Return or Destruction of PHI upon Termination Clause Samples
The "Return or Destruction of PHI upon Termination" clause requires that, when a contract or agreement ends, any protected health information (PHI) held by a party must either be returned to the disclosing party or securely destroyed. In practice, this means that all physical and electronic records containing PHI must be identified and either sent back or rendered irretrievable, unless returning or destroying the information is not feasible, in which case continued protection is mandated. This clause ensures that sensitive health information is not improperly retained or disclosed after the business relationship concludes, thereby safeguarding patient privacy and maintaining compliance with legal requirements such as HIPAA.
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Return or Destruction of PHI upon Termination. Within thirty (30) days of termination of this Agreement, Business Associate will return to Covered Entity all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity which Business Associate maintains in any form or format, and Business Associate will not maintain or keep in any form or format any portion of such PHI. Alternatively, Covered Entity may request that Business Associate destroy all such PHI upon termination of this Agreement rather than returning PHI to the Covered Entity. Business Associate shall provide written documentation of such destruction. The requirement to return or destroy such PHI will apply to all Subcontractors of Business Associate. Business Associate will be responsible for recovering and returning to Covered Entity, or destroying, any PHI from such Subcontractors. If Business Associate cannot obtain the PHI from any Subcontractor, Business Associate will so notify Covered Entity and will require that such Subcontractors directly return PHI to Covered Entity or otherwise destroy such PHI, subject to the terms of this Section.
Return or Destruction of PHI upon Termination. Upon termination of this Agreement, for any reason, Business Associate will return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, if feasible. In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate will extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI.
Return or Destruction of PHI upon Termination. Upon termination or expiration of the Contract, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:
i. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;
ii. Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining PHI that the Business Associate still maintains in any form;
iii. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI;
iv. Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set forth in Section 3 of this Agreement which applied prior to termination; and
v. Return to Covered Entity or, if agreed to by Covered Entity, destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. Upon notice of termination of this Agreement, Business Associate shall destroy or return to Covered Entity any and all PHI created or received by Business Associate in the same manner required for all state data under the Contract. Within fifteen (15) calendar days of any notice of termination of this Agreement, Business Associate shall notify Covered Entity in writing as to whether Business Associate elects to return or destroy such PHI. Except as provided in subsection (d), within thirty (30) calendar days of the notice of termination of this Agreement, Business Associate shall return to Covered Entity or destroy any and all PHI maintained by Business Associate in any form and shall retain no copies thereof. Business Associate also shall recover and return or destroy, within such time period, any and all PHI in the possession of its subcontractors or agents. If Business Associate elects to destroy PHI, Business Associate shall obtain written confirmation from Covered Entity that such actions will not violate the State of Florida’s record retention policies. Upon destruction, Business Associate shall provide written certification to Covered Entity that such PHI has been destroyed. If any subcontractor or agent o...
Return or Destruction of PHI upon Termination. Upon termination of this Agreement, MMBS shall return or destroy all PHI received from Medical Practice or created or received by MMBS on behalf of Medical Practice and which MMBS still maintains as PHI. Notwithstanding the foregoing, to the extent that MMBS determines, in its sole discretion, that it is not feasible to return or destroy such PHI, this Addendum (including, without limitation, Section 2.1(d) of this Addendum) shall survive termination of this Agreement and such PHI shall be used or disclosed solely for such purpose or purposes which prevented the return or destruction of such PHI.
Return or Destruction of PHI upon Termination. Upon termination of this BA Agreement, Business Associate shall return or destroy all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity and which Business Associate still maintains as PHI. Notwithstanding the foregoing, to the extent that Business Associate reasonably and in good faith determines that it is not feasible to return or destroy such PHI, the terms and provisions of this BA Agreement shall survive termination of any other agreement between the parties and such PHI shall be used or disclosed solely for such purpose or purposes which prevented the return or destruction of such PHI.
Return or Destruction of PHI upon Termination. Upon notice of termination of this Agreement, Business Associate shall destroy or return to Covered Entity any and all PHI created or received by Business Associate. Within fifteen (15) calendar days of any notice of termination of this Agreement, Business Associate shall notify Covered Entity in writing as to whether Business Associate elects to return or destroy such PHI. Except as provided in subsection (d), within thirty (30) calendar days of the notice of termination of this Agreement, Business Associate shall return to Covered Entity or destroy any and all PHI maintained by Business Associate in any form and shall retain no copies thereof. Business Associate also shall recover and return or destroy, within such time period, any and all PHI in the possession of its subcontractors or agents. If Business Associate elects to destroy PHI, Business Associate shall obtain written confirmation from Covered Entity that such actions will not violate the State of Florida’s record retention policies. Upon destruction, Business Associate shall provide written certification to Covered Entity that such PHI has been destroyed. If any subcontractor or agent of Business Associate elects to destroy PHI, Business Associate will require such subcontractor or agent to provide written certification to Business Associate and to Covered Entity when such PHI has been destroyed.
Return or Destruction of PHI upon Termination. Upon termination of this Agreement, Modernizing Medicine shall return or destroy all PHI received from Medical Practice or created or received by Modernizing Medicine on behalf of Medical Practice and which Modernizing Medicine still maintains as PHI. Notwithstanding the foregoing, to the extent that Modernizing Medicine determines, in its sole discretion, that it is not feasible to return or destroy such PHI, this Addendum (including, without limitation, Section 2.1(d) of this Addendum) shall survive termination of this Agreement and such PHI shall be used or disclosed solely for such purpose or purposes which prevented the return or destruction of such PHI. I. Description of Basic Support (“Basic Support”)
Return or Destruction of PHI upon Termination. Upon expiration or earlier termination of these Terms, Cue shall either return or destroy all PHI received from Covered Entity or created or received by Cue on behalf of Covered Entity and which Cue still maintains in any form. Notwithstanding the foregoing, to the extent that Cue determines that it is not feasible to return or destroy such PHI, the terms and provisions of these BA Terms shall survive termination of these Terms and such PHI shall be used or disclosed solely for such purpose or purposes which prevented the return or destruction of such PHI.
Return or Destruction of PHI upon Termination. Upon termination of this Agreement, Business Associate shall return or destroy all PHI received from, or created or received by Business Associate on behalf of, Covered Entity that Business Associate still maintains in any form and retain no copies of such PHI. Notwithstanding the foregoing, to the extent that it is not feasible to return or destroy such PHI, Business Associate shall provide Covered Entity notification of the conditions that make return or destruction infeasible, and for all such data the terms and provisions of this Agreement shall survive the termination of the Agreement with respect to such PHI, and such PHI shall be used or disclosed solely for such purpose or purposes that made the return or destruction of the information infeasible.
Return or Destruction of PHI upon Termination. Upon termination of this Agreement for any reason, BUSINESS ASSOCIATE will return or properly destroy all PHI received from COVERED ENTITY, or created or received by BUSINESS ASSOCIATE on behalf of COVERED ENTITY. This provision will apply to PHI that is in the possession of contractors or agents of BUSINESS ASSOCIATE. BUSINESS ASSOCIATE will retain no copies of PHI except as required by law. In the event that BUSINESS ASSOCIATE determines that returning or properly destroying the PHI is not feasible, BUSINESS ASSOCIATE will notify COVERED ENTITY of the conditions that make return or destruction not feasible, and will extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as BUSINESS ASSOCIATE maintains such PHI.