AG 2004 07 26 - Laserfiche WebLink

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7. HIP~Ld Compliance In addition to and without limitation of the foregoing, if and to the extent, and for as long as, required by the provisions of 42 U.S.C. 1171 et seq. enacted by the Health Portability and Accountability Act of 1996 (HIPAA) and the final regulations promulgated thereafter, as amended from time to time, each party will appropriately safeguard, in accordance with HIPAA, all Protected Health Information (PHI) (as such term is defined in HIPAA) made available to it by, or obtained by it from the other party. This section constitutes a contract between parties establishing the permitted and required uses and disclosures of such information. Without limitations of the provisions of this section each party shall: A. Not use or further disclose any PHI other than as permitted or required by this Agreement or by law. B. Not use or further disclose any PHI in a manner that would violate the requirements of the applicable law (including but not limited to HIPAA) if done by the other party. C. Use appropriate safeguards to prevent the use or disclosure of such PHI other than as provided for or by this Agreement. D. Immediately report to the other party any use of disclosure of PHI not provided for by this Agreement or of which the party becomes aware. E. Ensure that any subcontractor or agency to whom the party provides such PHI to agree in writing to the same restrictions and conditions that apply to it with respect to such PHI, provided, however, that the party shall not provide any PHI to any subcontractor or agent without the prior written consent of the other party. F. Make such PHI available for inspection and copying by the subjects thereof in accordance with applicable law (including but not limited to HIPAA). G. Make the party's internal practices, books, records relating to the use and disclosure of such PHI available to the Secretary of the United States Department of Health and Human Services for purposes of determining party's compliance with applicable law (Including but not limited to); however that in all events, the party shall immediately notify the other party upon receipt by party of any such request, and shall provide the other party with a copy thereof and of all material so disclosed. H. At termination of this Agreement, return or destroy all PHI that the party maintains in any form and retain no copies of such information or, if such return or destruction is not feasible, extend the protections of the contract to the PHI and limited further uses and disclosures to those purposes that make the return or destruction of the PHI feasible. 5