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,