Common use of Electronic PHI Security Rule Obligations Clause in Contracts

Electronic PHI Security Rule Obligations. 5.1 With respect to Electronic PHI, Contractor Business Associate shall: a) Implement and use Administrative, Physical, and Technical Safeguards in compliance with 45 CFR sections 164.308, 164.310, and 164.312; b) Identify in writing upon request from the State all the safeguards that it uses to protect such Electronic PHI; c) Prior to any Use or Disclosure of Electronic PHI by an Agent or Subcontractor, ensure that any Agent or Subcontractor to whom it provides Electronic PHI agrees in writing to implement and use Administrative, Physical, and Technical Safeguards that reasonably and appropriately protect the Confidentiality, Integrity and Availability of Electronic PHI. The written agreement must identify the State as a direct and intended third party beneficiary with the right to enforce any breach of the agreement concerning the Use or Disclosure of Electronic PHI, and be provided to the State upon request;