WITH ANY AGENT OR SUBCONTRACTOR THAT WILL HAVE ACCESS TO
PHI THAT IS RECEIVED FROM, OR CREATED OR RECEIVED BY SUPPLIER ON BEHALF OF
SPINCO, TO BE BOUND BY THE SAME RESTRICTIONS, TERMS, AND CONDITIONS THAT APPLY
TO SUPPLIER PURSUANT TO THIS SECTION 4.7 WITH RESPECT TO SUCH PHI.
(F)
ACCESS TO INFORMATION. WITHIN TWENTY-FIVE
(25) DAYS OF RECEIPT OF A REQUEST BY SPINCO FOR ACCESS TO PHI IN A DESIGNATED
RECORD SET CONCERNING AN INDIVIDUAL WHOSE PHI IS HELD BY SUPPLIER UNDER THIS
AGREEMENT, SUPPLIER WILL PROVIDE SUCH ACCESS TO AN INDIVIDUAL IN ACCORDANCE WITH
45 C.F.R. § 164.524.
(G)
AVAILABILITY OF PHI FOR AMENDMENT.
WITHIN
FIFTY (50) DAYS OF RECEIPT OF A REQUEST FROM SPINCO FOR THE AMENDMENT OF AN
INDIVIDUAL'S PHI CONTAINED IN A DESIGNATED RECORD SET, SUPPLIER AGREES TO MAKE
ANY AMENDMENT TO PHI IN A DESIGNATED RECORD SET THAT SPINCO DIRECTS OR AGREES TO
PURSUANT TO 45 C.F.R. §164.526.
(H)
ACCOUNTING OF DISCLOSURES.
WITHIN FIFTY
(50) DAYS OF RECEIPT OF A NOTICE FROM SPINCO TO SUPPLIER STATING THAT SPINCO HAS
RECEIVED A REQUEST FOR AN ACCOUNTING OF DISCLOSURES OF PHI REGARDING AN
INDIVIDUAL, SUPPLIER SHALL MAKE AVAILABLE TO SPINCO SUCH INFORMATION AS IS IN
SUPPLIER'S POSSESSION AND IS REQUIRED FOR SPINCO TO MAKE THE ACCOUNTING UNDER
45 C.F.R. §164.528.
SUPPLIER AGREES TO DOCUMENT SUCH DISCLOSURES OF PHI AND
INFORMATION RELATED TO SUCH DISCLOSURES AS WOULD BE REQUIRED FOR SPINCO TO
RESPOND TO A REQUEST BY AN INDIVIDUAL FOR AN ACCOUNTING OF DISCLOSURES OF PHI IN
ACCORDANCE WITH 45 C.F.R. § 164.528.
10
(I)
AVAILABILITY OF BOOKS AND RECORDS.
SUPPLIER AGREES TO MAKE ITS INTERNAL POLICIES, PROCEDURES, PRACTICES, BOOKS,
RECORDS AND AGREEMENTS RELATING TO THE USE AND DISCLOSURE OF PHI RECEIVED FROM,
OR CREATED OR RECEIVED BY SUPPLIER ON BEHALF OF, SPINCO AVAILABLE TO THE
SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ("SECRETARY") FOR
PURPOSES OF DETERMINING SPINCO'S COMPLIANCE WITH THE PRIVACY STANDARDS, SUBJECT
TO ATTORNEY-CLIENT AND OTHER APPLICABLE LEGAL PRIVILEGES.
(J)
RETURN OF PHI UPON TERMINATION.
UPON
TERMINATION OF THE AGREEMENT FOR ANY REASON, SUPPLIER SHALL RETURN TO SPINCO ALL
PHI RECEIVED FROM SPINCO OR CREATED OR RECEIVED BY SUPPLIER ON BEHALF OF SPINCO
AND WHICH SUPPLIER STILL MAINTAINS IN ANY FORM.
PRIOR TO DOING SO, SUPPLIER
FURTHER AGREES TO RECOVER ANY PHI IN THE POSSESSION OF ITS SUBCONTRACTORS OR
AGENTS.
SUPPLIER SHALL NOT RETAIN ANY COPIES OF SUCH PHI.
IF IT IS NOT
FEASIBLE TO RETURN SUCH PHI AS DETERMINED BY SPINCO, SUPPLIER AGREES TO EXTEND
ANY AND ALL PROTECTIONS, LIMITATIONS, AND RESTRICTIONS IN THIS SECTION 4.7 TO
SUPPLIER'S USE AND DISCLOSURE OF ANY PHI RETAINED AFTER THE TERMINATION OF THE
AGREEMENT, AND TO LIMIT ANY FURTHER USES AND DISCLOSURES TO THE PURPOSE OR
PURPOSES THAT MAKE THE RETURN OF PHI INFEASIBLE.
IF IT IS NOT FEASIBLE FOR
SUPPLIER TO OBTAIN FROM A SUBCONTRACTOR OR AGENT ANY PHI IN THE POSSESSION OF
THE SUBCONTRACTOR OR AGENT, SUPPLIER WILL REQUIRE THE SUBCONTRACTOR AND/OR AGENT
TO AGREE TO EXTEND ANY AND ALL PROTECTIONS,