Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU 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 MOU, 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 MOU permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that: 1) the 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. c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B). d. 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 MOU or other applicable law or agreements.
Appears in 7 contracts
Samples: Consolidated Agreement, Consolidated Agreement, Consolidated Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU Consolidated Agreement 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 MOUConsolidated Agreement, 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 MOU Consolidated Agreement permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that:
1) the 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.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU Consolidated Agreement permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B).
d. 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 MOU Consolidated Agreement or other applicable law or agreements.
Appears in 4 contracts
Samples: Consolidated Agreement, Consolidated Agreement, Consolidated Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement BAA or by other applicable law or agreement, if the MOU Participation Agreement 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 MOUParticipation Agreement, 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 BAA or by other applicable law or agreements, if the MOU Participation Agreement permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that:
1) the 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.
c. Except as otherwise limited in this Agreement BAA or by other applicable law or agreements, if the MOU Participation Agreement permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B).
d. 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 MOU Participation Agreement or other applicable law or agreements.
Appears in 4 contracts
Samples: Full Participation Agreement, Full Participation Agreement for Pharmacies for Nc Healthconnex Access and Data Use, Full Participation Agreement
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 MOU 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 MOUthis 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 MOU permitsAgreement, Business Associate may disclose use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
iii) Except as otherwise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that:
1) the 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.
c. iv) Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permitsAgreement, Business Associate may use Protected Health Information to provide data aggregation Data Aggregation services to Covered Entity as permitted by 45 C.F.R. CFR § 164.504(e)(2)(i)(B).
d. Notwithstanding the foregoing provisions, . v) Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term to report violations of the MOU or other applicable law or agreementsto appropriate Federal and State authorities, consistent with § 164.502(j)(1).
Appears in 2 contracts
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU 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 MOUContract, 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 MOU Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that:
1) the disclosures are Required By 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 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.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B).
d. 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 MOU Contract or other applicable law or agreements.
Appears in 1 contract
Samples: Solo Practitioner Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU 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 MOUContract, 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 MOU Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that:
1) the 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.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B).
d. 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 MOU Contract or other applicable law or agreements.
Appears in 1 contract
Samples: Healthy Opportunities Pilot: PHP Network Lead Model Contract
Permitted Uses and Disclosures. 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:
a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU permitsAgreement, Business Associate may use or disclose Protected Health Information PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the MOUTerms 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. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permitsAgreement, Business Associate may use or disclose Protected Health Information PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, Associate provided that:
1) the 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.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU permitsAgreement, Business Associate may use Protected Health Information PHI to provide data aggregation Data Aggregation services to Covered Entity as permitted by 45 C.F.R. CFR § 164.504(e)(2)(i)(B).
d. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if PHI 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 PHI.
e. Business Associate may use or disclosure would violate any term PHI to report violations of the MOU or other applicable law or agreementsto appropriate Federal and State authorities, consistent with § 164.502(j)(1).
Appears in 1 contract
Samples: Terms of Service
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU Services arrangement 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 MOU, Services provided that such use or disclosure:
1) i. would not violate the Privacy Rule Rules if done by Covered Entity; or
2) ii. 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 MOU Services arrangement permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that:
1) the i. The disclosures are Required By Law; or
2) ii. 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.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU Service arrangement permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B164. 504(e)(2)(i)(B ).
d. Business Associate agrees that when it uses, discloses, or request Protected Health Information, it will limit the use, disclosure, or request to the minimum necessary.
e. If Business Associate enters into a contract with any agent and/or subcontractor, the agent/subcontractor will agree to comply with 42 C.F.R. Part 2 and HIPAA, and if Business Associate learns of a pattern or practice by the agent/subcontractor that is a material breach of the contract with Business Associate, to take reasonable steps to cure the breach or terminate the contract, if feasible.
f. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term conditions of the MOU Services or other applicable law or agreements.
Appears in 1 contract
Samples: Business Associate and Qualified Service Organization Agreement
Permitted Uses and Disclosures. a. A. Except as otherwise limited in this Agreement Contract or by other applicable law or agreementContract, if the MOU 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 MOUContract, provided that such use or disclosure:
1) i. would not violate the Privacy Rule if done by Covered Entity; or
2) ii. would not violate the minimum necessary policies and procedures of the Covered Entity.
b. B. Except as otherwise limited in this Agreement Contract or by other applicable law or agreementsContracts, if the MOU Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that:
1) i. the disclosures are Required By Law; or
2) ii. 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.
c. C. Except as otherwise limited in this Agreement Contract or by other applicable law or agreementsContracts, if the MOU Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B).
d. D. 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 MOU Contract or other applicable law or agreementsContracts.
Appears in 1 contract
Samples: Business Associate Addendum
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU 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 MOU, Contract provided that such use or disclosure:
1) i. would not violate the Privacy Rule Rules if done by Covered Entity; or
2) ii. 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 MOU Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that:
1) the i. The disclosures are Required By Law; or
2) ii. 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.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU "Contract" permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B- 164. 504(e)(2)(i)(B ).
d. 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 MOU Contract or other applicable law or agreements.
Appears in 1 contract
Samples: Business Associate and Qualified Service Organization Agreement
Permitted Uses and Disclosures. a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the MOU 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 MOU, 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 MOU Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of responsibilitiesof the Business Associate, provided that:
1) the disclosures are Required By 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.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the MOU Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B).
d. 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 MOU Contract or other applicable law or agreements.
Appears in 1 contract