Common use of Return or Destroy PHI on Termination; Survival Clause in Contracts

Return or Destroy PHI on Termination; Survival. At termination of this BAA, if feasible, Business Associate shall return to GCHP or, if agreed to by GCHP, destroy all PHI and other Confidential Information received from, or created or received by Business Associate on behalf of, GCHP that Business Associate or its agents or subcontractors still maintains in any form, and shall retain no copies of such information. If GCHP elects destruction of PHI and/or other Confidential Information, Business Associate shall ensure such information is destroyed in accordance with the destruction methods specified in Sections 15.1 and 15.2 below, and shall certify in writing to GCHP that such information has been destroyed accordingly. If return or destruction is not feasible, Business Associate shall notify GCHP of the conditions that make the return or destruction infeasible. Subject to the approval of GCHP’s regulator(s) if necessary, if such return or destruction is not feasible, GCHP shall determine the terms and conditions under which Business Associate may retain the PHI. Business Associate shall also extend the protections of this BAA to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

Return or Destroy PHI on Termination; Survival. At termination of this BAAAgreement, if feasible, Business Associate shall return to GCHP KHS or, if agreed to by GCHPKHS, destroy all PHI and other Confidential Information received from, or created or received by Business Associate on behalf of, GCHP KHS that Business Associate or its agents or subcontractors still maintains in any form, and shall retain no copies of such information. If GCHP KHS elects destruction of PHI and/or other Confidential Information, Business Associate shall ensure such information is destroyed in accordance with the destruction methods specified in Sections 15.1 and 15.2 below, below and shall certify in writing to GCHP KHS that such information has been destroyed accordingly. If return or destruction is not feasible, Business Associate shall notify GCHP KHS of the conditions that make the return or destruction infeasible. Subject to the approval of GCHPKHS’s regulator(s) if necessary, if such return or destruction is not feasible, GCHP KHS shall determine the terms and conditions under which Business Associate may retain the PHI. Business Associate shall also extend the protections of this BAA Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

Return or Destroy PHI on Termination; Survival. At termination of this BAAAgreement, if feasible, Business Associate shall return to GCHP KHS or, if agreed to by GCHPKHS, destroy all PHI and other Confidential Information confidential information received from, or created or received by Business Associate on behalf of, GCHP KHS that Business Associate or its agents or subcontractors still maintains in any form, and shall retain no copies of such information. If GCHP KHS elects destruction of PHI and/or other Confidential Informationconfidential information, Business Associate shall ensure such information is destroyed in accordance with the destruction methods specified in Sections 15.1 and 15.2 below, below and shall certify in writing to GCHP KHS that such information has been destroyed accordingly. If return or destruction is not feasible, Business Associate shall notify GCHP KHS of the conditions that make the return or destruction infeasible. Subject to the approval of GCHPKHS’s regulator(s) if necessary, if such return or destruction is not feasible, GCHP KHS shall determine the terms and conditions under which Business Associate may retain the PHI. Business Associate shall also extend the protections of this BAA Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.