Accounting of PHI. Within ten (10) Business Days of notice by Empire of a request for an accounting of disclosures of PHI by IBM or its subcontractors, IBM shall make available the account of such disclosures to Empire as requested for Empire to fulfill its obligations to provide an accounting pursuant to the Privacy Rule, including 45 C.F.R. (S) 164.528. IBM shall implement a process that allows for such an accounting. If the individual requests an accounting of disclosures of PHI directly from IBM, IBM shall not provide the individual the account of such disclosures unless directed by Empire. Empire shall have full discretion to determine whether the individual shall be given such accounting. If and to the extent that the IBM project office supporting the Empire environment or any IBM personnel providing Services to Empire receives, directly or indirectly, a request from an individual requesting PHI, IBM shall use Commercially Reasonable Efforts to notify Empire in writing promptly after and of such individual's request for an accounting of disclosures of PHI, as set forth in the previous two sentences, but in no event later than ten (10) Business Days of receiving such request.
Appears in 2 contracts
Sources: Master Services Agreement (Wellchoice Inc), Master Services Agreement (Wellchoice Inc)
Accounting of PHI. Within ten (10) Business Days of notice by Empire of a request for an accounting of disclosures of PHI by IBM or its subcontractors, IBM shall make available the account of such disclosures to Empire as requested for Empire to fulfill its obligations to provide an accounting pursuant to the Privacy Rule, including 45 C.F.R. (S) 164.528. IBM shall implement a process that allows for such an accounting. If the individual requests an accounting of disclosures of PHI directly from IBM, IBM shall not provide provided the individual the account of such disclosures unless directed by Empire. Empire shall have full discretion to determine whether the individual shall be given such accounting. If and to the extent that the IBM project office supporting the Empire environment or any IBM personnel providing Services services to Empire receives, directly or indirectly, a request from an individual requesting an accounting of disclosures of PHI, IBM shall use Commercially Reasonable Efforts to notify Empire in writing promptly after and of such individual's request for an accounting of disclosures of PHI, as set forth in the previous two sentences, but in no event not later than ten (10) Business Days of receiving such request.
Appears in 1 contract
Sources: Software License and Support Agreement (Wellchoice Inc)