Common use of Reporting of Disclosures Clause in Contracts

Reporting of Disclosures. The MCO must promptly report to ODM any inappropriate use or disclosure of PHI not in accordance with this Agreement or applicable law, including a breach of unsecured PHI as required by 45 CFR 164.410 and any security incident the MCO has knowledge of or reasonably should have knowledge of under the circumstances. If the MCO determines, pursuant to 45 CFR 164.402, that any inappropriate use or disclosure of PHI does not require breach notification, then the MCO must make any documentation related to such determination available to ODM upon request. In addition, as specified in Appendix P, Chart of Deliverables, the MCO must submit an annual report (Protected Health Information Breach Report) to ODM regarding the number of breaches of PHI and specify the number of breaches that were reported to Health and Human Services as required by 45 CFR 164.408(b) and (c).

Reporting of Disclosures. i. The MCO must promptly report to ODM any inappropriate use or disclosure of PHI not in accordance with this Agreement or applicable law, including a breach of unsecured PHI as required by 45 CFR 164.410 and any security incident the MCO has knowledge of or reasonably should have knowledge of under the circumstances. If the MCO determines, pursuant to 45 CFR 164.402, that any inappropriate use or disclosure of PHI does not require breach notification, then the MCO must shall make any documentation related to such determination available to ODM upon request. In addition, as specified in Appendix P, Chart of Deliverables, the MCO must submit an annual report (Protected Health Information Breach Report) to ODM regarding the number of breaches of PHI and specify the number of breaches that were reported to Health and Human Services as required by 45 CFR 164.408(b) and (c).