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03-09-26-R
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03-09-26-R
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29 <br />4. Except as otherwise limited in this Business Associate Agreement, <br />Business Associate may use Protected Health Information to provide Data <br />Aggregation services to Covered Entity as permitted by 45 C.F.R. Section <br />164.504(e)(2)(i)(B). <br />5. Except as otherwise limited in this Business Associate Agreement, <br />Business Associate may use Protected Health Information to report violations <br />of law to appropriate Federal and State authorities, consistent with 45 C.F.R. <br />Section 164.502(j)(1). <br />6. Business Associate will limit the use, disclosure, or request of Protected <br />Health Information, to the extent practicable, (i) to the Limited Data Set, or <br />(ii) if needed by Business Associate, to the minimum necessary (as <br />determined by Business Associate) to accomplish the intended purpose of <br />such use, disclosure, or request, except to the extent a broader use, <br />disclosure, or request of Protected Health Information is allowed by the <br />Privacy Rule. Business Associate’s ability to satisfy the requirement of this <br />Paragraph III.B.6 by use of the Limited Data Set shall be available until the <br />effective date of subsequent guidance issued by the Secretary regarding <br />what constitutes “minimum necessary,” at which time Business Associate will <br />take reasonable efforts to limit the use, disclosure, or request of Protected <br />Health Information to the minimum necessary (as defined by such <br />Secretary’s guidance) to accomplish the intended purpose of such use, <br />disclosure, or request, except to the extent a broader use, disclosure, or <br />request of Protected Health Information is allowed by the Privacy Rule. <br />7. Except as otherwise authorized by the Privacy Rule, Business Associate <br />shall not directly or indirectly receive remuneration (whether financial or <br />nonfinancial) in exchange for any Protected Health Information of a Covered <br />Individual unless Covered Entity has received a valid authorization from the <br />Covered Individual that includes a specification of whether the Protected <br />Health Information can be further exchanged for remuneration by the entity <br />receiving Protected Health Information of that Covered Individual. This <br />Paragraph III.B.7 shall apply to exchanges of Protected Health Information <br />occurring on or after the compliance date applicable under the final <br />regulations issued under HITECH that address this restriction. <br />8. Except as otherwise allowed by the Privacy Rule, Business Associate may <br />not use or disclose Protected Health Information regarding a Covered <br />Individual with respect to a communication about a product or service that <br />encourages recipients of the communication to purchase or use the product <br />or service unless Covered Entity receives no direct or indirect payment in <br />exchange for making such communication and the communication is made <br />to the Covered Individual: (i) to describe a health-related product or service <br />(or payment for such product or service) that is provided by, or included in,
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