Common use of Use of Protected Health Information Clause in Contracts

Use of Protected Health Information. Contractor shall not use, and shall ensure that its directors, officers, employees, sub-contractors and agents and representatives do not use Protected Health Information (PHI), within the meaning of 45 CFR § 160.103, in any manner that would constitute a violation of the Health Insurance Portability and Accountability Act ("HIPAA"), or Title 45 Code of Federal Regulations, parts 160 and 164 (“Privacy Regulations” or “Privacy Rule”) if that use were made by HHS directly. Contractor (and others on its behalf) may only use PHI for the purpose of fulfilling its obligations under this Agreement with respect to treatment, payment, or health care operations for a plan or its enrollees; as required by law or as needed for proper management and administration and for the Contractor to carry out its legal responsibilities.