Common use of Compliance with the Privacy Rule Clause in Contracts

Compliance with the Privacy Rule. (a) The parties shall only use and disclose Protected Health Information in accordance with the Privacy Rule and Law, (b) Manager agrees to document and make available to Hospital the information required for Hospital to provide an accounting of disclosures as set forth in the Privacy Rule for disclosures for which an accounting is required. Such records and accounting shall be provided to Hospital only upon receipt of a written request from Hospital. The parties agree to work together in good faith to resolve any disagreement over the requirements of 45 C.F.R. § 164.528 BUSINESS ASSOCIATE AGREEMENT (c) Manager agrees to promptly report to Hospital any use or disclosure of information it knows or should know is other than as permitted in this Agreement. (d) Manager agrees that to the extent that it contracts with any agents, including a subcontractor, who will have access to any Protected Health Information, it will use reasonable efforts to strive to ensure that the agents, including a subcontractor, agree to the restrictions and conditions herein on the use or disclosure of Protected Health Information and shall not, in any manner that violates the Privacy Rule or any other applicable Law, use or disclose Protected Health Information except as permitted or required by this Agreement and under Laws including, but not limited to, the Privacy Rule. (e) Manager agrees to limit the use and disclosure of Protected Health Information to the appropriate minimum necessary representations as set forth in and in accordance with the Privacy Rule codified at 45 C.F.R. Section 164.514(d). (f) To the extent Manager has Protected Health Information in a Designated Record Set, Manager agrees to make Protected Health Information regarding a specific individual available to that individual as set forth in the Privacy Rule codified at 45 C,F.R, Section 164.524. Upon receipt of a request from an individual for such access, Manager shall forward such request to Hospital with a copy of any Protected Health Information in the possession of Manager for which access was requested by the individual. Further, upon receipt of a request from Hospital, Manager agrees to provide access to Protected Health Information in a Designated Record Set, to Hospital or, as directed by Hospital, to an Individual in order to meet the requirements under 45 C.P.R. 164.524. The provision of the access to the individual's Protected Health Information and any denials of access to the Protected Health Information shall be the responsibility of Hospital. (g) Manager agrees to incorporate any amendments to any Protected Health Information contained in a Designated Record Set and maintained by Manager (for so long as the Protected Health Information is maintained in the Designated Record Set) provided by an individual to the extent and in the manner required by the Privacy Rule codified at Section 164.526. Manager shall provide Hospital with written notice of an individual's request for an amendment. All decisions regarding the amendment of Protected Health Information shall be the responsibility of Hospital. (h) Manager agrees to make its internal practices, books and records relating to the use and disclosure of Protected Health Information, including policies and procedures relating to Protected Health Information, received from, or created or received by contracts on behalf of Hospital available to the Secretary for the sole purpose of compliance determinations as set forth in the Privacy Rule. (i) Manager and Hospital agree that the confidentiality provisions of this Agreement, specifically Sections 3 and 4, shall survive termination of this Agreement. (j) Manager may provide data aggregation services relating to the health care operations of Hospital. (k) Manager is not prohibited by this Agreement from utilizing Protected Health Information for its proper management and administration or to carry out its legal responsibilities, if any. Further, Manager is not prohibited from disclosing Protected Health Information if the disclosure is required by Law or Manager obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by Law or for the purpose for which is was disclosed to the person. Manager will further require that the person to whom information is disclosed inform the Manager of any breach of confidentiality or violation of the Privacy Rule with respect to that information. Manager is not prohibited from using Protected Health Information to report violations of law to appropriate Federal and State authorities consistent with the Privacy Rule. BUSINESS ASSOCIATE AGREEMENT (m) Manager agrees to mitigate, to the extent reasonably practicable, any harmful effect that is known to Manager of a use or disclosure of Protected Health Information by Manager in violation of the requirements of this Agreement.

Compliance with the Privacy Rule. (a) The parties shall only use and disclose Protected Health Information in accordance with the Privacy Rule and Law, (b) Manager agrees to document and make available to Hospital ASC the information required for Hospital ASC to provide an accounting of disclosures as set forth in the Privacy Rule for disclosures for which an accounting is required. Such records and accounting shall be provided to Hospital ASC only upon receipt of a written request from HospitalASC. The parties agree to work together in good faith to resolve any disagreement over the requirements of 45 C.F.R. § 164.528 BUSINESS ASSOCIATE AGREEMENT164.528 (c) Manager agrees to promptly report to Hospital ASC any use or disclosure of information it knows or should know is other than as permitted in this Agreement. (d) Manager agrees that to the extent that it contracts with any agents, including a subcontractor, who will have access to any Protected Health Information, it will use reasonable efforts to strive to ensure that the agents, including a subcontractor, agree to the restrictions and conditions herein on the use or disclosure of Protected Health Information and shall not, in any manner that violates the Privacy Rule or any other applicable Law, use or disclose Protected Health Information except as permitted or required by this Agreement and under Laws including, but not limited to, the Privacy Rule. (e) Manager agrees to limit the use and disclosure of Protected Health Information to the appropriate minimum necessary representations as set forth in and in accordance with the Privacy Rule codified at 45 C.F.R. Section 164.514(d). (f) To the extent Manager has Protected Health Information in a Designated Record Set, Manager agrees to make Protected Health Information regarding a specific individual available to that individual as set forth in the Privacy Rule codified at 45 C,F.R, Section 164.524. Upon receipt of a request from an individual for such access, Manager shall forward such request to Hospital ASC with a copy of any Protected Health Information in the possession of Manager for which access was requested by the individual. Further, upon receipt of a request from HospitalASC, Manager agrees to provide access to Protected Health Information in a Designated Record Set, to Hospital ASC or, as directed by HospitalASC, to an Individual in order to meet the requirements under 45 C.P.R. 164.524. The provision of the access to the individual's Protected Health Information and any denials of access to the Protected Health Information shall be the responsibility of HospitalASC. (g) Manager agrees to incorporate any amendments to any Protected Health Information contained in a Designated Record Set and maintained by Manager (for so long as the Protected Health Information is maintained in the Designated Record Set) provided by an individual to the extent and in the manner required by the Privacy Rule codified at Section 164.526. Manager shall provide Hospital ASC with written notice of an individual's request for an amendment. All decisions regarding the amendment of Protected Health Information shall be the responsibility of HospitalASC. (h) Manager agrees to make its internal practices, books and records relating to the use and disclosure of Protected Health Information, including policies and procedures relating to Protected Health Information, received from, or created or received by contracts on behalf of Hospital ASC available to the Secretary for the sole purpose of compliance determinations as set forth in the Privacy Rule. (i) Manager and Hospital ASC agree that the confidentiality provisions of this Agreement, specifically Sections 3 and 4, shall survive termination of this Agreement. (j) Manager may provide data aggregation services relating to the health care operations of HospitalASC. (k) Manager is not prohibited by this Agreement from utilizing Protected Health Information for its proper management and administration or to carry out its legal responsibilities, if any. Further, Manager is not prohibited from disclosing Protected Health Information if the disclosure is required by Law or Manager obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by Law or for the purpose for which is was disclosed to the person. Manager will further require that the person to whom information is disclosed inform the Manager of any breach of confidentiality or violation of the Privacy Rule with respect to that information. Manager is not prohibited from using Protected Health Information to report violations of law to appropriate Federal and State authorities consistent with the Privacy Rule. BUSINESS ASSOCIATE AGREEMENT. (m) Manager agrees to mitigate, to the extent reasonably practicable, any harmful effect that is known to Manager of a use or disclosure of Protected Health Information by Manager in violation of the requirements of this Agreement.