Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, 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 Contract, provided that such use or disclosure: 1) would not violate the Privacy Rule if done by Covered Entity; or 2) would not violate the minimum necessary policies and procedures of the Covered Entity. b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that: 1) disclosures are Required By Law; or 2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be 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 Business Associate 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 or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B). e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Contract or other applicable law or agreements.
Appears in 38 contracts
Samples: Contract, Contract, Hosting and Maintenance Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, 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 Contract, provided that such use or disclosure:
1) would Would not violate the Privacy Rule if done by Covered Entity; or
2) would Would not violate the minimum necessary policies and procedures of the Covered Entity.
b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that:
1) disclosures Disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be 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 Business Associate 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 or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Contract or other applicable law or agreements.
Appears in 9 contracts
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, Business Associate may use or disclose Protected Health Information electronic protected health information and other protected health information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule and Security Rules if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered Entity.
b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information electronic protected health information and other protected health information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information electronic protected health information and other protected health information for the proper management and administration of the Business Associate, provided that:
1) disclosures are Required By Lawrequired by law; or
2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be used or further disclosed only as Required By Law required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate 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 or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information electronic protected health information and other protected health information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information electronic protected health information or other protected health information if the use or disclosure would violate any term of the Contract or other applicable law or agreements.
Appears in 5 contracts
Permitted Uses and Disclosures. a. (a) Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permitsAgreement, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity for the purposes specified in Attachment 1 to this Exhibit, which if completed and attached hereto is incorporated by reference, or as otherwise specified in the ContractMaster Agreement, subject to limiting use and disclosure to applicable minimum necessary rules, regulations and statutes and provided that such use or disclosure:
1) disclosure would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate . Business Associate must make reasonable efforts to limit Protected Health Information to the minimum necessary policies and procedures Minimum Necessary to accomplish the intended purpose of the Covered Entityuse, disclosure, or request.
b. (b) Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permitsAgreement, Business Associate may use Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. (c) Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permitsAgreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that:
1) that disclosures are Required By by Law; or
2) , or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be used or further disclosed only as Required By by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
d. (d) Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permitsAgreement, Business Associate may use Protected Health Information to provide data aggregation Data Aggregation services to Covered Entity as permitted by 45 CFR Section 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, (e) Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities consistent with Section 164.502(j).
(f) Business Associate may not use or disclose Protected Health Information if the use or disclosure protected health information in a manner that would violate any term Subpart E of 45 CFR Part 164 of the Contract or other applicable law or agreementsPrivacy Rule if done by Covered Entity, except for the specific uses and disclosures set forth herein.
Appears in 3 contracts
Samples: Agreement No. A 170906 17, Professional Services Agreement, Professional Services Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract CONTRACT permits, 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 ContractCONTRACT, provided that such use or disclosure:
1) would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered Entity.
b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract CONTRACT permits, Business Associate may use Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract CONTRACT permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be 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 Business Associate 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 or by other applicable law or agreements, if the Contract CONTRACT permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Contract CONTRACT or other applicable law or agreements.
Appears in 2 contracts
Permitted Uses and Disclosures. a. The permitted uses and disclosures of the Business Associate, as required by the Health Insurance Portability and Accountability Act (HIPAA) and in regulations promulgated thereunder, are as follows:
i. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permitsAgreement, 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 ContractTerms of Services Agreement and this Agreement, provided that such use or disclosure:
1) disclosure would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate Entity or the minimum necessary policies and procedures of the Covered Entity.
b. ii. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permitsAgreement, Business Associate may use or disclose Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that:
1) that disclosures are Required By Law; or
2) , or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be 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 Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
d. iii. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permitsAgreement, Business Associate may use Protected Health Information to provide data aggregation Data Aggregation services to Covered Entity as permitted by 45 CFR § 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, iv. Business Associate may not use or disclose Protected Health Information if to de-identify the information in accordance with 45 CFR 164.514(a)-(c), and shall retain any and all ownership claims relating to the de-identified data it creates from such Protected Health Information.
v. Business Associate may use or disclosure would violate any term Protected Health Information to report violations of the Contract or other applicable law or agreementsto appropriate Federal and State authorities, consistent with § 164.502(j)(1).
Appears in 1 contract
Samples: Business Associate Agreement
Permitted Uses and Disclosures. a. Except Business Associate shall only Use or Disclose PHI for the purposes of (i) performing Business Associate’s obligations under the Underlying Agreement and as permitted by this Agreement; or (ii) as permitted or required by law; or (iii) as otherwise limited in permitted by this Agreement or by other applicable law or agreement, if the Contract permitsAgreement. Further, Business Associate may use shall not Use or disclose Protected Health Information to perform functions, activities, Disclose PHI in any manner that would constitute a violation of the HIPAA Regulations or services for, or on behalf of, Covered Entity as specified in the Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule HITECH Act if done so used by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered Entity.
b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, except that Business Associate may use Protected Health Information as necessary Use PHI (i) for the proper management and administration of the Business Associate Associate; or (ii) to carry out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, . Business Associate may disclose Protected Health Information Disclose PHI for the proper management and administration of the Business Associate, to carry out its legal responsibilities or for payment purposes as specified in 45 CFR § 164.506(c)(1) and (3), including but not limited to Disclosure to a business associate on behalf of a covered entity or health care provider for payment purposes of such covered entity or health care provider, with the expectation that such parties will provide reciprocal assistance to Covered Entity, provided that:
1that with respect to any such Disclosure either (i) disclosures are the Disclosure is Required By by Law; or
2or (ii) for permitted Disclosures when required by law, Business Associate obtains reasonable assurances shall obtain a written agreement from the person to whom the information PHI is disclosed to be Disclosed that it such person will remain confidential hold the PHI in confidence and will be used or not use and further disclosed only disclose such PHI except as Required By by Law or and for the purpose purpose(s) for which it was disclosed Disclosed by Business Associate to the such person, and the that such person notifies the will notify Business Associate of any instances of which it is aware in which the confidentiality of the information PHI has been breached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Contract or other applicable law or agreements.
Appears in 1 contract
Samples: Emsystems Use Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, Business Associate may use or disclose Protected Health Information electronic protected health information and other protected health information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Contract, provided that such use or disclosure:
1) would Would not violate the Privacy Rule and Security Rules if done by Covered Entity; or
2) would Would not violate the minimum necessary policies and procedures of the Covered Entity.
b. Except as otherwise limited in this the Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information electronic protected health information and other protected health information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information electronic protected health information and other protected health information for the proper management and administration of the Business Associate, provided that:
1) disclosures Disclosures are Required By Lawrequired by law; or
2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be used or further disclosed only as Required By Law required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate 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 or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information electronic protected health information and other protected health information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information electronic protected health information or other protected health information if the use or disclosure would violate any term of the Contract or other applicable law or agreements.
Appears in 1 contract
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, 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 Contract, provided that such use or disclosure:
1) : would not violate the Privacy Rule if done by Covered Entity; or
2) or would not violate the minimum necessary policies and procedures of the Covered Entity.
b. . Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. . Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that:
1) disclosures are Required : The disclosure is required By Law; or
2) or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be 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 Business Associate 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 or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. . Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Contract or other applicable law or agreements.
Appears in 1 contract
Samples: Business Associate Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement (including, but not limited to Section 3.e.) or by other applicable law or agreementagreements, if the Contract Service Agreement permits, Business Associate may use or disclose Protected Health Information PHI to perform functions, activities, or services for, or on behalf of, Covered Entity CSC as specified in the ContractService Agreement, provided that such use or disclosureordisclosure:
1) would Would not violate the Privacy Rule HIPAA Regulations if done by Covered EntityCSC; or
2) would Would not violate the minimum necessary policies and procedures of the Covered EntityCSC.
b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract Service Agreement permits, Business Associate may use Protected Health Information PHI as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract Service Agreement permits, Business Associate may disclose Protected Health Information PHI for the proper management and administration of the Business Associate, provided that:
1) disclosures Disclosures are Required By Lawrequired by law; or
2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be used or further disclosed only as Required By Law required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breachedBreached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract Service Agreement permits, Business Associate may use Protected Health Information PHI to provide data aggregation services to Covered Entity CSC as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information PHI if the use or disclosure would violate any term of the Contract Service Agreement or by other applicable law or agreements.
Appears in 1 contract
Samples: Business Associate Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, Business Associate may use and/or disclose PHI only as permitted or required by this Agreement, or as otherwise Required by Law. Business Associate may disclose PHI to, and permit the use of PHI by, its employees, contractors, agents, or other representatives only to the extent directly related to and necessary for the performance of Services under the Services Agreement. Business Associate shall make uses and disclosures, and requests for PHI from Covered Entity, only in a manner consistent with HIPAA's minimum necessary requirements, and no more than the minimum PHI necessary to perform under the Services Agreement. Business Associate shall not use or disclose Protected Health Information to perform functions, activitiesPHI in a manner (i) inconsistent with Covered Entity’s obligations under the HIPAA Rules or the HITECH Act, or services for, or on behalf of, Covered Entity as specified in the Contract, provided (ii) that such use or disclosure:
1) would not violate the Privacy Rule HIPAA Rules or the HITECH Act if done disclosed or used in such a manner by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered Entity.
b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, . Business Associate may (i) use Protected Health Information as necessary and disclose PHI for the proper management and administration of the Business Associate or Associate’s business and to carry out the its legal responsibilities in accordance with 45 C.F.R. § 164.504(e)(4), and in the case of any disclosures for this purpose, the Business Associate.
c. Except as otherwise limited in this Agreement disclosure is Required by Law or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed disclosed, that it will remain confidential and will be 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 will notify Business Associate 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 or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information ; and (ii) to provide data aggregation Data Aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, . Business Associate may not use or disclose Protected Health Information if the shall make no use or disclosure would violate of PHI in any term manner which is contrary to the interest of the Contract Alachua County or other applicable law or agreementswill cause BUSINESS ASSOCIATE harm.
Appears in 1 contract
Samples: Professional Services
Permitted Uses and Disclosures. a. (a) Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, Business Associate may use or disclose Electronic Protected Health Information and other Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Contract, provided that such use or disclosure:
(1) would not violate the Privacy Rule and Security Rules if done by Covered Entity; or
(2) would not violate the minimum necessary policies and procedures of the Covered Entity.
b. (b) Business Associate may use and disclose Protected Health Information subject to this Agreement only if such use or disclosure is in compliance with each applicable requirement of 45 CFR 164.504(e) pursuant to the HITECH Act.
(c) Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Electronic Protected Health Information and other Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
c. (d) Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Electronic Protected Health Information and other Protected Health Information for the proper management and administration of the Business Associate, provided that:
(1) disclosures are Required By Law; or
(2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be 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 Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
d. (e) Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Electronic Protected Health Information and other Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. (f) When using or disclosing PHI or when requesting PHI from a covered entity or other business associate, Business Associate must make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.
(g) Notwithstanding the foregoing provisions, Business Associate may not use or disclose Electronic Protected Health Information or other Protected Health Information if the use or disclosure would violate any term of the Contract or other applicable law or agreements.
Appears in 1 contract
Samples: Amendment
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, Business Associate may use or only:
(a) Use and disclose Protected Health Information PHI to the extent necessary to perform functions, activities, or services Services for, or on behalf of, Covered Entity Entity, or as specified in the Contractmay otherwise be expressly permitted by law.
(b) Use PHI to create aggregated or de-identified information, provided that Business Associate strictly complies with the requirements for such information set forth in the Privacy Regulations.
(c) Use or disclosure PHI (including aggregated or de-identified information) as otherwise directed by Covered Entity consistent with Covered Entity’s minimum necessary policies and procedures, provided that Covered Entity shall not request Business Associate to use or disclosure:
1) disclosure PHI in a manner that would not violate the Privacy Rule be permissible if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered Entity.
b. (d) Use or disclose PHI as required by law.
(e) Business Associate shall not use PHI for any other purpose.
(f) Except as otherwise limited in by this Agreement or by other applicable law or agreements, if the Contract permitsAgreement, Business Associate may use Protected Health Information as necessary disclose PHI for the proper management and administration of the Business Associate or to carry out any legal obligation or responsibility; provided that any use or disclosure described herein would not violate HIPAA if carried out by Covered Entity; and provided further that: (i) the legal responsibilities disclosure is required by HIPAA or (ii) the disclosure would not otherwise violate applicable state laws relating to the protection of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information for the proper management patient privacy and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable written assurances from the person to whom the disclosure is to be made that such person will hold the information is disclosed that it will remain confidential in confidence and will be used not use or further disclosed only disclosure such information except as Required By Law may be required by law or for the purpose purpose(s) for which it was originally disclosed by Business Associate to the such person, and the provided further that such person notifies the agrees to notify Business Associate 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 or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as non-permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Contract or other applicable law or agreementssuch information.
Appears in 1 contract