Updates Required Clause Samples

Updates Required. The Employer shall amend the plan promptly with respect to any changes in the Plan Participants of its workforce who are Authorized to receive Protected Health Information. Use and Disclosure Restricted. An Authorized Plan Participant of the Employer’s workforce who receives Protected Health Information shall use or disclose the Protected Health Information only to the extent necessary to perform his duties with respect to the Plan. Resolution of Issues of Noncompliance. In the event that any Plan Participant of the Employer’s workforce uses or discloses Protected Health Information other than as permitted by the Privacy Standards, the incident shall be reported to a privacy official. The privacy official shall take appropriate action, including: investigation of the incident to determine whether the breach occurred inadvertently, through negligence, or deliberately; whether there is a pattern of breaches; and the degree of harm caused by the breach; applying appropriate sanctions against the persons causing the breach, which depending upon the nature of the breach, may include oral or written reprimand, additional training or termination of employment; mitigating any harm caused by the breach, to the extent practicable; and documentation of the incident and all actions taken to resolve the issue and mitigate any damages. Certification of Employer The Employer must provide certification to the Plan that it agrees to: not use or further disclose the Protected Health Information other than as permitted or required by the Plan documents or as required by law; ensure that any agent or subcontractor, to whom it provides Protected Health Information received from the Plan, agrees to the same restrictions and conditions that apply to the Employer with respect to such information; not use or disclose Protected Health Information for employment-related actions and decisions or in connection with any other Benefit or Employee Benefit Plan of the Employer; report to the Plan any use or disclosure of the Protected Health Information of which it becomes aware that is inconsistent with the uses or disclosures hereunder or required by law; make available Protected Health Information to individual Plan Participants in accordance with Section 164.524 of the Privacy Standards; make available Protected Health Information for amendment by individual Plan Participants and incorporate any amendments to Protected Health Information in accordance with Section 164.526 of the Priva...