Common use of Report of Unpermitted Data Use or Disclosure Clause in Contracts

Report of Unpermitted Data Use or Disclosure. a. In the event that Participant determines that the Data transmitted through the HIE in accordance with a Use Case has been requested, used or disclosed by Participant or by a Participant User in a manner that does not comply with Applicable Law and/or the provisions of the Agreement, Participant will, in its reasonable discretion, take appropriate action consistent with the requirements of Applicable Law, and, consistent with bona-fide attorney-client or similar evidentiary privileges, provide notification to CRISP of the non-compliant use or disclosure in sufficient detail to allow CRISP to take remedial steps, including steps directed at preventing a reoccurrence, and cooperate with CRISP in assessing and taking reasonable and appropriate responsive measures. No notification under this Section will be deemed to be an admission of fault or liability by Participant.

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

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Report of Unpermitted Data Use or Disclosure. a. In the event that Participant determines that the Data transmitted through the HIE in accordance with a Use Case or Health Data transmitted through the Direct Service has been requested, used or disclosed by Participant or by a Participant User in a manner that does not comply with Applicable Law and/or the provisions of the Agreement, Participant will, in its reasonable discretion, take appropriate action consistent with the requirements of Applicable Law, and, consistent with bona-fide attorney-client or similar evidentiary privileges, provide notification to CRISP of the non-compliant use or disclosure in sufficient detail to allow CRISP to take remedial steps, including steps directed at preventing a reoccurrence, and cooperate with CRISP in assessing and taking reasonable and appropriate responsive measures. No notification under this Section will be deemed to be an admission of fault or liability by Participant.

Appears in 1 contract

Samples: Business Associate Agreement

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Report of Unpermitted Data Use or Disclosure. a. In the event that Participant determines that the Data transmitted through the HIE in accordance with a Use Case has been requested, used or disclosed by Participant or by a Participant User in a manner that does not comply with Applicable Law and/or the provisions of the Agreement, Participant will, in its reasonable discretion, take appropriate action consistent with the requirements of Applicable Law, and, consistent with bona-fide attorney-client or similar evidentiary privileges, provide notification to CRISP of the non-compliant use or disclosure in sufficient detail to allow CRISP to take remedial steps, including steps directed at preventing a reoccurrence, and cooperate with CRISP in assessing and taking reasonable and appropriate responsive measures. No notification under this Section will be deemed to be an admission of fault or liability by Participant.

Appears in 1 contract

Samples: Business Associate Agreement

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