Common use of Use and Disclosure of PHI Clause in Contracts

Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate shall not use, maintain, transmit or disclose PHI except as necessary to provide services to or on behalf of Covered Entity and except as required by Law. Provided, however, Business Associate may use and disclose PHI as necessary for the proper management and administration of Business Associate, or to carry out its legal responsibilities. Business Associate shall in such cases: 3.1.1 provide information to members of its workforce using or disclosing PHI regarding the confidentiality requirements in HIPAA and this Agreement; 3.1.2 obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (i) the PHI will be held confidential and further used and disclosed only as required by Law or for the purpose for which it was disclosed to the person or entity; and (ii) the person or entity will notify Business Associate of any instances of which it is aware in which confidentiality of the PHI has been breached; 3.1.3 agree to notify the Privacy Officer of Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by HIPAA.

Appears in 3 contracts

Samples: Direct Contracting Entity Participant Provider Agreement, Direct Contracting Entity Participant Provider Agreement, Direct Contracting Entity Participant Provider Agreement

AutoNDA by SimpleDocs

Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate shall not use, maintain, transmit use or disclose PHI except as necessary to provide services to or on behalf of Covered Entity Entity, and except as required shall not use or disclose PHI that would violate the HIPAA Rules or HITECH Act if used or disclosed by LawCovered Entity. Provided, however, Business Associate may use and disclose PHI as necessary for the proper management and administration of Business Associate, or to carry out its legal responsibilities. Business Associate shall in such cases: 3.1.1 provide information to members of its workforce using or disclosing PHI regarding the confidentiality requirements in the HIPAA Rules and this Agreement; 3.1.2 obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (i) the PHI will be held confidential and further used and disclosed only as required Required by Law or for the purpose for which it was disclosed to the person or entity; and (ii) the person or entity will notify Business Associate of any instances of which it is aware in which confidentiality of the PHI has been breached; 3.1.3 agree to notify the Privacy Officer of Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by HIPAAthe HIPAA Rules or HITECH Act.

Appears in 1 contract

Samples: Aco Participant Agreement

Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate BA shall not use, maintain, transmit use or disclose PHI other than as permitted or required by the Agreement or as Required By Law, except as necessary to provide services <<SUMMARY OF WORK>> as described in this Agreement and the Contract to or on behalf of Covered Entity the CE. These activities include a review of selected records and except may include the transmitting or receiving of PHI, as may be required from time to time, to other business associates or covered entities on behalf of CE. BA shall not use or disclose PHI that would violate the HIPAA Rules if used or disclosed by LawCE. Provided, however, Business Associate BA may use and disclose PHI as necessary for the proper management and administration of Business AssociateBA, or to carry out its legal responsibilities. Business Associate BA shall in such cases: 3.1.1 provide (a) Provide information to members of its workforce using suing or disclosing PHI regarding the confidentiality requirements in of the HIPAA Final Rules and this Agreement; 3.1.2 obtain (b) Obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (i) the PHI will be held confidential and further used and disclosed only as required Required by Law or for the purpose for which it was disclosed to the person or entity; and (ii) the person or entity will notify Business Associate BA of any instances of which it is aware in which confidentiality of the PHI has been breached; 3.1.3 agree to notify the Privacy Officer of Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by HIPAA.

Appears in 1 contract

Samples: Business Associate Agreement

Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate shall not use, maintain, transmit or disclose PHI except as necessary to provide services to or on behalf of Covered Entity the Plan and except as required by Law. Provided, however, Business Associate may use and disclose PHI as necessary for the proper management and administration of Business Associate, or to carry out its legal responsibilities. Business Associate shall in such cases: 3.1.1 provide 2.1.1 Provide information to members of its workforce using or disclosing PHI regarding the confidentiality requirements in HIPAA the HITECH Act and this Agreement; 3.1.2 2.1.2 obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (i) the PHI will be held confidential and further used and disclosed only as required by Law or for the purpose for which it was disclosed to the person or entity; and (ii) the person or entity will notify Business Associate of any instances of which it is aware in which confidentiality of the PHI has been breached; 3.1.3 2.1.3 agree to notify the Privacy Officer of Covered Entity Plan of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by HIPAAthe HITECH Act.

Appears in 1 contract

Samples: Business Associate Agreement

AutoNDA by SimpleDocs

Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate shall not use, maintain, transmit or disclose PHI except as necessary to provide services to or on behalf of Covered Entity the Plan and except as required by Law. Provided, however, Business Associate may use and disclose PHI as necessary for the proper management and administration of Business Associate, or to carry out its legal responsibilities. Business Associate shall in such cases: 3.1.1 provide 2.1.1 Provide information to members of its workforce using or disclosing PHI regarding the confidentiality requirements in HIPAA the HITECH Act and this Agreement; 3.1.2 obtain 2.1.2 Obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (i) the PHI will be held confidential and further used and disclosed only as required by Law or for the purpose for which it was disclosed to the person or entity; and (ii) the person or entity will notify Business Associate of any instances of which it is aware in which confidentiality of the PHI has been breached; 3.1.3 agree to notify 2.1.3 Notify the Privacy Officer of Covered Entity Employer of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by HIPAAthe HITECH Act.

Appears in 1 contract

Samples: Business Associate Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!