Common use of Minimum Necessary and Limited Data Set Clause in Contracts

Minimum Necessary and Limited Data Set. BUSINESS ASSOCIATE’s use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, BUSINESS ASSOCIATE will, in its performance of the functions, activities, services, and operations specified in Section 1.1 above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of COMPANY’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that BUSINESS ASSOCIATE will not be obligated to comply with this minimum necessary limitation with respect to: a. Disclosure to or request by a health care provider for Treatment; b. Use for or disclosure to an individual who is the subject of COMPANY’s Protected Health Information, or that individual’s personal representative; c. Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of COMPANY’s Protected Health Information to be used or disclosed, or by that individual’s personal representative; d. Disclosure to the United States Department of Health and Human Services (“DHHS”) in accordance with Section 5.1 of this Addendum; e. Use or disclosure that is Required by Law; or f. Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2).

Minimum Necessary and Limited Data Set. BUSINESS ASSOCIATE’s use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, BUSINESS ASSOCIATE will, in its performance of the functions, activities, services, and operations specified in Section 1.1 above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of COMPANY’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that BUSINESS ASSOCIATE will not be obligated to comply with this minimum necessary limitation with respect to: a. A. Disclosure to or request by a health care provider for Treatment; b. B. Use for or disclosure to an individual who is the subject of COMPANY’s Protected Health Information, or that individual’s personal representative; c. C. Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of COMPANY’s Protected Health Information to be used or disclosed, or by that individual’s personal representative; d. D. Disclosure to the United States Department of Health and Human Services (“DHHS”) in accordance with Section 5.1 of this Addendum; e. E. Use or disclosure that is Required by Law; or f. F. Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2).

Minimum Necessary and Limited Data Set. BUSINESS ASSOCIATEBusiness Associate’s use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, BUSINESS ASSOCIATE Business Associate will, in its performance of the functions, activities, services, and operations specified in Section 1.1 1(a) above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of COMPANYParticipant’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that BUSINESS ASSOCIATE Business Associate will not be obligated to comply with this minimum necessary limitation with respect to: a. : Disclosure to or request by a health care provider for Treatment; b. ; Use for or disclosure to an individual who is the subject of COMPANYParticipant’s Protected Health Information, or that individual’s personal representative; c. ; Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of COMPANYParticipant’s Protected Health Information to be used or disclosed, or by that individual’s personal representative; d. ; Disclosure to the United States Department of Health and Human Services (“DHHS”) DHHS in accordance with Section 5.1 of this Addendum; e. BAA; Use or disclosure that is Required by Law; or f. or Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2).