Common use of Obligations of Covered Entity Regarding Protected Health Information Clause in Contracts

Obligations of Covered Entity Regarding Protected Health Information. (a) Covered Entity shall provide Business Associate with any changes in, or revocation of, authorization by an Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. (b) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 C.F.R. § 164.522. Covered Entity shall not agree to any restrictions on the use and/or disclosure of PHI that adversely affects Business Associate. Covered Entity shall notify Business Associate, in writing, of any restriction on the use and/or disclosure of PHI that may adversely affect Business Associate. Covered Entity agrees that Business Associate shall recover costs associated with restrictions on the use and/or disclosure of PHI that adversely affect the Business Associate’s ability or costs of performance. (c) Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. § 164.520, as well as any changes to that notice. (d) Covered Entity acknowledges that it shall provide to, or request from, the Business Associate only the minimum Protected Health Information necessary for Business Associate to perform or fulfill a specific function required or permitted hereunder. (e) Covered Entity shall take immediate steps to mitigate an impermissible use or disclosure of Protected Health Information from Business Associate to Covered Entity, including its staff, employees and agents who send and receive Protected Health Information to and from Business Associate in the course and scope of their employment, such as obtaining the recipient’s satisfactory assurances that the information will not be further used or disclosed (through a confidentiality agreement or similar means between Covered Entity and its staff, employees and agents) or will be destroyed.