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Medical
Records
The medical records
maintained by Global Health Claim Services
Inc. shall be and remain the property of Global Health
Claim Services Inc., and shall not be removed, transferred from, or
released by Global Health Claim Services employees, medical directors,
consultants or any other business associate except in accordance with
terms of this Agreement, applicable state and federal laws, and
Global Health Claim Services Inc. policies.
Protected
Health Information
Global
Health Claim Services Inc.
and EE’s
agree that the provisions of the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”)
and accompanying regulations at 45 C.F.R. Sections 160 and 164, shall
govern the Parties’ use and disclosure of protected health information,
as HIPAA defines that term. GHCSI and
EE’s shall not use or disclose Member protected health information
except as permitted by HIPAA or applicable
state law, and to the extent HIPAA requires
Member authorization for any use or disclosure of protected health
information, GHCSI and/or EE’s shall each be responsible for
obtaining directly from Member(s) any authorizations to use and/or
disclose Member health information as needed for performance under
the terms of this Agreement. Notwithstanding the foregoing, GHCSI
and/or EE’s may use and disclose Patient protected health information
for purposes of treatment, payment, and health care operations, without
Patient authorization. GHCSI and EE’s agree to implement administrative,
physical, and technical safeguards that reasonably and appropriately
protect the confidentiality, integrity, and availability of the electronic
protected health information that each Party creates, receives, maintains,
or transmits.
Confidentiality
Neither Global
Health Claim Services Inc. nor EE’s may disclose
any proprietary or confidential information of the other Party, including
but not limited to trade secrets and the Covered Services Fee Schedule,
or any other term of the Agreement, to any third party without the
prior written consent of the other Party, or as required by applicable
law.
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