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Iwona - 19 Jul 2005 22:49 GMT
I would like to ask for help again. I don't understand the use of "if done"
in the text below. What's its function and meaning? I'd be grateful for
reply.
Iwona

"Except as otherwise limited in this Agreement, Business Associate may use
or disclose Protected Health Information on behalf of, or to provide
services to, Covered Entity for the following purposes, if such use or
disclosure of Protected Health Information would not violate the Privacy
Rule if done by Covered Entity or the minimum necessary policies and
procedures of the Covered Entity"
credoquaabsurdum - 23 Jul 2005 02:28 GMT
"If done" here is an ellipsis structure for "if it is done." The "it"
here would refer to "use or disclosure of Protected Health
Information."

This is very poor legal English written in abbreviated fashion by a
half-literate lawyer who is most likely a non-native speaker.

Could you triple check your transcription? If it is exactly right,
that's what "if done" refers to and a decent English-speaking lawyer
could probably argue effectively that this clause is more than a little
confusing.

> I would like to ask for help again. I don't understand the use of "if done"
> in the text below. What's its function and meaning? I'd be grateful for
[quoted text clipped - 7 lines]
> Rule if done by Covered Entity or the minimum necessary policies and
> procedures of the Covered Entity"
 
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