Common use of PHI Clause in Contracts

PHI. Neither Party is the business associate of the other. If a Party requires PHI from the other to perform its obligations hereunder, and to the extent that the operation of any Interface capability as to any mutual client involves the use or disclosure of PHI by the other Party, each Party requesting or receiving such PHI agrees to: (i) obtain the written authorization of the client of all such uses and disclosures of information of that client and that client’s patients; (ii) enter into an agreement with the client that complies with the applicable business associate provisions required by HIPAA prior to obtaining any PHI and requires that any patient consent that may be required by law for such uses and disclosures is obtained by the client; and (iii) adopt and enforce appropriate physical, administrative, and technical measures to maintain privacy and security of such information in accordance with HIPAA and Applicable Law. Any PHI of a client unintentionally or incidentally disclosed to the other Party shall be held in confidence by the other Party in accordance with Applicable Law. Each Party will take reasonable steps to limit its request or requirement from the other Party of any client’s PHI to the minimum amount necessary to accomplish the intended purpose of requests for, and uses and disclosures of, such PHI in accordance with 45 C.F.R. 502(b)(1), and as authorized under HIPAA.

PHI. Neither Party is the business associate of the other. If a Party requires PHI from the other to perform its obligations hereunder, and to the extent that the operation of any Interface capability as to any mutual client involves the disclosure or use or disclosure of PHI by the other Party, each Party requesting or receiving such PHI agrees to: (i) obtain the written authorization of the client of all such disclosures and uses and disclosures of information of that client and that client’s patients; (ii) enter with the client into an agreement with the client that complies with the applicable business associate provisions required by the privacy standards promulgated pursuant to the HIPAA prior to obtaining any PHI and requires that any patient consent that may be required by law for such disclosures and uses and disclosures is Is obtained by the client; and (iii) adopt and enforce appropriate physical, administrative, and technical measures to maintain privacy and security of such information in accordance with HIPAA and Applicable Lawall other applicable taw. Any PHI of a client unintentionally or incidentally disclosed to the other Party shall be held in confidence by the other Party in accordance with Applicable Lawapplicable law. Each Party will take reasonable steps to limit its Its request or requirement from the other Party of any client’s PHI to such information as is reasonably necessary for such uses as the minimum amount necessary to accomplish client and the intended purpose of requests for, and uses and disclosures of, such PHI in accordance with 45 C.F.R. 502(b)(1), and as authorized under HIPAAappropriate business associate provisions have authorized.