Uses or Disclosures. Associate will neither use nor disclose PHI except as permitted or required by this Addendum or as Required by Law. Associate will not sell PHI or use or disclose PHI for purposes of marketing or fundraising, as defined and proscribed in the Privacy and Security Rule and ARRA. Associate is permitted to use and disclose PHI: (i) to perform any and all obligations of Associate as described in the Agreement, provided that such use or disclosure would not violate the Privacy and Security Rule, if done by Entity directly; (ii) as otherwise permitted by law, provided that such use or disclosure would not violate the Privacy and Security Rule, if done by Entity directly and provided that Entity gives its prior written consent; (iii) to perform Data Aggregation services relating to the health care operations of Entity; (iv) to report violations of the law to federal or state authorities consistent with 45 C.F.R. § 164.502(j)(1); (v) as necessary for Associate’s proper management and administration and to carry out Associate’s legal responsibilities (collectively “Associate’s Operations”), provided that Associate may only disclose PHI for Associate’s Operations if the disclosure is Required By Law or Associate obtains reasonable assurance, evidenced by a written contract, from the recipient that the recipient will: (1) hold such PHI in confidence and use or further disclose it only for the purpose for which Associate disclosed it to the recipient or as Required By Law; and (2) notify Associate of any instance of which the recipient becomes aware in which the confidentiality of such PHI was breached; (vi) to de-identify PHI in accordance with 45 C.F.R. § 164.514(b), provided that such de-identified information may be used and disclosed only consistent with applicable law. In the event Entity notifies Associate of a restriction request that would restrict a use or disclosure otherwise permitted by this Addendum, Associate shall comply with the terms of the restriction request.
Appears in 2 contracts
Sources: Business Associate Addendum, Business Associate Addendum
Uses or Disclosures. Associate will neither use nor disclose PHI except as permitted or required by this Addendum or as Required by Law. Associate will not sell PHI or use or disclose PHI for purposes of marketing or fundraising, as defined and proscribed in the Privacy and Security Rule and ARRA. Associate is permitted to use and disclose PHI:
(i) to perform any and all obligations of Associate as described in the Agreement, provided that such use or disclosure would not violate the Privacy and Security Rule, if done by Entity directly;
(ii) as otherwise permitted by law, provided that such use or disclosure would not violate the Privacy and Security Rule, if done by Entity directly and provided that Entity gives its prior written consent;
(iii) to perform Data Aggregation services relating to the health care operations of Entity;
(iv) to report violations of the law to federal or state authorities consistent with 45 C.F.R. § 164.502(j)(1);
(v) as necessary for Associate’s proper management and administration and to carry out Associate’s legal responsibilities (collectively “Associate’s Operations”), provided that Associate may only disclose PHI for Associate’s Operations if the disclosure is Required By Law or Associate obtains reasonable assurance, evidenced by a written contract, from the recipient that the recipient will: (1) hold 20120223 such PHI in confidence and use or further disclose it only for the purpose for which Associate disclosed it to the recipient or as Required By Law; and (2) notify Associate of any instance of which the recipient becomes aware in which the confidentiality of such PHI was breached;
(vi) to de-identify PHI in accordance with 45 C.F.R. § 164.514(b), provided that such de-identified information may be used and disclosed only consistent with applicable law. In the event Entity notifies Associate of a restriction request that would restrict a use or disclosure otherwise permitted by this Addendum, Associate shall comply with the terms of the restriction request.
Appears in 1 contract
Sources: Business Associate Addendum
Uses or Disclosures. Associate will neither use nor disclose PHI except as permitted or required by this Addendum BAA or as Required by By Law. To the extent Associate will not sell PHI or use or disclose PHI for purposes is to carry out an obligation of marketing or fundraisingEntity under the HIPAA Rules, as defined and proscribed Associate shall comply with the requirements of the HIPAA Rules that apply to Entity in the Privacy and Security Rule and ARRAperformance of such obligation. Associate is permitted to use and disclose PHI:
(ia) to perform any and all obligations of Associate as described in the AgreementCCGTA, provided that such use or disclosure would not violate the Privacy and Security Rule, HIPAA Rules if done by Entity directly;
(iib) as otherwise permitted by law, provided that such use or disclosure would not violate the Privacy and Security RuleHIPAA Rules, if done by Entity directly and provided that Entity gives its prior written consent;
(iiic) to perform Data Aggregation services relating to the health care operations of Entity;
(ivd) to report violations of the law to federal or state authorities consistent with 45 C.F.R. § 164.502(j)(1);
(ve) as necessary for Associate’s proper management and administration and to carry out Associate’s legal responsibilities (collectively “Associate’s Operations”), provided that Associate may only disclose PHI for Associate’s Operations if the disclosure is Required By Law or Associate obtains reasonable assurance, evidenced by a written contract, from the recipient that the recipient will: (1) hold such PHI in confidence and use or further disclose it only for the purpose for which Associate disclosed it to the recipient or as Required By Law; and (2) notify Associate of any instance of which the recipient becomes aware in which the confidentiality of such PHI was breached;
(vi) to de-identify PHI in accordance with 45 C.F.R. § 164.514(b), provided that such de-identified information may be used and disclosed only consistent with applicable law. In the event Entity notifies Associate of a restriction request that would restrict a use or disclosure otherwise permitted by this Addendum, Associate shall comply with the terms of the restriction request.and
Appears in 1 contract
Uses or Disclosures. Associate will neither use nor disclose PHI except as permitted or required by this Addendum or as Required by By Law. To the extent Associate will not sell PHI or use or disclose PHI for purposes is to carry out an obligation of marketing or fundraisingEntity under the HIPAA Rules, as defined and proscribed Associate shall comply with the requirements of the HIPAA Rules that apply to Entity in the Privacy and Security Rule and ARRAperformance of such obligation. Associate is permitted to use and disclose PHI:
(ia) to perform any and all obligations of Associate as described in the Agreement, provided that such use or disclosure would not violate the Privacy and Security RuleHIPAA Rules, if done by Entity directly;
(iib) as otherwise permitted by law, provided that such use or disclosure would not violate the Privacy and Security RuleHIPAA Rules, if done by Entity directly and provided that Entity gives its prior written consent;
(iiic) to perform Data Aggregation services relating to the Entity’s health care operations of Entityoperations;
(ivd) to report violations of the law to federal or state authorities consistent with 45 C.F.R. CFR § 164.502(j)(1);
(ve) as necessary for Associate’s proper management and administration and to carry out Associate’s legal responsibilities (collectively “Associate’s Operations”), provided that Associate may only disclose PHI for Associate’s Operations if the disclosure is Required By Law or Associate obtains reasonable assurance, evidenced by a written contract, from the recipient that the recipient will: (1) hold such PHI in confidence and use or further disclose it only for the purpose for which Associate it was disclosed it to the recipient or as Required By Law; and (2) notify Associate of any instance of which the recipient becomes aware in which the confidentiality of such PHI was breached;
(vif) to de-identify PHI in accordance with 45 C.F.R. CFR § 164.514(b), provided that such de-identified information may be used and disclosed only consistent with applicable law. In the event Entity notifies Associate of a an Individual’s restriction request granted pursuant to 45 CFR §164.522 that would restrict a use or disclosure otherwise permitted by this AddendumSection, Associate shall comply with the terms of the restriction request.
Appears in 1 contract
Sources: Management Services Agreement (IMAC Holdings, Inc.)