Report Inappropriate Uses or Disclosures, Security Incidents, and Breaches of Unsecured PHI Sample Clauses

Report Inappropriate Uses or Disclosures, Security Incidents, and Breaches of Unsecured PHI. Upon discovery, Business Associate agrees to report to Covered Entity in writing any use or disclosure of PHI by Business Associate not permitted by this Agreement; any Security Incident; and any breach of unsecured PHI as required by 45 CFR §164.410 as follows: In the event that Business Associate discovers a breach of unsecured PHI, Business Associate agrees to notify Covered Entity without unreasonable delay, and in no case later than 60 calendar days after Business Associate first becomes aware of the incident. Business Associate is deemed to have become aware of the breach as of the first day such breach is known or, with the exercise of reasonable diligence, would have been known to any person, other than the person committing the breach, who is an employee, officer, or other agent of Business Associate. The notice must include, to the extent possible, the identification of each individual whose unsecured PHI was the subject of the breach; a brief description of what happened; the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured PHI that were involved in the breach (such as full name, social security number, date of birth, and home address); any steps the individuals should take to protect themselves from potential harm resulting from the breach; and a brief description of what Business Associate is doing to investigate the breach, mitigate losses, and protect against further breaches. [The parties may wish to add different or additional specificity regarding the breach notification obligations of the business associate, such as a stricter timeframe for the business associate to report a potential breach to the covered entity and/or whether the business associate will handle breach notifications to individuals, the HHS Office for Civil Rights (OCR), and potentially the media, on behalf of the covered entity.]
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Related to Report Inappropriate Uses or Disclosures, Security Incidents, and Breaches of Unsecured PHI

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  • Confidentiality and Safeguarding of University Records; Press Releases; Public Information Under this Agreement, Contractor may (1) create, (2) receive from or on behalf of University, or (3) have access to, records or record systems (collectively, University Records). Among other things, University Records may contain social security numbers, credit card numbers, or data protected or made confidential or sensitive by Applicable Laws. [Option (Include if University Records are subject to FERPA.): Additional mandatory confidentiality and security compliance requirements with respect to University Records subject to the Family Educational Rights and Privacy Act, 20 United States Code (USC) §1232g (FERPA) are addressed in Section 12.41.] [Option (Include if University is a HIPAA Covered Entity and University Records are subject to HIPAA.): Additional mandatory confidentiality and security compliance requirements with respect to University Records subject to the Health Insurance Portability and Accountability Act and 45 Code of Federal Regulations (CFR) Part 160 and subparts A and E of Part 164 (collectively, HIPAA) are addressed in Section 12.26.] Contractor represents, warrants, and agrees that it will: (1) hold University Records in strict confidence and will not use or disclose University Records except as (a) permitted or required by this Agreement, (b) required by Applicable Laws, or (c) otherwise authorized by University in writing; (2) safeguard University Records according to reasonable administrative, physical and technical standards (such as standards established by the National Institute of Standards and Technology and the Center for Internet Security [Option (Include if Section 12.39 related to Payment Card Industry Data Security Standards is not include in this Agreement.):, as well as the Payment Card Industry Data Security Standards]) that are no less rigorous than the standards by which Contractor protects its own confidential information; (3) continually monitor its operations and take any action necessary to assure that University Records are safeguarded and the confidentiality of University Records is maintained in accordance with all Applicable Laws and the terms of this Agreement; and (4) comply with University Rules regarding access to and use of University’s computer systems, including UTS165 at xxxx://xxx.xxxxxxxx.xxx/board-of-regents/policy-library/policies/uts165-information-resources-use-and-security-policy. At the request of University, Contractor agrees to provide University with a written summary of the procedures Contractor uses to safeguard and maintain the confidentiality of University Records.

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