The American Recovery and Reinvestment Act of 2009 Clause Samples
The American Recovery and Reinvestment Act of 2009 (ARRA) is a legislative provision designed to stimulate the U.S. economy through government spending and tax incentives in response to the 2008 financial crisis. It allocates federal funds to a wide range of sectors, including infrastructure, education, health care, and renewable energy, and sets requirements for how these funds are distributed and reported. The core practical function of this clause is to promote economic recovery and job creation by injecting capital into key areas, while also ensuring transparency and accountability in the use of public funds.
The American Recovery and Reinvestment Act of 2009. 1. As of the relevant effective dates set forth in ARRA, Business Associate is obligated to and does hereby agree to full comply with and implement subtitle D of Title XIII of ARRA, which shall include, but not be limited to, the following:
(a) Business Associate agrees to use appropriate administrative, technical and physical safeguards to prevent use or disclosure of Protected Health Information other than as provided for by the Agreement. Business Associate agrees to reasonably safeguard Protected Health Information from any intentional or unintentional use or disclosure in violation of the Agreement, the Privacy Rule, and the HIPAA Security Standards, including as they may be amended by ARRA. Business Associate agrees to reasonably safeguard Protected Health Information to limit incidental uses or disclosures made pursuant to an otherwise permitted or required use or disclosure.
(b) Business Associate agrees to create, amend, and update as necessary, any and all policies, procedures, manuals, forms, systems, and operations in order to comply with any and all amendments to the HIPAA Security Standards and the Privacy Rule enacted by ▇▇▇▇, as of the effective dates set forth in ARRA.
(c) Business Associate agrees to secure Protected Health Information as provided for and on the terms and conditions set forth in the data breach notification provisions in section 13402 of ARRA (and any guidance or regulations issued subsequent to the enactment of ARRA).
(d) Business Associate agrees to fully comply with and implement the data breach notifications provisions in section 13402 of ARRA (and any guidance or regulations issued subsequent to the enactment of ARRA). Business Associate shall immediately notify Company upon the discovery of a breach of unsecured Protected Health Information, as defined in ARRA; written notification to Company must be received no less than (10) business days after discovery. Business Associate shall fully cooperate with Company so that the parties can meet any obligations they may have under these provisions of ARRA.
(e) Business Associate agrees to timely comply with the provisions in ARRA relating to requested restrictions on certain disclosures of health information, disclosures required to be limited to the limited data set or the minimum necessary, accounting of certain protected health information disclosures required if covered entity uses information, access to certain information in electronic format, and limitations on mark...