Common use of SPONSOR Not Covered By HIPAA Clause in Contracts

SPONSOR Not Covered By HIPAA. SPONSOR represents, warrants and covenants, and the Institution and the Principal Investigator acknowledge such representation, warranty and covenant, that, except as otherwise required by Applicable Law, no component of SPONSOR or any of its affiliates that will be performing any of SPONSOR’s obligations under this Agreement: (a) is a “Covered Entity,” (b) will become a “Business Associate” of a Covered Entity by performing its obligations under this Agreement or (c) is otherwise governed by HIPAA. Nevertheless, SPONSOR agrees to fully cooperate and to not interfere with the efforts of Institution to maintain compliance with HIPAA and other applicable laws and regulations concerning the use, disclosure, and maintenance of patient medical records and other health information. SPONSOR agrees to abide by the terms of the informed consent form and HIPAA authorization signed by Subjects, and to comply with all federal and state health information confidentiality laws and regulations applicable to it. If SPONSOR gains access to any Subject medical records or protected health information that is not covered by an informed consent form or HIPAA authorization, SPONSOR shall hold such information in the strictest confidence, shall not remove records containing such information from the Institution and, if inadvertently removed, shall immediately return any records containing such information to the Institution.