Prohibited Uses and Disclosures under HITECH. Notwithstanding any other provision in this BAA, Business Associate shall comply with the following requirements; (1) Business Associate shall not Use or Disclose PHI for fundraising or marketing purposes, except as provided under the Underlying Agreement and consistent with the requirements of 45 CFR Part 164; (2) Business Associate shall not Disclose PHI to a health plan for payment or Health Care Operations purposes if Covered Entity has informed Business Associate that the patient has requested this additional restriction, and has paid out of pocket in full for the health care item or service to which the PHI solely relates, 45 CFR Part 164; (3) Business Associate shall not directly or indirectly receive remuneration in exchange for PHI, except with the prior written consent of Covered Entity and as permitted by the HITECH Act, 45 CFR Part 164; however this prohibition shall not affect payment by Covered Entity to Business Associate for the provision of Services pursuant to the Underlying Agreement. Business Associate shall not Use or Disclose PHI for any other purpose.
Appears in 10 contracts
Samples: Uniform Participant Agreement, Uniform Participant Agreement, Uniform Participant Agreement
