Common use of Specific Business Associate Use and Disclosure Provisions Clause in Contracts

Specific Business Associate Use and Disclosure Provisions. The permitted Uses and Disclosures set out in this Subsection 4(b) apply only with respect to AANI’s Use or Disclosure of PHI other than Limited Data Set Information. (i) Except as otherwise limited in this BAA/DUA or the Participation Agreement, AANI may Use PHI for the proper management and administration of AANI or to carry out the legal responsibilities of AANI. (ii) Except as otherwise limited in this BAA/DUA or the Participation Agreement, AANI may Disclose PHI for its own proper management and administrative purposes, provided that the Disclosures are either Required By Law, or AANI otherwise obtains reasonable assurances from the person to whom it Discloses the PHI that such person will a) protect the Confidentiality of the PHI; b) Use or further Disclose the PHI only as Required By Law or for the purpose for which it was Disclosed to the person; and c) promptly notify AANI of any instances of which the person is aware that the Confidentiality of the PHI has been Breached. (iii) Except as otherwise limited in this BAA/DUA or the Participation Agreement, AANI may Use and Disclose PHI to provide Data Aggregation services to Participant as permitted by 45 CFR 164.504(e)(2)(i)(B). (iv) AANI may de-identify any PHI, provided such de-identification conforms to the requirements of 45 CFR 164.514(b), including without limitation any documentation requirements. AANI may Use or Disclose such de-identified information at its discretion, as such de-identified information does not constitute PHI and is not subject to the terms of this BAA/DUA; provided that such Use or Disclosure is consistent with the Participation Agreement and applicable law. (v) AANI may partially de-identify any PHI to create a Limited Data Set, provided such partial de-identification conforms to the Limited Data Set requirements of 45 CFR 164.514(e)(2).

Specific Business Associate Use and Disclosure Provisions. The permitted Uses and Disclosures set out in this Subsection 4(b) apply only with respect to AANI’s Use or Disclosure of PHI other than Limited Data Set Information. (i) i. Except as otherwise limited in this BAA/DUA or the Participation Agreement, AANI may Use PHI for the proper management and administration of AANI or to carry out the legal responsibilities of AANI. (ii) . Except as otherwise limited in this BAA/DUA or the Participation Agreement, AANI may Disclose PHI for its own proper management and administrative purposes, provided that the Disclosures are either Required By Law, or AANI otherwise obtains reasonable assurances from the person to whom it Discloses the PHI that such person will a) protect the Confidentiality of the PHI; b) Use or further Disclose the PHI only as Required By Law or for the purpose for which it was Disclosed to the person; and c) promptly notify AANI of any instances of which the person is aware that the Confidentiality of the PHI has been Breached. (iii) . Except as otherwise limited in this BAA/DUA or the Participation Agreement, AANI may Use and Disclose PHI to provide Data Aggregation services to Participant as permitted by 45 CFR 164.504(e)(2)(i)(B). (iv) . AANI may de-identify any PHI, provided such de-identification conforms to the requirements of 45 CFR 164.514(b), including without limitation any documentation requirements. AANI may Use or Disclose such de-identified information at its discretion, as such de-identified information does not constitute PHI and is not subject to the terms of this BAA/DUA; provided that such Use or Disclosure is consistent with the Participation Agreement and applicable law. (v) v. AANI may partially de-identify any PHI to create a Limited Data Set, provided such partial de-identification conforms to the Limited Data Set requirements of 45 CFR 164.514(e)(2).