Sale of Protected Health Information. Upon the effective date of Section 13405(d) of the HITECH Act , Business Associate shall not directly or indirectly receive remuneration in exchange for Protected Health Information that is created or received by Business Associate from or on behalf of Covered Entity unless: (1) pursuant to an authorization by the Individual in accordance with 45 C.F.R. § 164.508 that includes a specification for whether the Protected Health Information can be further exchanged for remuneration by the entity receiving Protected Health Information of that Individual; or (2) as provided for and consistent with Section 13405(d)(2) of the HITECH Act and regulations to be issued by the Secretary, upon the effective date of such regulations. However, in no instance may Business Associate receive remuneration pursuant to this Section without prior written authorization by Covered Entity.
Appears in 5 contracts
Samples: Business Associate Agreement, Business Associate Agreement, Stand Alone Dental Plan Contract
