PHI. The parties agree that PHI will be used solely to administer the Plan or to perform duties or obligations under this Agreement in accordance with any applicable laws. The parties agree that PHI will not be disclosed to any person or entity other than either party’s employees, subcontractors, or representatives needing access to such information to administer the Plan or perform under this Agreement provided proper business associate agreements are executed and maintained when required under the HIPAA privacy regulations. (a) In addition to the permitted uses stated above, the parties agree that we may also use PHI for the following purposes: (i) our proper management and administration and to fulfill any present or future legal responsibilities; (ii) disclose the PHI to third parties for the purpose of our proper management and administration or to fulfill any present or future legal responsibilities; provided, however, that the disclosures are required by law or we have received from the third party written assurances that the PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the third party; and the third party will notify us of any instances of which it becomes aware in which the confidentiality of the PHI has been breached; (iii) aggregate the PHI as permitted under HIPAA; (iv) de-identify any and all PHI provided that we de-identify the information in accordance with HIPAA. De-identified information does not constitute PHI, is not subject to the terms and conditions of this Section 3.4, may be used by us or a related entity for research, creating comparative databases, statistical analysis, or other studies, and is considered by us to be Proprietary Business Information; (v) use, or disclose to a related entity, PHI for research, as defined under the privacy regulations issued pursuant to HIPAA, including but not limited to projects for therapeutic outcomes research, and for epidemiological studies. We will obtain and maintain, on behalf of Plan, any consents, authorizations or approvals that may be required by applicable federal or state laws and regulations for use or disclosure of PHI for such purposes. We will maintain the confidentiality of such information as it relates to any individual Participant, provider, or your business. The research, databases, analyses, and studies are considered by us to be Proprietary Business Information; and (vi) create or use, or disclose to a related entity to create or use, limited data sets as permitted under HIPAA. We also may disclose limited data sets to a related entity, you or your vendors at your direction, provided however, we or any recipient to whom we disclose such limited data sets agree we shall limit use of the limited data sets to research, health care operations or public health purposes and further agree we or the recipient shall: (1) Not use or further disclose the limited data sets other than as permitted by this Agreement or as otherwise required by law; (2) Use appropriate safeguards to prevent use or disclosure of the limited data sets other than as provided for by this Agreement; (3) Report to you any use or disclosure of the limited data sets not provided for by this Agreement of which we become aware; (4) Ensure that any agents, including a subcontractor, to whom we provide the limited data sets agrees to the same restrictions and conditions that apply to the limited data set recipient with respect to such information; and (5) Not re-identify the PHI in the limited data sets or contact the individuals. These limited data sets are considered by us to be Proprietary Business Information.
Appears in 2 contracts
Sources: Administrative Services Agreement, Administrative Services Agreement
PHI. The parties agree that PHI will be used solely to administer the Plan or to perform duties or obligations under this Agreement in accordance with any applicable laws. The parties agree that PHI will not be disclosed to any person or entity other than either party’s 's employees, subcontractors, or representatives needing access to such information to administer the Plan or perform under this Agreement provided proper business associate agreements are executed and maintained when required under the HIPAA privacy regulations.
(a) . In addition to the permitted uses stated above, the parties agree that we UHS may also use PHI for the following purposes:
(i) our proper 1. Proper management and administration and to fulfill any present or future legal responsibilities;
(ii) disclose 2. Disclose the PHI to third parties for the purpose of our UHS’ proper management and administration or to fulfill any present or future legal responsibilities; provided, however, that the disclosures are required by law or we have UHS has received from the third party written assurances that the PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the third party; and the third party will notify us UHS of any instances of which it becomes aware in which the confidentiality of the PHI has been breached;
(iii) aggregate 3. Aggregate the PHI as permitted under HIPAA;
(iv) de4. De-identify any and all PHI provided that we UHS de-identify identifies the information in accordance with HIPAA. De-identified information does not constitute PHI, is not subject to the terms and conditions of this Section 3.4section, may be used by us UHS or a related entity for research, creating comparative databases, statistical analysis, or other studies, and is considered by us UHS to be Proprietary Business Information;
(v) use5. Use, or disclose to a related entity, PHI for research, as defined under the privacy regulations issued pursuant to HIPAA, including but not limited to projects for therapeutic outcomes research, and for epidemiological studies. We UHS will obtain and maintain, on behalf of Plan, any consents, authorizations or approvals that may be required by applicable federal or state laws and regulations for use or disclosure of PHI for such purposes. We UHS will maintain the confidentiality of such information as it relates to any individual Participant, provider, or your of the City’s business. The research, databases, analyses, and studies are considered by us UHS to be Proprietary Business Information; and
(vi) create 6. Create or use, or disclose to a related entity to create or use, limited data sets as permitted under HIPAA. We UHS also may disclose limited data sets to a related entity, you City or your City’s vendors at your City’s direction, provided however, we UHS or any recipient to whom we disclose UHS discloses such limited data sets agree we agrees UHS shall limit use of the limited data sets to research, health care operations or public health purposes and further agree we agrees UHS or the recipient shall:
(1a) Not use or further disclose the limited data sets other than as permitted by this Agreement or as otherwise required by law;
(2b) Use appropriate safeguards to prevent use or disclosure of the limited data sets other than as provided for by this Agreement;
(3c) Report to you City any use or disclosure of the limited data sets not provided for by this Agreement of which we become UHS becomes aware;
(4d) Ensure that any agents, including a subcontractor, to whom we provide UHS provides the limited data sets agrees to the same restrictions and conditions that apply to the limited data set recipient with respect to such information; and
(5e) Not re-identify the PHI in the limited data sets or contact the individuals. These limited data sets are considered by us to be Proprietary Business Information.
1. Not use or further disclose the PHI other than as set forth by this Agreement or required by law;
2. Use appropriate safeguards to prevent use or disclosure of PHI other than as set forth by this Agreement;
3. Report to Plan any use or disclosure of any PHI of which UHS becomes aware that is not set forth by this Agreement;
4. Ensure that any subcontractor or agent to whom UHS provides any PHI agrees to the same restrictions and conditions that apply to UHS with regard to the use and/or disclosure of PHI pursuant to this section;
5. Respond to individuals’ requests for access to PHI in its possession that constitutes a Designated Record Set in accordance with HIPAA;
6. Incorporate any amendments or corrections to the PHI in its possession that constitutes a Designated Record Set in accordance with HIPAA;
7. Provide to individuals an accounting of disclosures, in accordance with HIPAA;
8. Make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of HHS for purposes of determining City’s compliance with HIPAA ; and
9. Except as provided for herein or as required by law, upon termination of this Agreement, return to Plan or destroy the PHI and retain no copies in any form, if feasible. If UHS determines that returning or destroying the PHI is infeasible, UHS agrees to extend the protections, limitations and restrictions of this section to such PHI and to limit any further uses and/or disclosures of such PHI retained to the purposes that make the return or destruction of the PHI infeasible, for as long as UHS maintains such PHI.
Appears in 1 contract
Sources: Administrative Services and Preferred Provider Network Access Agreement
PHI. The parties agree that PHI will be used solely to administer the Plan or to perform duties or obligations under this Agreement in accordance with any applicable laws. The parties agree that PHI will not be disclosed to any person or entity other than either party’s 's employees, subcontractors, or representatives needing access to such information to administer the Plan or perform under this Agreement provided proper business associate agreements are executed and maintained when required under the HIPAA privacy regulations.
(a) . In addition to the permitted uses stated above, the parties agree that we UHS may also use PHI for the following purposes:
(i) our proper 1. Proper management and administration and to fulfill any present or future legal responsibilities;
(ii) disclose 2. Disclose the PHI to third parties for the purpose of our UHS’ proper management and administration or to fulfill any present or future legal responsibilities; provided, however, that the disclosures are required by law or we have UHS has received from the third party written assurances that the PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the third party; and the third party will notify us UHS of any instances of which it becomes aware in which the confidentiality of the PHI has been breached;
(iii) aggregate 3. Aggregate the PHI as permitted under HIPAA;
(iv) de4. De-identify any and all PHI provided that we UHS de-identify identifies the information in accordance with HIPAA. De-identified information does not constitute PHI, is not subject to the terms and conditions of this Section 3.4section, may be used by us UHS or a related entity for research, creating comparative databases, statistical analysis, or other studies, and is considered by us UHS to be Proprietary Business Information;
(v) use5. Use, or disclose to a related entity, PHI for research, as defined under the privacy regulations issued pursuant to HIPAA, including but not limited to projects for therapeutic outcomes research, and for epidemiological studies. We UHS will obtain and maintain, on behalf of Plan, any consents, authorizations or approvals that may be required by applicable federal or state laws and regulations for use or disclosure of PHI for such purposes. We UHS will maintain the confidentiality of such information as it relates to any individual Participant, provider, or your of the City’s business. The research, databases, analyses, and studies are considered by us UHS to be Proprietary Business Information; and
(vi) create 6. Create or use, or disclose to a related entity to create or use, limited data sets as permitted under HIPAA. We UHS also may disclose limited data sets to a related entity, you City or your City’s vendors at your City’s direction, provided however, we UHS or any recipient to whom we disclose UHS discloses such limited data sets agree we agrees UHS shall limit use of the limited data sets to research, health care operations or public health purposes and further agree we agrees UHS or the recipient shall:
(1a) Not use or further disclose the limited data sets other than as permitted by this Agreement or as otherwise required by law;
(2b) Use appropriate safeguards to prevent use or disclosure of the limited data sets other than as provided for by this Agreement;
(3c) Report to you City any use or disclosure of the limited data sets not provided for by this Agreement of which we become UHS becomes aware;
(4d) Ensure that any agents, including a subcontractor, to whom we provide UHS provides the limited data sets agrees to the same restrictions and conditions that apply to the limited data set recipient with respect to such information; and
(5e) Not re-identify the PHI in the limited data sets or contact the individuals. These limited data sets are considered by us to be Proprietary Business Information. UHS agrees that it shall:
1. Not use or further disclose the PHI other than as set forth by this Agreement or required by law;
2. Use appropriate safeguards to prevent use or disclosure of PHI other than as set forth by this Agreement;
3. Report to Plan any use or disclosure of any PHI of which UHS becomes aware that is not set forth by this Agreement;
4. Ensure that any subcontractor or agent to whom UHS provides any PHI agrees to the same restrictions and conditions that apply to UHS with regard to the use and/or disclosure of PHI pursuant to this section;
5. Respond to individuals’ requests for access to PHI in its possession that constitutes a Designated Record Set in accordance with HIPAA;
6. Incorporate any amendments or corrections to the PHI in its possession that constitutes a Designated Record Set in accordance with HIPAA;
7. Provide to individuals an accounting of disclosures, in accordance with HIPAA;
8. Make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of HHS for purposes of determining City’s compliance with HIPAA ; and
9. Except as provided for herein or as required by law, upon termination of this Agreement, return to Plan or destroy the PHI and retain no copies in any form, if feasible. If UHS determines that returning or destroying the PHI is infeasible, UHS agrees to extend the protections, limitations and restrictions of this section to such PHI and to limit any further uses and/or disclosures of such PHI retained to the purposes that make the return or destruction of the PHI infeasible, for as long as UHS maintains such PHI. Plan and City Obligations:
1. City agrees to amend its Plan documents to include specific provisions to restrict the use or disclosure of PHI and to ensure adequate procedural safeguards and accounting mechanisms for such uses or disclosures, in accordance with the HIPAA privacy regulation.
2. Plan agrees that it will (a) obtain any consent or authorization that may be required by applicable federal or state laws and regulations prior to furnishing UHS the PHI, except as provided for in this section above; and (b) not furnish UHS any PHI that is subject to any arrangements permitted or required of Plan that may adversely affect UHS’ ability to use and/or disclose PHI under this Agreement, including, but not limited to, restrictions on the use and/or disclosure of PHI as provided for in HIPAA.
4. The first two paragraphs of subparagraph C. Claims Account, of Section VII. PAYMENTS FOR HEALTH SERVICES, shall be deleted in their entirety and replaced with the following two paragraphs: The parties acknowledge that claims under the Plan are to be paid from a separate fund account established by the City. City shall be solely responsible for funding said account. City shall not name UHS or represent that UHS is, and UHS shall not be, a trustee or custodian over the account or the Plan. Prior to the effective date of this Agreement, City shall arrange to initiate Automated Clearinghouse ("ACH") transfers from the City account to a UHS account which UHS will use to pay claims. No such amounts which are to be or are transferred to UHS shall be considered Plan assets. UHS shall also be given the right to access information regarding the balance in City's account from which ACH transfers are being made. At the end of each claims processing time period, UHS shall provide notice to City via telephone of the amount necessary to pay claims processed. City shall, within 48 hours following receipt of notice from UHS, initiate ACH transfers from the City account to a UHS account in an amount necessary to pay the claims processed by UHS.
5. The first two sentences of the second paragraph in Section VII, subparagraph B, Payments to Providers, of the Agreement shall be deleted in their entirety and replaced with the following new paragraph 9 of Exhibit B, UHS SERVICES:
Appears in 1 contract
Sources: Administrative Services and Preferred Provider Network Access Agreement