Permissible Uses and Disclosures Clause Samples
The "Permissible Uses and Disclosures" clause defines the specific circumstances under which certain information, typically confidential or protected data, may be used or shared by the parties involved. It outlines the types of information covered and details the purposes for which disclosure is allowed, such as fulfilling contractual obligations, complying with legal requirements, or with the explicit consent of the disclosing party. This clause serves to protect sensitive information by restricting its use and disclosure to only those situations that are expressly permitted, thereby minimizing the risk of unauthorized access or misuse.
Permissible Uses and Disclosures. Applicant shall not use or further disclose the limited data set specified in this agreement except as permitted by this agreement or as required by federal or Florida law. Applicant shall establish appropriate administrative, technical, and physical safeguards compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and associated federal regulations and Florida law to protect the confidentiality of and to prevent unauthorized use or access to the limited data set. Applicant shall not release or allow the release of the limited data set specified in this agreement to any persons or entities other than as permitted by the agreement. Applicant shall record and maintain a list of all individuals and entities that are permitted to use or receive the limited data set per Section 5 of the agreement and the list must be updated when changes occur. Applicant shall restrict disclosure of the limited data set to the minimum number of individuals listed in Section 5 of the agreement who require the information in order to perform the functions of this agreement. Applicant shall instruct individuals to which the limited data set is disclosed of all obligations under this agreement and shall require the individuals to maintain those obligations. Applicant shall secure the limited data set when the data is not under the direct and immediate control of an authorized individual performing the functions of this agreement. The Applicant must conduct all activities in compliance with 45 CFR 164 Subpart C to ensure data security, including, but not limited to encryption of all information that is confidential under Florida or federal law, while in transmission and while resident on portable electronic media storage devices. Encryption shall be consistent with Federal Information Processing Standards (FIPS), and/or the National Institute of Standards and Technology (NIST) publications regarding cryptographic standards. Applicant shall not attempt to identify the information or use the limited data set to track or link an individual’s data to any other data source, and any profiles or descriptions of individuals that the Applicant constructs from the limited data set shall not be further released or published without the express written consent of the Agency. Applicant shall not attempt to use the limited data set to determine real or likely identities, gain information about an individual, or contact an individual. Applicant shall ma...
Permissible Uses and Disclosures. Business Associate may use or disclose protected health information only as follows:
5.1.1 As necessary to perform the services set forth in the Service Agreement.
5.1.2 As authorized, to de-identify protected health information in accordance with 45 CFR § 164.514(a)-(c).
5.1.3 As required by law.
5.1.4 Covered Entity shall not request, and Business Associate may not use or disclose protected health information in a manner that would violate 45 CFR Part 164, Subpart E, if done by Covered Entity.
5.1.5 Business Associate agrees to use or disclose the minimum amount of protected health information necessary for a permitted purpose pursuant to this ▇▇▇▇▇▇▇ ▇, ▇▇ ▇▇▇ § 164.502(b), and Covered Entity’s policies and procedures which limit disclosures to the minimum necessary.
Permissible Uses and Disclosures. Business Associate may use or disclose PHI only as follows:
5.1.1 As necessary to perform the services set forth in the Services Agreement.
5.1.2 As authorized, to de-identify PHI in accordance with 45 CFR §164.514(a)-(c).
Permissible Uses and Disclosures. Business Associate may use or disclose protected health information as follows:
5.1.1 As necessary to perform the services set forth in the Service Agreement.
5.1.2 As authorized, to de-identify protected health information in accordance with 45 CFR § 164.514(a)-(c).
Permissible Uses and Disclosures. 1. The Business Associate shall create, receive, maintain, transmit, use or disclose PHI only in a manner that is consistent with this Agreement and the HIPAA Security and Privacy Rules and only in connection with the provision and delivery of the Services to or on behalf of the Covered Entity pursuant to the terms and conditions of the Services Agreements. Accordingly, in providing the Services to or on behalf of the Covered Entity, the Business Associate, for example, may use and disclose PHI consistent with the HIPAA Security and Privacy Rules, without obtaining prior authorization for such use or disclosure.
2. Except as otherwise limited in this Agreement, the Business Associate may disclose PHI to other “business associates” (as defined in the HIPAA Security and Privacy Rules) of the Covered Entity to perform duties specifically authorized under the Services Agreements.
3. As permitted by 45 C.F.R. § 164.504(e)(4), the Business Associate may also use or disclose PHI that it receives if:
a. the use relates to (i) the proper management and administration of the Business Associate or the carrying out of the Business Associate's legal responsibilities or
Permissible Uses and Disclosures pingmd may Use and Disclose PHI:
(i) to provide the service and as Required By Law including assisting Covered Entity with notifying Individuals about the availability of the Service, except that pingmd may not Use or Disclose PHI in a manner that would violate the Privacy Rule if done by Covered Entity;
(ii) for the proper administration and management of pingmd or to carry out pingmd’s legal responsibilities, subject to the condition that pingmd may only make such Discloses if: (1) Required By Law; or (2) pingmd obtains reasonable assurances from the person to whom the information is Disclosed that the information will remain confidential and Used or further Disclosed only as Required By Law or for the purposes for which it was Disclosed to the person, and the person shall notify pingmd of any instances of which the person is aware in which the confidentiality of the information has been breached;
(iii) to provide Data Aggregation services for Covered Entity; and
(iv) to de-identify PHI in accordance with 45 C.F.R. § 164.514(b), in which case the resulting de-identified health information shall not be subject to these Terms and Conditions.
Permissible Uses and Disclosures. Business Associate may use or disclose protected health information only as follows:
a. As necessary to perform the services set forth in the Service Agreement.
b. To de-identify protected health information in accordance with 45 CFR § 164.514(a)-(c).
c. As required by law.
d. For the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that any disclosures for these purposes (i) are required by law, or (ii)(a) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and (ii)(b) the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
e. To provide data aggregation services relating to the health care operations of Covered Entity as defined in 45 CFR § 164.501 if expressly allowed by Covered Entity.
Permissible Uses and Disclosures. Align may use or Disclose PHI as follows:
1. As necessary to perform services related to the Agreementst.
2. As Permitted or Required by Law.
3. For the proper management and administration of Align or to carry out the legal responsibilities of Align. Any Disclosure of PHI must be Required by Law, or upon Align obtaining reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and Used or further Disclosed only as Required by Law or for the purposes for which it was Disclosed to the person, and the person notifies Align of any instances of which it is aware in which the confidentiality of the information has been Breached.
4. To provide Data Aggregation services relating to the Health Care Operations of Covered Entity or Align where permitted.
5. To de-identify the Covered Entity’s PHI in accordance with 45 CFR §§164.514(a)-(c), retaining any and all ownership claims relating to the de-identified data it creates from such PHI.
Permissible Uses and Disclosures. Business Associate may use or disclose protected health information only as follows:
a. As necessary to perform the services set forth in the Service Agreement.
b. To de-identify protected health information in accordance with 45 CFR § 164.514(a)-(c). Any information that has been de-identified as provided in this subsection shall not be subject to this Agreement.
c. As required by law.
d. For the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that: (i) any disclosures for these purposes are required by law, or (ii)(a) Business Associate obtains reasonable assurances from the entity to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the entity, and (b) the entity notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
e. To provide data aggregation services relating to the health care operations of Covered Entity as defined in 45 CFR § 164.501.
Permissible Uses and Disclosures. (a) Business Associate may provide Data Aggregation services relating to the health care operations of Covered Entity.
(b) Business Associate may use PHI (i) for the proper management and administration of Business Associate; and (ii) to carry out the legal responsibilities of Business Associate.
(c) Business Associate may disclose PHI for the purposes authorized in Section 3(b) if:
(i) the disclosure is required by law; or (ii)(A) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as Required by Law or for the purposes for which it was disclosed to the person; and (2) the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.