Permitted Uses and Disclosures of PHI by Customer Sample Clauses
Permitted Uses and Disclosures of PHI by Customer. Except as otherwise specified in this Agreement, Customer may use and disclose the PHI as reasonably necessary to perform its obligations under the Underlying Contract, provided that such use or disclosure does not violate the HIPAA Rules or other applicable law and regulations. Unless otherwise limited herein, Customer may, only to the extent applicable:
a. Use the PHI in its possession for its proper management and administration of Customer and to carry out the legal responsibilities of Customer.
b. Disclose the PHI in its possession to a third party for the purpose of Customer’s proper management and administration or to carry out the legal responsibilities of Customer, provided that the disclosures are required by law or Customer obtains written assurances from the person to whom the information is disclosed that it 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 the person notifies Customer of any instances of which it is aware in which the confidentiality of the information has been breached. Such written assurances shall include adherence to the same restrictions and conditions on use and disclosure as apply to Customer herein. HEALTHeNET acknowledges that such written assurances may differ in form, but will not differ in substance, from this Agreement.
c. Use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. § 164.502(j)(1). To the extent permitted by applicable law, prior to disclosing PHI as required by law to a law enforcement, regulatory, administrative, or oversight agency, or in response to a subpoena, court order, civil investigative demand, or other compulsory document or lawful process, Customer shall notify HEALTHeNET of such pending disclosure and provide reasonable time for HEALTHeNET to oppose such disclosure, should HEALTHeNET deem such opposition necessary; provided, however, that if HEALTHeNET does not respond to Customer regarding such opposition prior to the date on which such disclosure must be made, Customer may, in its own discretion, disclose PHI as required by law.
