Common use of Use or Disclosure of Protected Health Information Clause in Contracts

Use or Disclosure of Protected Health Information. Except as otherwise required by law, Business Associate shall not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by the Covered Entity. Furthermore, Business Associate shall use or disclose PHI (i) solely for the benefit of Covered Entity and only for the purpose of performing services, including data aggregation services, for Covered Entity as such services are defined in the Business Arrangements between Covered Entity and Business Associate, (ii) as necessary for the proper management and administration of Business Associate to carry out its legal responsibilities, provided that such uses are permitted under federal and state law. Business Associate agrees that all disclosures of PHI shall be the minimum necessary to accomplish the intended purpose of the disclosure and consistent with the Covered Entity’s minimum necessary policies and procedures. Except to the extent necessary to perform its obligations under the Business Arrangements, Business Associate may not de-identify PHI received from, or created on behalf of, Covered Entity without the express written authorization of Covered Entity.