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- Definitions:
- Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR § 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g).
- Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.
- Protected Health Information. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR § 164.501, limited to the information created or received by Model from or on behalf of its clients.
- Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.501.
- Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee.
- Model's Privacy Policy
- Model will not use or disclose Protected Health Information received from, or created or received by Model on behalf of a client ("PHI") other than as permitted or required by its agreement with such client or as Required By Law.
- Model will at all times use appropriate safeguards to prevent use or disclosure of PHI other than as permitted or required by its agreement with such client or as Required By Law.
- Model will attempt to mitigate, to the extent practicable, any harmful effect that is known to Model of any inadvertent use or disclosure of PHI by Model in violation of the requirements of its agreements with its clients.
- Model will report to its client any improper use or disclosure of PHI of which Model becomes aware.
- Model will at all times attempt to ensure that any agent, including a subcontractor, to whom it provides PHI, agrees to the same restrictions and conditions that apply to Model with respect to such information.
- Model will make internal practices, books and records, including policies and procedures, relating to the use and disclosure of PHI available to the Secretary, in a reasonable time and manner or as designated by the Secretary, for purposes of the Secretary determining a client's compliance with the Privacy Rule.
- Model will document any disclosures of PHI and information related to such disclosures as would be required for its clients to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528.
- Model will provide to its clients or an Individual, in a reasonable time and manner, information collected by Model to permit its clients to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528.
- Model may use or disclose PHI in order to perform functions, activities, or services for, or on behalf of, such client, provided that such use or disclosure would not violate the Privacy Rule if done by such client or the minimum necessary policies and procedures of such client.
- Model may use PHI for its proper management and administration or to carry out its legal responsibilities.
- Model may disclose PHI for the proper management and administration of Model, provided that disclosures are Required By Law, or Model obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential 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 Model of any instances of which it is aware in which the confidentiality of the information has been breached.
- Model may use PHI to provide Data Aggregation services to such client as permitted by 42 CFR § 164.504(e)(2)(i)(B).
- Model may use PHI to report violations of law to appropriate Federal and State authorities, consistent with § 164.502(j)(1).
- Privacy Officer
- Model has appointed a privacy officer to ensure that PHI is appropriately safeguarded and that Model's Privacy Policy is followed.
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