Minimum Necessary and Limited Data Set. In any instance when Business Associate Uses, requests or discloses PHI under this Agreement or in accordance with other agreements that exist between Company and Business Associate, Business Associate shall utilize a Limited Data Set, if practicable. Otherwise, Business Associate may Use or disclose only the minimum amount of PHI necessary to accomplish the intended purpose, except that Business Associate will not be obligated to comply with this minimum necessary limitation with respect to: (i) Disclosure to or request by a Health Care Provider for Treatment; (ii) Use for or Disclosure to an Individual who is the subject of Company’s PHI, or that Individual’s Personal Representative; (iii) 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 PHI to be used or disclosed, or by that Individual’s Personal Representative; (iv) Disclosure to the United States Department of Health and Human Services (“HHS”) in accordance with Section C(5) of this Agreement; (v) Use or Disclosure that is Required by Law; or (vi) Any other Use or Disclosure that is excepted from the Minimum Necessary limitation as specified in 45 C.F.R. §164.502(b)(2).
Appears in 3 contracts
Sources: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement
Minimum Necessary and Limited Data Set. In any instance when Business Associate Uses, requests or discloses PHI under this Agreement or in accordance with other agreements that exist between Company and Business Associate, Business Associate shall utilize a Limited Data Set, if practicable. Otherwise, Business Associate may Use or disclose only the minimum amount of PHI necessary to accomplish the intended purpose, except that Business Associate will not be obligated to comply with this minimum necessary limitation with respect to:
(i) Disclosure to or request by a Health Care Provider for Treatment;
(ii) Use for or Disclosure to an Individual who is the subject of Company’s PHI, or that Individual’s Personal Representative;
(iii) 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 PHI to be used or disclosed, or by that Individual’s Personal Representative;
(iv) Disclosure to the United States Department of Health and Human Services (“HHS”) in accordance with Section C(5B(5) of this Agreement;
(v) Use or Disclosure that is Required by Law; or
(vi) Any other Use or Disclosure that is excepted from the Minimum Necessary limitation as specified in 45 C.F.R. §164.502(b)(2).
Appears in 2 contracts
Sources: Pharmacy Benefit Management Services Agreement, Pharmacy Benefit Management Services Agreement (Express Scripts Inc)
Minimum Necessary and Limited Data Set. In any instance when Business Associate Usesuses, requests or discloses PHI under this Agreement or in accordance with other agreements that exist between Company and Business Associate, Business Associate shall utilize a Limited Data Set, if practicable. Otherwise, Business Associate may Use or disclose only the minimum amount of PHI necessary to accomplish the intended purpose, except that Business Associate will not be obligated to comply with this minimum necessary limitation with respect to:
(i) Disclosure to or request by a Health Care Provider for Treatment;
(ii) Use for or Disclosure to an Individual who is the subject of Company’s PHI, or that Individual’s Personal Representative;
(iii) 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 PHI to be used or disclosed, or by that Individual’s Personal Representative;
(iv) Disclosure to the United States Department of Health and Human Services (“HHS”) in accordance with Section C(5) of this Agreement;
(v) Use or Disclosure that is Required by Law; or
(vi) Any other Use or Disclosure that is excepted from the Minimum Necessary limitation as specified in 45 C.F.R. §164.502(b)(2).
Appears in 1 contract
Sources: Business Associate Agreement