Associate may Use or Disclose use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of Business Associate.
(f) Business Associate may disclose Protected Health Information for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that in the event of Disclosuresdisclosures are Required By Law, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, assurances from the person to whom the information is disclosed that it the information will remain confidential and used or further disclosed only as Required by By Law or for the purpose purposes for which it was disclosed to the person, and that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. (g) Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity relating to the extent provided for in the Participation AgreementHealth Care Operations of Covered Entity.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 4 contracts
Samples: Commercial Group Agent Agreement, Producer Agreement, Producer Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 3 contracts
Samples: Hie Participation Agreement, Hie Participation Agreement, Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable obtainsreasonable assurances, in a form substantially similar to a Business Associate Agreement, from the person Individual 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 personIndividual, and that the person Individual notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-De- identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 3 contracts
Samples: Hie Participation Agreement, Hie Participation Agreement, Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in awarein which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the limitingthe generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 3 contracts
Samples: Payer Participation Agreement, Payer Participation Agreement, Payer Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. (a) Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. (b) Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. (c) Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 3 contracts
Samples: Healthcare Agreements, Healthcare Agreements, Healthcare Agreements
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity PO as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered EntityPO. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity PO to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 2 contracts
Samples: Business Associate Agreement, Business Associate Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable obtainsreasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-De- identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 2 contracts
Samples: Hie Participation Agreement, Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, from the person Individual 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 personIndividual, and that the person Individual notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-De- identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 2 contracts
Samples: Hie Participation Agreement, Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable obtainsreasonable assurances, in a form substantially similar to a Business Associate Agreement, from the person Individual 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 personpersonIndividual, and that the person Individual notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-De- identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 1 contract
Samples: Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the limitingthe generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 1 contract
Samples: Payer Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable obtainsreasonable assurances, in a form substantially similar to a Business Associate Agreement, from the person Individual 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 personperson Individual, and that the person personIndividual notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-De- identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 1 contract
Samples: Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, provided that such Use or Disclosure would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, from the person Individual 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.Required
b. Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses Permitted Purposes and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-De- identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use.
Appears in 1 contract
Samples: Hie Participation Agreement
Permitted Uses and Disclosures of Protected Health Information by Business Associate. Business Associate may Use or Disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Participation Agreement, including, but not limited to Uses and Disclosures for Treatment, Emergency Treatment, Payment, Limited Health Care Operations, Public Health Reporting Purposes, and approved Public Health Use Cases, provided that such Use Uses or Disclosure Disclosures would not violate the Privacy Rule if done by the Covered Entity. In addition:
a. (a) Except as otherwise limited in this Agreement, Business Associate may Use or Disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out legal responsibilities of Business Associate, provided that in the event of Disclosures, the Disclosure is Required by Law or Business Associate obtains reasonable assurances, in a form substantially similar to a Business Associate Agreement, 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 that the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
b. (b) Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity to the extent provided for in the Participation Agreement.
c. (c) Business Associate agrees that it will not De-identify any PHI to which it has access under the Participation Agreement except as for a purpose permitted under the Participation Agreement, such as Management Uses and subject to any approvals required for such use under the Participation Agreement or permitted under this Agreement. Without limiting the generality of the foregoing, and regardless of what may be permitted under Applicable Law, Business Associate will not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate such PHI, even if De-identified, or derive from such PHI, even if De-identified, any list, compilation, abstraction, or other information to use for a business purpose of Business Associate that is unrelated to the services Business Associate provides under the Participation Agreement (“Secondary Use”) or allow access to the PHI or any derivation of it to a third party (even if related to Business Associate) for a Secondary Use).
Appears in 1 contract
Samples: Health Information Exchange Participation Agreement