Reporting of Unauthorized Uses and Disclosures Sample Clauses

Reporting of Unauthorized Uses and Disclosures. Business Associate shall promptly report in writing to Covered Entity any use or disclosure of Protected Health Information not provided for under this Agreement, of which Business Associate becomes aware, but in no event later than five business days of first learning of any such use or disclosure. Business Associate agrees that if any of its employees, agents, subcontractors or representatives use or disclose Protected Health Information received from, or created or received on behalf of, Covered Entity, or any derivative De-identified Information in a manner not provided for in this Agreement, Business Associate shall ensure that such employees, agents, subcontractors and representatives shall receive training on Business Associate’s procedures for compliance with the HIPAA Rules, or shall be sanctioned or prevented from accessing any Protected Health Information Business Associate receives from, or creates or receives on behalf of, Covered Entity. Continued use of Protected Health Information in a manner contrary to the terms of this Agreement shall constitute a material breach of this Agreement.
Sample 1
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Reporting of Unauthorized Uses and Disclosures. Contractor shall promptly (but in no case later than fifteen (15) days after discovery) notify the applicable OHCA Member(s) in writing upon becoming aware of any use or disclosure of PHI by Contractor, its employees, agents or Subcontractors that is not provided for in this BAA and any Security Incident involving PHI obtained from that OHCA Member(s). For purposes of this paragraph 2.6, “OHCA Member” shall refer to the relevant institution’s Privacy Officer. In addition, in accordance with the requirements of the HIPAA Rules, Contractor shall notify the applicable OHCA Member(s) in writing of all Breaches of Unsecured PHI as soon as feasible after becoming aware of the Breach. Within ten
Sample 1
Reporting of Unauthorized Uses and Disclosures. Contractor shall promptly (but in no case later than fifteen (15) days after discovery) notify the applicable OHCA Member(s) in writing upon becoming aware of any use or disclosure of PHI by Contractor, its employees, agents or Subcontractors that is not provided for in this BAA and any Security Incident involving PHI obtained from that OHCA Member(s). For purposes of this paragraph 2.6, “OHCA Member” shall refer to the relevant institution’s Privacy Officer. In addition, in accordance with the requirements of the HIPAA Rules, Contractor shall notify the applicable OHCA Member(s) in writing of all Breaches of Unsecured PHI as soon as feasible after becoming aware of the Breach. Within ten (10) business days after becoming aware of the Breach of Unsecured PHI, Contractor shall provide to the applicable OHCA Member(s) in writing the identification of each Individual whose Unsecured PHI has been, or is reasonably believed by Contractor to have been accessed, acquired, or disclosed during such Breach. Such identification shall include a description of the Unsecured PHI involved in the Breach and all demographic information in Contractor’s possession necessary to notify the affected Individuals of the Breach. In the event of an unauthorized use or disclosure of Unsecured PHI resulting from the actions or inactions of Contractor, its agents, Subcontractors or employees, Contractor shall be responsible for, and without regard to any limitation or exclusion of damages provision set forth in any other agreement, reimbursement or direct payment of fines, penalties, and interest imposed by a governmental authority on the OHCA Member(s), and for the costs and expenses incurred by the OHCA Member(s) arising out of or related to the unauthorized use or disclosure of PHI, including but not limited to, for: (a) identifying and notifying patients whose PHI was used or disclosed, including costs related to call center support to provide information to affected individuals, (b) hiring counsel and/or auditors to investigate and report on the nature and extent of the release of Unsecured PHI; and (c) taking other reasonable measures for mitigation of harm to affected individuals, including, but not limited to, providing credit and ID theft monitoring. Without limitation of the foregoing, Contractor shall defend, indemnify and hold harmless the affected OHCA Member(s), and their respective trustees, officers, faculty, employees and students, against any investigations, claims, ...
Sample 1
Reporting of Unauthorized Uses and Disclosures. If Business Associate becomes aware of any use or disclosure of PHI by Business Associate, its employees, or its agents that is not provided for in this Agreement, Business Associate shall report such violation to Covered Entity.
Sample 1

Related to Reporting of Unauthorized Uses and Disclosures

  • Permitted Uses and Disclosures of Phi by Business Associate Except as otherwise indicated in this Agreement, Business Associate may use or disclose PHI, inclusive of de-identified data derived from such PHI, only to perform functions, activities or services specified in this Agreement on behalf of DHCS, provided that such use or disclosure would not violate HIPAA or other applicable laws if done by DHCS.

  • Use and Disclosure of Protected Health Information The Business Associate must not use or further disclose protected health information other than as permitted or required by the Contract or as required by law. The Business Associate must not use or further disclose protected health information in a manner that would violate the requirements of HIPAA Regulations.

  • Permitted Uses and Disclosures i. Business Associate shall use and disclose PHI only to accomplish Business Associate’s obligations under the Contract. i. To the extent Business Associate carries out one or more of Covered Entity’s obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. ii. Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A. the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; B. the person notifies Business Associate of any Breach involving PHI of which it is aware. iii. Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de-identify any or all PHI created or received by Business Associate under this Agreement, provided the de-identification conforms to the requirements of the HIPAA Rules.

  • Permitted Uses and Disclosures by Business Associate Except as otherwise limited by this Agreement, Business Associate may make any uses and disclosures of Protected Health Information necessary to perform its services to Covered Entity and otherwise meet its obligations under this Agreement, if such use or disclosure would not violate the Privacy Rule if done by Covered Entity. All other uses or disclosures by Business Associate not authorized by this Agreement or by specific instruction of Covered Entity are prohibited.

  • Permitted Uses and Disclosures of PHI and the third party notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

  • Permitted Uses and Disclosure by Business Associate (1) General Use and Disclosure Provisions Except as otherwise limited in this Section of the Contract, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in this Contract, provided that such use or disclosure would not violate the HIPAA Standards if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity.

  • Use and Disclosure of Confidential Information Notwithstanding anything to the contrary contained in this Agreement, and in addition to and not in lieu of other provisions in this Agreement:

  • Authorized Disclosures The Receiving Party may disclose Confidential Information belonging to the Disclosing Party to the extent (and only to the extent) such disclosure is reasonably necessary in the following instances: (i) subject to Section 7.2, by either Party in order to comply with applicable non-patent law (including any securities law or regulation or the rules of a securities exchange) and with judicial process, if in the reasonable opinion of the Receiving Party’s counsel, such disclosure is necessary for such compliance; (ii) by either Party, in connection with prosecuting or defending litigation, making regulatory filings, and filing, prosecuting and enforcing patent applications and patents (including Bayer Patent Rights in accordance with Section 6); (iii) by Aegerion, to its Affiliates, potential and future collaborators (including Sublicensees), permitted acquirers or assignees under Section 10.1, research collaborators, subcontractors, investment bankers, investors, lenders, and their and each of Aegerion and its Affiliates’ respective directors, employees, contractors and agents; and (iv) by Bayer to its Affiliates, permitted acquirers or assignees under Section 10.1, investment bankers, investors, lenders, and their and Bayer and its Affiliates’ respective directors, employees, contractors and agents, provided that (1) with respect to Section 7.1(c)(i) or 7.1(c)(ii), where reasonably possible, the Receiving Party shall notify the Disclosing Party of the Receiving Party’s intent to make any disclosure pursuant thereto sufficiently prior to making such disclosure so as to allow the Disclosing Party adequate time to take whatever action it may deem appropriate to protect the confidentiality of the information to be disclosed, and (2) with respect to Sections 7.1(c)(iii) and 7.1(c)(iv), each of those named people and entities must be bound prior to disclosure by confidentiality and non-use restrictions at least as restrictive LICENSE AGREEMENT as those contained in this Section 7 (other than investment bankers, investors and lenders, who must be bound prior to disclosure by commercially reasonable obligations of confidentiality). In addition to the foregoing, Aegerion and its Affiliates and Sublicensees may make such disclosures of Bayer Know-How specifically concerning the Licensed Compound and its use as any of them may deem reasonably necessary for their business.

  • Prohibited Uses and Disclosures BA shall not use or disclose PHI other than as permitted or required by the Contract and Addendum, or as required by law. BA shall not use or disclose Protected Information for fundraising or marketing purposes. BA shall not disclose Protected Information to a health plan for payment or health care operation purposes if the patient has requested this special restriction, and has paid out of pocket in full for the health care item or service to which the PHI solely relates [42 U.S.C. Section 17935(a) and 45 C.F.R. Section 164.522(a)(vi)]. BA shall not directly or indirectly receive remuneration in exchange for Protected Information, except with the prior written consent of CE and as permitted by the HITECH Act, 42 U.S.C. Section 17935(d)(2), and the HIPAA regulations, 45 C.F.R. Section 164.502(a)(5)(ii); however, this prohibition shall not affect payment by CE to BA for services provided pursuant to the Contract.

  • Identification and Disclosure of Privacy and Security Offices Business Associate and Subcontractors shall provide, within ten (10) days of the execution of this agreement, written notice to the Covered Entity’s contract/grant manager the names and contact information of both the HIPAA Privacy Officer and HIPAA Security Officer. This information must be updated any time either of these contacts changes.

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