Restrictions on Use and Disclosure of PHI. Neuronetics shall not use or disclose PHI received from Customer in any manner that would constitute a violation of the Privacy Standards if used in such manner by Customer. Except as otherwise limited in this Agreement, Neuronetics may disclose PHI for the proper management and administration or to carry out the legal responsibilities of Neuronetics, provided that disclosures are Required By Law, or Neuronetics obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies Neuronetics of any instances of which it is aware in which the confidentiality of the information has been breached. Neuronetics may use PHI for any purposes as contemplated in this Agreement and as permitted under HIPAA and applicable state law. Except as otherwise limited in this Agreement, Neuronetics may use PHI to provide data aggregation services to Customer as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B). Neuronetics may de-identify PHI, provided that the de- identification processes conform to the requirements of the Privacy Standards. Once the data is de-identified, such information shall no longer be considered PHI. Neuronetics may also create a Limited Data Set for purposes of research, public health, or health care operations subject to the Data Use Addendum in Appendix C. Neuronetics shall not directly or indirectly receive remuneration in exchange for any PHI or use or disclose PHI for marketing, fundraising or sale purposes, unless Neuronetics or Customer has obtained a valid HIPAA- compliant authorization from the patient that specifies whether the PHI can be further exchanged for remuneration, marketing, fundraising or sale purposes by Neuronetics and only as permitted under 45 C.F.R. §§ 164.508(a) and 164.514(f). Neuronetics agrees to use appropriate safeguards to prevent use or disclosure of PHI otherwise than as provided for by this Agreement. Neuronetics agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic PHI that it creates, maintains, or transmits on behalf of Customer, as required by the Security Standards and the ARRA, including without limitation, 45 C.F.R. §§ 164.308, 164.310 and 164.312. Neuronetics agrees to implement reasonable and appropriate...
Restrictions on Use and Disclosure of PHI. The Associate shall not use or further disclose any PHI other than as permitted or required by this Agreement, or as required by law.
Restrictions on Use and Disclosure of PHI. Covered Entity shall notify Business Associate of any restriction to the use of disclosure of PHI that Covered Entity has agreed to in accordance with 45 C.F.R. §164.522 or Exhibit K Form of HIPAA Business Associate Agreement otherwise, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.
