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

Minimum Necessary and Limited Data Set. BlueCross’ use, disclosure or request of Protected Health Information shall utilize a Limited Data Set if practicable. Otherwise, BlueCross will, in its performance of the functions, activities, services, and operations specified in Section 1(a) above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of GHP’s Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that BlueCross 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 GHP’s Protected Health Information, 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 GHP’s Protected Health Information to be used or disclosed, or by that individual’s personal representative; iv. Disclosure to the DHHS in accordance with Section 5(a) of this HIPAA 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).