|
(g) Clarity agrees to provide access, at the request of Client, and in the time and manner designated by Client, to
<br />Protected Health Information in a Designated Record Set, to Client or, as directed by Client, to an Individual in
<br />order to meet the requirements under 45 C.F.R 164,524.
<br />(h) Clarity agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the
<br />Client directs or agrees to pursuant to 45 C.F.R. 164.526 at the request of Client or an Individual, and in the time
<br />and manner designated by Client,
<br />(i) Clarity agrees to make (i) internal practices, books, and records, including policies and procedures, relating to the
<br />use and disclosure of Protected Health Information received from, or created or received by Clarity on behalf of,
<br />Client, and (ii) policies, procedures, and documentation relating to the safeguarding of Electronic Protected Health
<br />Information available to the Secretary, in a time and manner designated by the Secretary, for purposes of the
<br />Secretary determining Client's or Clarity's compliance with the Privacy and Security Rules.
<br />(j) Clarity agrees to document such disclosures of Protected Health Information as would be required for Client to
<br />respond to a request by an Individual for an accounting of disclosures of Protected Health Information in
<br />accordance with 45 C. F.R. 184.528.
<br />(k) Clarity agrees to provide to Client the information collected in accordance with this Section to permit Client to
<br />respond to a request by an Individual for an accounting of disclosures of Protected Health Information in
<br />accordance with 45 C.F.R. 164.528.
<br />(1) With respect to Electronic Protected Health Info,mation, Clarity shall implement and comply with the administrative
<br />safeguards set forth at 45 C.F.R. 164.308, the physical safeguards set forth at 45 C.F.R. 310, the technical
<br />safeguards set forth at 45 C.F,R. 164.312, and the policies and procedures set forth at 45 C.F.R. 164,316 to
<br />reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health
<br />Information that it creates, receives, maintains, or transmits on behalf of Client. Clarity acknowledges that, effective
<br />the later of the Effective Date of this Schedule or February 17, 2010, (i) the foregoing safeguards, policies and
<br />procedures requirements shall apply to Clarity In the same manner that such requirements apply to Client, and (ii)
<br />Clarity shall be subject to the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d-5 and 1320d-6,
<br />as amended from time to time, for failure to comply with the safeguards, policies and procedures requirements and
<br />any guidance issued by the Secretary from time to time with respect to such requirements,
<br />(m) With respect to Electronic Protected Health Information, Clarity shall ensure that any subcontractors that create,
<br />receive, maintain, or transmit Electronic Protected Health Information on behalf of Clarity, agree to comply with the
<br />applicable requirements of Subpart C of 45 C.F.R. Part 164 by entering into a contract that complies with 45
<br />C,F,R, Section 164,314.
<br />(n) If Clarity conducts any Standard Transactions on behalf of Client, Clarity shall comply with the applicable
<br />requirements of 45 C,F.R. Parts 160-162,
<br />(o) Clarity acknowledges that, effective the later of the Effective Date of this Schedule or February 17, 2010, it shall be
<br />subject to the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d-5 and 1320d-6, as amended
<br />from time to time, for failure to comply with any of the use and disclosure requirements of this Schedule and any
<br />guidance Issued by the Secretary from time to time with respect to such use and disclosure requirements.
<br />(p) To the extent Clarity is to carry out one or more of Client's obligation(s) under Subpart E of 45 CFR Part 164,
<br />Clarity shall comply with the requirements of Subpart E that apply to Client In the performance of such
<br />obligation(s).
<br />3. Permitted Uses and Disclosures by Clarity
<br />3.1 General Use and Disclosure
<br />Except as otherwise provided in this Schedule, Clarity may use or disclose Protected Health Information to perform its obligations
<br />under the Agreement, provided that such use or disclosure would not violate the Privacy and Security Rules if done by Client or the
<br />minimum necessary policies and procedures of Client.
<br />3.2 Specific Use and Disclosure Provisions
<br />(a) Except as otherwise provided in this Schedule, Clarity may use Protected Health Information for the proper
<br />management and administration of Clarity or to carry out the legal responsibilities of Clarity,
<br />(b) Except as otherwise provided in this Schedule, Clarity may disclose Protected Health Information for the proper
<br />management and administration of Clarity, provided that disclosures are Required By Law, or Clarity obtains
<br />reasonable assurances from the person to whom the information is disclosed that it will remain confidential and
<br />used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and
<br />the person notifies Clarity of any Instances of which It is aware in which the confidentiality of the information has
<br />been breached In accordance with the Breach and Security Incident notifications requirements of this Schedule.
<br />(c) Clarity shall not directly or indirectly receive remuneration in exchange for any Protected Health Information of an
<br />Individual without Client's prior written approval and notice from Client that It has obtained from the Individual, in
<br />accordance with 45 C.F.R. 164.508, a valid authorization that includes a specification of whether the Protected
<br />860520
<br />11.2.2016
<br />14 55
<br />
|