Common use of Part 164 Clause in Contracts

Part 164. In the event of a Breach requiring indemnification and hold harmless in accordance with subsection 5(u), below, the Premium Assistance Program may elect to directly comply with breach notification requirements or require Business Associate to comply with all breach notifications requirements of 45 C.F.R. Part 164 on behalf of the Premium Assistance Program. If the Premium Assistance Program requires the Business Associate to comply with breach notification requirements, the Business Associate shall provide the Premium Assistance Program with a detailed weekly, written report, starting one week following discovery of the Breach. The report shall include, at a minimum, the Business Associate’s progress regarding breach notification and mitigation of the Breach. If the Premium Assistance Program elects to directly meet the requirements of 45 C.F.R. Part 164, the Business Associate shall be financially responsible to the Premium Assistance Program for all resulting costs and fees incurred by the Premium Assistance Program, including, but not limited to, labor, materials, or supplies. The Premium Assistance Program may at its sole option: Offset amounts otherwise due and payable to Business Associate under the Agreement; or Seek reimbursement of or direct payment to a third party of the Premium Assistance Program’s costs and fees incurred under this subsection. The Business Associate shall make payment to the Premium Assistance Program (or a third party as applicable) within 30 days from the date of the Premium Assistance Program’s written notice to the Business Associate.

Part 164. In the event of a Breach requiring indemnification and hold harmless in accordance with subsection 5(u), below, the Premium Assistance Program Covered Entity may elect to directly comply with breach notification requirements or require Business Associate to comply with all breach notifications requirements of 45 C.F.R. Part 164 on behalf of the Premium Assistance ProgramCovered Entity. If the Premium Assistance Program Covered Entity requires the Business Associate to comply with breach notification requirements, the Business Associate shall provide the Premium Assistance Program Covered Entity with a detailed weekly, written report, starting one week following discovery of the Breach. The report shall include, at a minimum, the Business Associate’s progress regarding breach notification and mitigation of the Breach. If the Premium Assistance Program Covered Entity elects to directly meet the requirements of 45 C.F.R. Part 164, the Business Associate shall be financially responsible to the Premium Assistance Program Covered Entity for all resulting costs and fees incurred by the Premium Assistance ProgramCovered Entity, including, but not limited to, labor, materials, or supplies. The Premium Assistance Program Covered Entity may at its sole option: Offset amounts otherwise due and payable to Business Associate under the Agreement; or Seek reimbursement of or direct payment to a third party of the Premium Assistance ProgramCovered Entity’s costs and fees incurred under this subsection. The Business Associate shall make payment to the Premium Assistance Program Covered Entity (or a third party as applicable) within 30 days from the date of the Premium Assistance ProgramCovered Entity’s written notice to the Business Associate.