Common use of Return or Destruction of Health Information Clause in Contracts

Return or Destruction of Health Information. (a) Except as provided in Section 16 (b) below, upon termination, cancellation, expiration or other conclusion of the Agreement, each party shall return to, or, with the express written consent of the other party, destroy all PHI received from, the other party, or created or received by a party on behalf of the other party. This provision shall apply to PHI that is in the possession of subcontractors or agents of a party. A party shall retain no copies of the PHI. (b) In the event that a party determines that returning or destroying the PHI is infeasible, such party shall provide to the other party notification of the conditions that make return or destruction infeasible. Upon verification by the other party that the return or destruction of PHI is infeasible, a party shall extend the protections of the Agreement to such PHI and limit further uses and disclosure of PHI to those purposes that make the return or destruction in feasible, for so long as a party maintains such PHI, but in no event less than 6 years from the date of termination.

Appears in 4 contracts

Samples: Dietary Counseling Agreement, Rehab Therapy Agreement, Medical Director Agreement

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