Common use of Sale of Protected Health Information Clause in Contracts

Sale of Protected Health Information. The AGO will not directly or indirectly receive any remuneration from a recipient of PHI in exchange for PHI unless one of the criteria at 45 C.F.R. §164.502(a)(5)(ii) is met. These criteria state that a sale of PHI does not include certain disclosures of PHI, including those made: a. For public health purposes under 45 C.F.R. §§164.512(b) or 164.514(e); b. For Treatment and Payment purposes under 45 C.F.R. §164.506; c. To or by a Business Associate (including the AGO) under 45 C.F.R. §§164.502(e) and 164.504(e); d. When required by law under 45 C.F.R. §164.512(a); or e. For any other purpose permitted by the HIPAA Rules when the only remuneration received by the Business Associate is a reasonable, cost-based fee to cover the cost to prepare and transmit the PHI for such purpose or a fee expressly permitted by law.