Common use of Return of PHI upon Termination Clause in Contracts

Return of PHI upon Termination. Upon termination of the HIE Agreement or this BAA for any reason, Business Associate shall return all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity and which Business Associate still maintains in any form. Prior to doing so, Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. Business Associate shall not retain any copies of such PHI. If it is not feasible to return such PHI, Business Associate agrees to extend any and all protections, limitations, and restrictions in this BAA to the Business Associate’s use and disclosure of any PHI retained after the termination of the BAA, and to limit any further uses and disclosures to the purpose or purposes that make the return of PHI infeasible. If it is not feasible for Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, Business Associate must require the subcontractor and/or agent to agree in writing to extend any and all protections, limitations, and restrictions in this BAA to the subcontractors’ and/or agents’ use and disclosure of any PHI retained after the termination of the BAA, and to limit any further uses and disclosures to the purposes that make the return of the PHI infeasible.

Appears in 1 contract

Samples: Participation Agreement

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Return of PHI upon Termination. Upon termination of the HIE Exchange Agreement or this BAA for any reason, Business Associate shall return all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity and which Business Associate still maintains in any form. Prior to doing so, Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. Business Associate shall not retain any copies of such PHI. If it is not feasible to return such PHI, Business Associate agrees to extend any and all protections, limitations, and restrictions in this BAA to the Business Associate’s use and disclosure of any PHI retained after the termination of the BAA, and to limit any further uses and disclosures to the purpose or purposes that make the return of PHI infeasible. If it is not feasible for Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, Business Associate must require the subcontractor and/or agent to agree in writing to extend any and all protections, limitations, and restrictions in this BAA to the subcontractors’ and/or agents’ use and disclosure of any PHI retained after the termination of the BAA, and to limit any further uses and disclosures to the purposes that make the return of the PHI infeasible. This Section shall survive termination or expiration of this BAA for whatever reason.

Appears in 1 contract

Samples: Hipaa Business Associate Agreement

Return of PHI upon Termination. Upon termination of the HIE Collaborative Services Agreement or this BAA Agreement for any reason, Business Associate shall return all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity and which Business Associate still maintains in any form. Prior to doing so, Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. Business Associate shall not retain any copies of such PHI. If it is not feasible to return such PHI, Business Associate agrees to extend any and all protections, limitations, and restrictions in this BAA Agreement to the Business Associate’s use and disclosure of any PHI retained after the termination of the BAAAgreement, and to limit any further uses and disclosures to the purpose or purposes that make the return of PHI infeasible. If it is not feasible for Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, Business Associate must require the subcontractor and/or agent to agree in writing to extend any and all protections, limitations, and restrictions in this BAA Agreement to the subcontractors’ and/or agents’ use and disclosure of any PHI retained after the termination of the BAAAgreement, and to limit any further uses and disclosures to the purposes that make the return of the PHI infeasible.

Appears in 1 contract

Samples: Hipaa Business Associate Agreement for Collaborative Services

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Return of PHI upon Termination. Upon termination of the HIE this Agreement or this BAA for any reasonor, Business Associate shall return all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity and which Business Associate still maintains in any form. Prior P1ri1or to doing so, Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. Business Associate shall not retain any copies of such PHI. If it is not feasible to return such PHI, Business Associate agrees to extend any and all protections, limitations, and restrictions in this BAA Agreement to the Business Associate’s use and disclosure of any PHI retained after the termination of the BAAthis Agreement, and to limit any further uses and disclosures to the purpose or purposes that make the return of PHI infeasible. If it is not feasible for Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, Business Associate must require the subcontractor and/or agent to agree in writing to extend any and all protections, limitations, and restrictions in this BAA Agreement to the subcontractors’ and/or agents’ use and disclosure of any PHI retained after the termination of the BAAthis Agreement, and to limit any further uses and disclosures to the purposes that make the return of the PHI infeasible.

Appears in 1 contract

Samples: Participation Agreement

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