Common use of Accounting Rights Clause in Contracts

Accounting Rights. Within ten (10) days of notice by COUNTY of a request for an accounting of disclosures of Protected Information, BUSINESS ASSOCIATE and its agents or subcontractors shall make available to COUNTY the information required to provide an accounting of disclosures to enable COUNTY to fulfill its obligations under the Privacy Rule, including, but not limited to, 45 C.F.R. Section 164.528, and the HITECH Act, including, but not limited to 42 U.S.C. Section 17935(c), as determined by COUNTY. BUSINESS ASSOCIATE agrees to implement a process that allows for an accounting to be collected and maintained by BUSINESS ASSOCIATE and its agents or subcontractors for at least six (6) years prior to the request. However, accounting of disclosures from an Electronic Health Record for treatment, payment or health care operations purposes are required to be collected and maintained for only three (3) years prior to the request, and only to the extent that BUSINESS ASSOCIATE maintains an electronic health record and is subject to this requirement. At a minimum, the information collected and maintained shall include: (i) the date of disclosure; (ii) the name of the entity or person who received Protected Information and, if known, the address of the entity or person; (iii) a brief description of Protected Information disclosed; and (iv) a brief statement of purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual’s authorization, or a copy of the written request for disclosure. In the event that the request for an accounting is delivered directly to BUSINESS ASSOCIATE or its agents or subcontractors, BUSINESS ASSOCIATE shall within five (5) days of a request forward it to COUNTY in writing. It shall be COUNTY’s responsibility to prepare and deliver any such accounting requested. BUSINESS ASSOCIATE shall not disclose any Protected Information except as set forth in Sections 2.b. of this Business Associate Agreement [45 C.F.R. Sections 164.504(e)(2)(ii)(G) and 165.528]. The provisions of this subparagraph i shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Hipaa Business Associate Agreement, Hipaa Business Associate Agreement

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Accounting Rights. Within ten (10) days of notice by COUNTY PARTICIPANT of a request for an accounting of disclosures of Protected Information, BUSINESS ASSOCIATE and its agents or subcontractors shall make available to COUNTY PARTICIPANT the information required to provide an accounting of disclosures to enable COUNTY PARTICIPANT to fulfill its obligations under the Privacy Rule, including, but not limited to, 45 C.F.R. Section 164.528, and the HITECH Act, including, but not limited to 42 U.S.C. Section 17935(c), as determined by COUNTYPARTICIPANT. BUSINESS ASSOCIATE agrees to implement a process that allows for an accounting to be collected and maintained by BUSINESS ASSOCIATE and its agents or subcontractors for at least six (6) years prior to the request. However, accounting of disclosures from an Electronic Health Record for treatment, payment or health care operations purposes are required to be collected and maintained for only three (3) years prior to the request, and only to the extent that BUSINESS ASSOCIATE maintains an electronic health record and is subject to this requirement. At a minimum, the information collected and maintained shall include: (i) the date of disclosure; (ii) the name of the entity or person who received Protected Information and, if known, the address of the entity or person; (iii) a brief description of Protected Information disclosed; and (iv) a brief statement of purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual’s authorization, or a copy of the written request for disclosure. In the event that the request for an accounting is delivered directly to BUSINESS ASSOCIATE or its agents or subcontractors, BUSINESS ASSOCIATE shall within five (5) days of a request forward it to COUNTY PARTICIPANT in writing. It shall be COUNTYPARTICIPANT’s responsibility to prepare and deliver any such accounting requested. BUSINESS ASSOCIATE shall not disclose any Protected Information except as set forth in Sections 2.b. of this Business Associate Agreement [45 C.F.R. Sections 164.504(e)(2)(ii)(G) and 165.528]. The provisions of this subparagraph i shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Connect Referral System Business Associate Agreement

Accounting Rights. Within ten (10) days of notice by COUNTY PARTICIPANT of a request for an accounting of disclosures of Protected Information, BUSINESS ASSOCIATE and its agents or subcontractors shall make available to COUNTY PARTICIPANT the information required to provide an accounting of disclosures to enable COUNTY PARTICIPANT to fulfill its obligations under the Privacy Rule, including, but not limited to, 45 C.F.R. Section 164.528, and the HITECH Act, including, but not limited to 42 U.S.C. Section 17935(c), as determined by COUNTYPARTICIPANT. BUSINESS ASSOCIATE agrees to implement a process that allows for an accounting to be collected and maintained by BUSINESS ASSOCIATE and its agents or subcontractors for at least six (6) years prior to the request. However, accounting of disclosures from an Electronic Health Record for treatment, payment or health care operations purposes are required to be collected and maintained for only three (3) years prior to the request, and only to the extent that BUSINESS ASSOCIATE maintains an electronic health record and is subject to this requirement. At a minimum, the information collected and maintained shall include: (i) the date of disclosure; (ii) the name of the entity or person who received Protected Information and, if known, the address of the entity or person; (iii) a brief description of Protected Information disclosed; and (iv) a brief statement of purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual’s 's authorization, or a copy of the written request for disclosure. In the event that the request for an accounting is delivered directly to BUSINESS ASSOCIATE or its agents or subcontractors, BUSINESS ASSOCIATE shall within five (5) days of a request forward it to COUNTY PARTICIPANT in writing. It shall be COUNTY’s PARTICIPANT's responsibility to prepare and deliver any such accounting requested. BUSINESS ASSOCIATE shall not disclose any Protected Information except as set forth in Sections 2.b. of this Business Associate Agreement [45 C.F.R. Sections 164.504(e)(2)(ii)(G) and 165.528]. The provisions of this subparagraph i shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Participation Agreement

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Accounting Rights. Within ten (10) days of notice by COUNTY the Covered Entity of a request for an accounting of disclosures of Protected InformationPHI, BUSINESS ASSOCIATE Business Associate and its agents or subcontractors shall make available to COUNTY the Covered Entity the information required to provide an accounting of disclosures to enable COUNTY the Covered Entity to fulfill its obligations under the Privacy Rule, including, but not limited to, 45 C.F.R. Section CFR § 164.528. As set forth in, and as limited by, 45 CFR § 164.528, and Business Associate shall not be required to provide an accounting to the HITECH ActCovered Entity of disclosures: (i) to carry out treatment, including, but not limited to 42 U.S.C. Section 17935(c)payment or health care operations, as determined by COUNTYset forth in 45 CFR § 164.502: (ii) to individuals of PHI about them as forth in 45 CFR § 164.502; (iii) to persons involved in the individual’s case or other notification purposes as set forth in 45 CFR § 164.510; (iv) for national security or intelligence purposes as set forth in 45 CFR § 164.512(k)(2); or (v) to correctional institutions or law enforcement officials as set forth in 45 CFR § 164.512(k)(5). BUSINESS ASSOCIATE Business Associate agrees to implement a process that allows for an accounting to be collected and maintained by BUSINESS ASSOCIATE Business Associate and its agents or subcontractors for at least six (6) years prior to the request. However, accounting but not before the compliance date of disclosures from an Electronic Health Record for treatment, payment or health care operations purposes are required to be collected and maintained for only three (3) years prior to the request, and only to the extent that BUSINESS ASSOCIATE maintains an electronic health record and is subject to this requirementPrivacy Rule. At a minimum, the such information collected and maintained shall include: include (i) the date of disclosure; (ii) the name of the entity or person who received Protected Information PHI and, if known, the address of the entity or person; (iii) a brief description of Protected Information PHI disclosed; and (iv) a brief statement of purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual’s authorization, or a copy of the written request for disclosure. In the event that the request for an accounting is delivered directly to BUSINESS ASSOCIATE Business Associate, or its agents or subcontractors, BUSINESS ASSOCIATE Business Associate shall within five (5) days of a request forward it to COUNTY the Covered Entity in writing. It shall be COUNTYthe Covered Entity’s responsibility to prepare and deliver any such accounting requested. BUSINESS ASSOCIATE Business Associate shall not disclose any Protected Information PHI except as set forth in Sections 2.b. of this Business Associate Agreement [45 C.F.R. Sections 164.504(e)(2)(ii)(GSection 2(b) and 165.528]. The provisions of this subparagraph i shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Business Associate Agreement

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