Common use of Privacy and Security of Protected Health Information Clause in Contracts

Privacy and Security of Protected Health Information. PHARMACY shall ensure they comply with the requirements of the HIPAA Privacy Rule, the HIPAA Security Rule and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), and any other applicable HIPAA Regulations in the performance of this Agreement, and ensures timely access by Members to records and information that pertains to them. PHARMACY shall ensure that any disclosure or release of PHI will be only in accordance with HIPAA, HITECH Act or federal and state laws or under a court order or subpoena. PHARMACY shall notify SOUTHERN SCRIPTS promptly of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules or HITECH Act. In the event that PHARMACY performs any function for SOUTHERN SCRIPTS and/or any Plan Sponsor involving the use or disclosure of PHI, other than the provision of Covered Prescription Services to Members, PHARMACY shall execute a business associate agreement with SOUTHERN SCRIPTS.

Privacy and Security of Protected Health Information. PHARMACY shall ensure they comply with the requirements of the HIPAA Privacy Rule, the HIPAA Security Rule and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), and any other applicable HIPAA Regulations in the performance of this Agreement, and ensures timely access by Members to records and information that pertains to them. PHARMACY shall ensure that any disclosure or release of PHI will be only in accordance with HIPAA, HITECH Act or federal and state laws or under a court order or subpoena. PHARMACY shall notify SOUTHERN SCRIPTS MAKORX promptly of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules or HITECH Act. In the event that PHARMACY performs any function for SOUTHERN SCRIPTS MAKORX and/or any Plan Sponsor involving the use or disclosure of PHI, other than the provision of Covered Prescription Services to Members, PHARMACY shall execute a business associate agreement with SOUTHERN SCRIPTSMAKORX.