Data Use Agreement

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FAU-C An agreement or contract, which serves as satisfactory assurance that the recipient of a limited data set will only use or disclose the protected health information for limited purposes. A data use agreement between the covered entity and the limited data set recipient must:

1. Establish the permitted uses and disclosures by the recipient of information in the limited data set. The data use agreement may not authorize the limited data set recipient to use or further disclose the information in a manner that would violate the requirements of the privacy rules;
2. Establish who is permitted to use or receive the limited data set; and
3. Provide that the limited data set recipient will: a. Not use or further disclose the information other than as permitted by the data use agreement or as otherwise required by law; b. Use appropriate safeguards to prevent use or disclosure of the information other than as provided for by the data use agreement; c. Report to the covered entity any use or disclosure of the information not provided for by its data use agreement of which it becomes aware; d. Ensure that any agents, including a subcontractor, to whom it provides the limited data set agrees to the same restrictions and conditions that apply to the limited data set recipient with respect to such information; and e. Not re-identify the information or contact the individuals.