Scope of Use and Disclosure of Protected Health Information Sample Clauses

Scope of Use and Disclosure of Protected Health Information. Except as otherwise limited in this Agreement, Business Associate shall use and disclose PHI solely to provide the services, or perform the functions, described in the Current Agreement(s), provided that such use or disclosure would not violate the HIPAA Regulations if so used or disclosed by AP. Business Associate, to the full extent applicable, shall ensure that its directors, officers, employees, contractors and agents shall: a. Not use or further disclose PHI other than as permitted or required by this Agreement or as Required by Law; b. Implement all appropriate and reasonable administrative, physical and technical safeguards to prevent use or disclosure of PHI other than as provided by this Agreement; c. Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement; d. Report promptly to AP’s designated Privacy Officer any use or disclosure of PHI not provided by this Agreement of which Business Associate becomes aware; e. Require contractors or agents to whom Business Associate provides PHI received from, or created or received by Business Associate on behalf of, AP, to agree to the same restrictions and conditions that apply to Business Associate with respect to such PHI under this Agreement; f. Provide to AP or, as directed by AP, to an Individual, in the time and manner designated by AP, any information necessary to allow AP to respond timely to a request by an Individual for a copy of the Individual’s PHI pursuant to 45 C.F.R. δ 164.524. g. Maintain for a period of five (5) years all Designated Record Sets relating to PHI received from, or created or received by Business Associate on behalf of, AP; h. Maintain for a period of five (5) years records of all disclosures of PHI, other than for the purpose(s) set forth in this Agreement, including the date, name of recipient, description of PHI disclosed and purpose of disclosure; i. Provide to AP or, as directed by AP, to an Individual, in the time and manner designated by AP any necessary information collected in accordance with Section 2 (H) of this Agreement in order to allow AP to respond timely to a request by an Individual for an accounting of the disclosures of the Individual’s PHI pursuant to 45 C.F.R. δ 164.528; j. Make any amendments to PHI that AP directs or agrees to pursuant 45 C.F.R. δ 164.526 at the request of AP or an Individual in the time and manner d...
Sample 1
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Scope of Use and Disclosure of Protected Health Information. (a) Except as otherwise expressly limited in this Agreement or the Underlying Agreement, Business Associate may Use or Disclose Protected Health Information to perform all functions, activities or services for, or on behalf of, Covered Entity in connection with the Underlying Agreement, provided that such Use or Disclosure would not violate HIPAA (including the minimum necessary standard set forth in 45 C.F.R. § 164.502(b)) if done by Covered Entity. (b) Except as otherwise expressly limited in this Agreement or the Underlying Agreement, Business Associate may Disclose Protected Health Information for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate if (1) the Disclosure is Required By Law, or (2) Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that it will remain confidential and will be Used or further Disclosed only as Required By Law or for the purpose for which it was Disclosed to such person, and the person agrees to notify Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. (c) If requested by Covered Entity in writing, Business Associate may Use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B). (d) Business Associate may Use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. § 164.502(j)(1).
Sample 1

Related to Scope of Use and Disclosure of Protected Health Information

  • Use and Disclosure of Protected Health Information The Business Associate must not use or further disclose protected health information other than as permitted or required by the Contract or as required by law. The Business Associate must not use or further disclose protected health information in a manner that would violate the requirements of HIPAA Regulations.

  • Amendment of Protected Health Information 8.1 To the extent Covered Entity determines that any Protected Health Information is maintained by Business Associate or its agents or Subcontractors in a Designated Record Set, Business Associate shall, within ten (10) business days after receipt of a written request from Covered Entity, make any amendments to such Protected Health Information that are requested by Covered Entity, in order for Covered Entity to meet the requirements of 45 C.F.R. § 164.526. 8.2 If any Individual requests an amendment to Protected Health Information directly from Business Associate or its agents or Subcontractors, Business Associate shall notify Covered Entity in writing within five (5) days of the receipt of the request. Whether an amendment shall be granted or denied shall be determined by Covered Entity.

  • ACCESS TO PROTECTED HEALTH INFORMATION 7.1 To the extent Covered Entity determines that Protected Health Information is maintained by Business Associate or its agents or Subcontractors in a Designated Record Set, Business Associate shall, within two (2) business days after receipt of a request from Covered Entity, make the Protected Health Information specified by Covered Entity available to the Individual(s) identified by Covered Entity as being entitled to access and shall provide such Individuals(s) or other person(s) designated by Covered Entity with a copy the specified Protected Health Information, in order for Covered Entity to meet the requirements of 45 C.F.R. § 164.524. 7.2 If any Individual requests access to Protected Health Information directly from Business Associate or its agents or Subcontractors, Business Associate shall notify Covered Entity in writing within two (2) days of the receipt of the request. Whether access shall be provided or denied shall be determined by Covered Entity. 7.3 To the extent that Business Associate maintains Protected Health Information that is subject to access as set forth above in one or more Designated Record Sets electronically and if the Individual requests an electronic copy of such information, Business Associate shall provide the Individual with access to the Protected Health Information in the electronic form and format requested by the Individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by Covered Entity and the Individual.

  • Protected Health Information “Protected Health Information” shall have the same meaning as the term “protected health information” in Section 160.103 and is limited to the information created or received by Contractor from or on behalf of County.

  • Data Protection and Privacy: Protected Health Information Party shall maintain the privacy and security of all individually identifiable health information acquired by or provided to it as a part of the performance of this Agreement. Party shall follow federal and state law relating to privacy and security of individually identifiable health information as applicable, including the Health Insurance Portability and Accountability Act (HIPAA) and its federal regulations.

  • Permitted Uses and Disclosures of Phi by Business Associate Except as otherwise indicated in this Agreement, Business Associate may use or disclose PHI, inclusive of de-identified data derived from such PHI, only to perform functions, activities or services specified in this Agreement on behalf of DHCS, provided that such use or disclosure would not violate HIPAA or other applicable laws if done by DHCS.

  • Permitted Uses and Disclosures by Business Associate Except as otherwise limited by this Agreement, Business Associate may make any uses and disclosures of Protected Health Information necessary to perform its services to Covered Entity and otherwise meet its obligations under this Agreement, if such use or disclosure would not violate the Privacy Rule if done by Covered Entity. All other uses or disclosures by Business Associate not authorized by this Agreement or by specific instruction of Covered Entity are prohibited.

  • Use and Disclosure of Confidential Information Notwithstanding anything to the contrary contained in this Agreement, and in addition to and not in lieu of other provisions in this Agreement:

  • Use and Disclosure of PHI Business Associate is limited to the following permitted and required uses or disclosures of PHI: a. Duty to Protect PHI. Business Associate shall protect PHI from, and shall use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 (Security Standards for the Protection of Electronic Protected Health Information) with respect to EPHI, to prevent the unauthorized Use or disclosure of PHI other than as provided for in this Contract or as required by law, for as long as the PHI is within its possession and control, even after the termination or expiration of this Contract.

  • Electronic Protected Health Information “Electronic Protected Health Information” means individually identifiable health information that is transmitted by or maintained in electronic media.

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