(iii)
(iv)
(v)
(vi)
(A) Disclosures are Required By Law, or
(B) PDA obtains reasonable assurances from the person to whom the
information is disclosed that it 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 person, and the person notifies PDA of any
instances of which it is aware in which the confidentiality of the
information has been breached.
Except as otherwise limited in this Agreement, PDA may use Protected Health
Information to provide Data Aggregation services as permitted by 45 CFR
164.504(e)(2)(i)(B).
PDA may use or disclose Protected Health Information to report violations of law
to appropriate Federal and/or State authorities to the extent consistent with 45
CFR 164.502().
Except as otherwise limited in this Agreement, PDA may disclose Protected
Health Information to other “business associates” (within the meaning of the
Privacy Rule) of the Health Plan to perform its duties under the Service
Agreement. Notwithstanding any provision hereof or any other prior agreement
by the Parties, it shall be the Health Plan’s sole responsibility (and not PDA’s
responsibility) to ensure that the Health Plan has entered into appropriate
business associate agreements with its business associates.
Except as otherwise limited in this Agreement, PDA may disclose Protected
Health Information to the persons to whom the Health Plan Administrator, on
behalf of the Health Plan, directs PDA to provide Protected Health Information.
Notwithstanding any provision hereof or any other prior agreement by the Parties,
it shall be the Health Plan’s sole responsibility (and not PDA’s responsibility) to
ensure that the Health Plan has, in its official plan document, appropriate
provisions regarding disclosures of Protected Health Information.
4. Obligations of the Health Plan and Health Plan Administrator
(a)
(b)
City of Nashua
General. Except as otherwise specifically provided under this Agreement, the Health Plan
shall not request or permit PDA to (and shall not cause the Health Plan Administrator to
request or permit PDA to) use or disclose Protected Health Information in any manner
that may not be permissible under the Privacy Rule if done by the Health Plan.
Notification of Privacy Practices and Restrictions. The Health Plan shall cause the Health
Plan Administrator to promptly notify PDA of:
(i)
(ii)
Any limitation(s) in the Health Plan’s notice of privacy practices in accordance
with 45 CFR 164.520, to the extent that such limitation may affect PDA's use or
disclosure of Protected Health Information;
Any changes in, or revocation of, permission by Individual to use or disclosure of
Protected Health Information, to the extent that such changes may affect PDA's
use or disclosure of Protected Health Information; and
5 BAA Revised October 2013
