Common use of Reports Of Improper Use Or Disclosure Clause in Contracts

Reports Of Improper Use Or Disclosure. Business Associate hereby agrees that it shall report to the [Insert Agency Name]’s Privacy Officer, or his designee, and the [Insert Agency Name]’s legal office, within two (2) days of discovery any use or disclosure of PHI not provided for or allowed by this Agreement (unless some more stringent standard applies under this Contract). Business Associate agrees to conduct reasonable diligence to discover improper use or disclosure of PHI. Such notification shall be written and shall include the identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, access, acquired, or disclosed during the improper use or disclosure or Breach. An improper use or disclosure or Breach shall be treated as discovered by the Business Associate on the first day on which it is known to the Business Associate (including any person other than the person committing the breach, that is an employee, officer, or other agent of the Business Associate) or should reasonably have been known to the Business Associate to have occurred.

Appears in 5 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

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Reports Of Improper Use Or Disclosure. Business Associate hereby agrees that it shall report to the [Insert Agency Name]Covered Entity’s Privacy Officer, or his designee, and the [Insert Agency Name]Covered Entity’s legal office, within two (2) days of discovery any use or disclosure of PHI not provided for or allowed by this Agreement (unless some more stringent standard applies under this Contract). Business Associate agrees to conduct reasonable diligence to discover improper use or disclosure of PHI. Such notification shall be written and shall include the identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, access, acquired, or disclosed during the improper use or disclosure or Breach. An improper use or disclosure or Breach shall be treated as discovered by the Business Associate on the first day on which it is known to the Business Associate (including any person other than the person committing the breach, that is an employee, officer, or other agent of the Business Associate) or should reasonably have been known to the Business Associate to have occurred.

Appears in 2 contracts

Samples: Business Associate Agreement, Business Associate Agreement

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Reports Of Improper Use Or Disclosure. Business Associate hereby agrees that it shall report to the [Insert Agency Name]Covered Entity’s Privacy Officer, or his designee, and the [Insert Agency Name]Covered entity’s legal office, within two (2) days of discovery any Breach or use or disclosure of PHI not provided for or allowed by this Agreement (unless some more stringent standard applies under this Contract). Business Associate agrees to conduct reasonable diligence to discover improper use or disclosure of PHI. Such notification shall be written and shall include the identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, accessaccessed, acquired, or disclosed during the improper use or disclosure or Breach. An improper use or disclosure or Breach shall be treated as discovered by the Business Associate on the first day on which it is known to the Business Associate (including any person other than the person committing the breachBreach, that is an employee, officer, or other agent of the Business Associate) or should reasonably have been known to the Business Associate (or such person) to have occurred. Reports Of Security Incidents. In addition to following the Breach notification requirements in section 13402 of the HITECH Act and related regulations and guidance, Business Associate shall report to Covered Entity’s Privacy Officer, or his designee, within two (2) days of discovery any Security Incident of which it becomes aware.

Appears in 1 contract

Samples: Business Associate Agreement

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