Common use of Contractor Exchange Function Clause in Contracts

Contractor Exchange Function. Any function that Contractor performs pursuant to this Agreement during which Contractor receives, maintains, creates, discloses or transmits PHI and/ or Personally Identifiable Information gathered from the Exchange, applicants, qualified individuals or enrollees in the process of assisting individuals and entities with the purchase of health insurance coverage in QHPs or other functions under the California exchange program. Notwithstanding the foregoing, Contractor shall not be deemed to be performing a Contractor Exchange Function under this agreement where (1) Contractor is performing activities related to furnishing or arranging for health care coverage and/or services for individuals enrolled in Contractor’s QHP using PHI or Personally Identifiable Information gathered from the Exchange, and (2) such use and/or disclosure is consistent with the terms of this agreement and permitted by applicable laws, regulations and agency guidance, and (3) if necessary under applicable laws, regulations and agency guidance, consistent with the consents and other permissions agreed to by applicant as an Enrollee in Contractor's QHP. The exception to Contractor Exchange Functions described herein shall not apply to the extent that Contractor receives PHI or Personally Identifiable Information from the Exchange that Contractor would not ordinarily gather for determining eligibility or enrollment in a health insurance plan.

Contractor Exchange Function. Any function that Contractor performs pursuant to this Agreement during which Contractor receives, maintains, creates, discloses or transmits PHI Protected Health InformationPHI and/ or Personally Identifiable Information gathered from the Exchange, applicants, qualified individuals or enrollees in the process of assisting individuals and entities with the purchase of health insurance coverage in QHPs or other functions under the California exchange program. Notwithstanding the foregoing, Contractor is shall not be deemed to be performing a Contractor Exchange Function under this agreement where Contractor establishes an independent relationship with the applicant through the offering and/or furnishing of health insurance, and Contractor may utilize Protected Health Information and (1) Contractor is performing activities related to furnishing or arranging for health care coverage and/or services for individuals enrolled in Contractor’s QHP using PHI or Personally Identifiable Information gathered from the Exchange, and (2) such use and/or disclosure is Exchange that relates to applicants consistent with the terms terms, conditions, consents, and other permissions agreed to by the applicants in establishing the independent relationship with Contractor and as of this agreement and permitted by applicable laws, regulations and agency guidance, and (3) if necessary under applicable laws, regulations and agency guidance, consistent with the consents and other permissions agreed to by applicant as an Enrollee in Contractor's QHP. The exception to Contractor Exchange Functions described herein shall not apply to the extent that Contractor receives PHI or Personally Identifiable Information from the Exchange that Contractor would not ordinarily gather for determining eligibility or enrollment in a health insurance plan.