Common use of Permitted Uses and Disclosures of Phi by Business Associate Clause in Contracts

Permitted Uses and Disclosures of Phi by Business Associate. Except as otherwise limited in this BAA or in the Services Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Services Agreement, provided that such uses and/or further disclosures (i) do not violate the requirements of HIPAA’s Business Associate contract standard at 45 C.F.R. § 164.504(e)(1) and/or the HITECH Act, if done by the Covered Entity, (ii) are the minimum necessary PHI to accomplish the intended purpose, or (iii) are Required By Law. Except as otherwise limited in this BAA or in the Services Agreement, Business Associate may use or disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of Business Associate, provided, however, that any such uses or disclosures are Required By Law, or Business Associate obtains reasonable written assurances from the person to whom the information is disclosed that (i) the PHI will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and (ii) the person immediately notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been the subject of a Breach. Except as otherwise limited in this BAA or in the Services Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity, consistent with 45 C.F.R. 164.504(e)(2)(i)(B). Business Associate may use PHI to report violations of law to appropriate federal and state authorities as required under HIPAA and/or other federal and state laws, consistent with 45 C.F.R. § 164.502(j)(1), provided that Business Associate gives Covered Entity prior written notice of its intention to report any such violation of law and the facts or circumstances related thereto, to the extent legally permissible.