Laserfiche WebLink
or request, except to the extent a broader use, disclosure, or request of <br />Protected Health Information is allowed by the Privacy Rule. Business <br />quirement of this Paragraph III.B.6 by use of <br />the Limited Data Set shall be available until the effective date of subsequent <br />guidance is <br />ble efforts to limit <br />the use, disclosure, or request of Protected Health Information to the minimum <br />necessary (as defined by such Secret <br />purpose of such use, disclosure, or request, except to the extent a broader use, <br />disclosure, or request of Protected Health Information is allowed by the Privacy <br />Rule. <br />7. Except as otherwise authorized by the Privacy Rule, Business Associate shall not <br />directly or indirectly receive remuneration (whether financial or nonfinancial) in <br />exchange for any Protected Health Information of a Covered Individual unless <br />Covered Entity has received a valid authorization from the Covered Individual <br />that includes a specification of whether the Protected Health Information can be <br />further exchanged for remuneration by the entity receiving Protected Health <br />Information of that Covered Individual. This Paragraph III.B.7 shall apply to <br />exchanges of Protected Health Information occurring on or after the compliance <br />date applicable under the final regulations issued under HITECH that address this <br />restriction. <br />8. Except as otherwise allowed by the Privacy Rule, Business Associate may not use <br />or disclose Protected Health Information regarding a Covered Individual with <br />respect to a communication about a product or service that encourages <br />recipients of the communication to purchase or use the product or service unless <br />Covered Entity receives no direct or indirect payment in exchange for making <br />such communication and the communication is made to the Covered Individual: <br />(i) to describe a health-related product or service (or payment for such product <br />or service) that is provided by, or included in, the Plan, including communications <br />about the entities participating in a health care provider network or health plan <br />network, replacement of, or enhancements to, the Plan, and health-related <br />products or services available only to Covered Individuals that add value to, but <br />are not part of, the Plan; (ii) for treatment of the Covered Individual; or (iii) for <br />case management or care coordination for the Covered Individual, or to direct or <br />recommend alternative treatments, therapies, health care providers, or settings <br />of care to the Covered Individual. Notwithstanding the foregoing, Business <br />Associate may 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 or <br />service if the communication relates to a prescription drug that is currently being <br />prescribed for a Covered Individual and any financial remuneration received by <br />Covered Entity in exchange for making the communication is reasonably related <br />shall apply to disclosures of Protected Health Information occurring on or after <br />the compliance date applicable under the final regulations issued under HITECH <br />that address this restriction. <br />C. L With respect to <br />Protected Health Information that Business Associate creates, receives, maintains, or <br />transmits on behalf of Covered Entity, Business Associate will not use or further disclose <br />the Protected Health Information other than as permitted or required by this Agreement <br />(including, but not limited to, any restrictions described in Section III.E.4) or as Required <br />by Law. <br />Continuation and/or Retiree Billing 19 <br />Administrative Agreement (public sector) <br /> <br />