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<br />(b) The Plan shall not disclose Protected Health Information to any <br />member of the Employer's workforce unless each of the conditions set out in this <br />Section are met. "Protected Health Information" shall have the same definition as <br />set forth in the Privacy Standards but generally shall mean individually <br />identifiable information about the past, present or future physical or mental health <br />or condition of an individual, including information about treatment or payment for <br />treatment. <br /> <br />(c) Protected Health Information disclosed to members of the <br />Employer's workforce shall be used or disclosed by them only for purposes of <br />Plan administrative functions. The Plan's administrative functions shall include all <br />Plan payment functions and health care operations. The terms "payment" and <br />"health care operations" shall have the same definitions as set out in the Privacy <br />Standards, but the term "payment" generally shall mean activities taken to <br />determine or fulfill Plan responsibilities with respect to eligibility, coverage, <br />provision of benefits, or reimbursement for health care. <br /> <br />(d) The Plan shall disclose Protected Health Information only to <br />members of the Employer's workforce who are authorized to receive such <br />Protected Health Information, and only to the extent and in the minimum amount <br />necessary for that person to perform his or her duties with respect to the Plan. <br />"Members of the Employer's workforce" shall refer to all employees and other <br />persons under the control of the Employer. The Employer shall keep an updated <br />list of those authorized to receive Protected Health Information. <br /> <br />(1) An authorized member of the Employer's workforce who receives <br />Protected Health Information shall use or disclose the Protected Health <br />Information only to the extent necessary to perform his or her duties with <br />respect to the Plan. <br /> <br />(2) In the event that any member of the Employer's workforce uses or <br />discloses Protected Health Information other than as permitted by this <br />Section and the Privacy Standards, the incident shall be reported to the <br />Plan's privacy officer. The privacy officer shall take appropriate action, <br />including: <br /> <br />(i) investigation of the incident to determine whether the <br />breach occurred inadvertently, through negligence or deliberately; <br />whether there is a pattern of breaches; and the degree of harm <br />caused by the breach; <br /> <br />(ii) appropriate sanctions against the persons causing the <br />breach which, depending upon the nature of the breach, may <br />include oral or written reprimand, additional training, or termination <br />of employment; <br /> <br />(iii) mitigation of any harm caused by the breach, to the <br />extent practicable; and <br /> <br />(Iv) documentation of the incident and all actions taken to <br />resolve the issue and mitigate any damages. <br /> <br />(e) The Employer must provide certification to the Plan that it agrees <br /> <br />to: <br /> <br />26 <br />