Reporting Breaches and Other Incidents Sample Clauses

Reporting Breaches and Other Incidents. Subcontractor must report to the Attorney General any Use or Disclosure of PHI not provided for in this Agreement, any Successful Security Incident involving ePHI, and any Breach of Unsecured PHI as required by 45 C.F.R. §164.410. Such report will be provided promptly and without unreasonable delay, but no later than seven (7) calendar days after Subcontractor first learns of the unauthorized Use or Disclosure, Successful Security Incident or Breach, unless notification of a Breach is delayed at the request of law enforcement pursuant to 45 C.F.R. §164.412. Such notice must identify each Individual whose Unsecured PHI has been, or is reasonably believed by Subcontractor to have been, Used or disclosed during the Breach and must include information that a Covered Entity would be required to provide to an Individual pursuant to 45 C.F.R. §164.404(c). The Attorney General is responsible for providing notification to Individuals whose Unsecured PHI has been disclosed, as well as to the Secretary and the media, in the manner and to the extent required by 45 C.F.R. §164.400 – 164.414. Subcontractor shall also use its best efforts to mitigate the effect of any unauthorized Use or Disclosure, Security Incident or Breach of Unsecured PHI, and shall implement or modify practices or take other reasonable action to prevent further unauthorized Use or Disclosure, Security Incident or Breach of Unsecured PHI. Within fourteen (14) calendar days of receipt of a request by the Attorney General, Subcontractor must provide to the Attorney General a report of Unsuccessful Security Incidents. The report must identify the categories of Unsuccessful Security Incidents and must outline the steps that Subcontractor will take to improve its security measures if Subcontractor, in its sole discretion, determines that its then-current security measures should be improved.
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