Common use of Availability of Information to Empire Clause in Contracts

Availability of Information to Empire. Within ten (10) Business Days of receipt of a request from Empire, IBM shall, in accordance with such Empire request, make PHI available to Empire, provide Empire access to PHI, and/or make a copy of PHI available to Empire, all in accordance with the Privacy Rule, including 45 C.F.R. (S) 164.524. If the individual requests PHI directly from IBM, IBM shall not give the individual access to the PHI unless access is approved by Empire. Empire shall have full discretion to determine whether the individual shall be given access. 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 PHI, as set forth in the previous two sentences, but in no event later than ten (10) Business Days of receiving such request.

Availability of Information to Empire. Within ten (10) Business Days of receipt of a request from Empire, IBM shall, in accordance with such Empire request, make PHI available to Empire, provide Empire access to PHI, and/or make a copy of PHI available to Empire, all in accordance with the Privacy Rule, including 45 C.F.R. (S) 164.524. If the individual requests PHI directly from IBM, IBM shall not give the individual access to the PHI unless access is approved by Empire. Empire shall have full discretion to determine whether the individual shall be given access. 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 PHI, IBM shall use Commercially Reasonable Efforts to notify Empire in writing promptly after and of such individual's request for PHI, as set forth in the previous two sentences, but in no event not later than ten (10) Business Days of receiving such request.