Option 1                   
Confidentiality.  Other than as required by law or a Governmental Authority, Hospital and [Payer or Affiliate(s) or Brokers] shall not disclose any provision of, nor allow any Person (other than Self-Funded Payers, Brokers, Hospital personnel, or [Payer] personnel or other listed individuals and entities) to see, read, use, copy or otherwise have access to this Agreement. Notwithstanding the foregoing, Hospital shall be permitted to submit any Explanation of Benefits (EOB) or other such payment advice or voucher to another secondary source of payment solely for the purpose of coordination of benefits.  Any other use shall be construed as a material breach of this provision.

Option 2
Company and Hospital, during and after termination of this Agreement, shall keep confidential all data, including but not limited to quality assurance and utilization management information, all statistical data reports and standards, and all financial information relating to this Agreement, and each shall utilize its best efforts to prevent and protect such information from unauthorized disclosure by its agents and employees.  Further, during and after termination of this Agreement, neither Company nor Hospital shall use or allow its agents and employees to use any such information to the competitive disadvantage of or in any other way detrimental to the other party. Notwithstanding the foregoing, Hospital shall be permitted to submit any Explanation of Benefits (EOB) or other such payment advice or voucher to another secondary source of payment solely for the purpose of coordination of benefits.  Any other use shall be construed as a material breach of this provision.

Option 3

During and after termination of this Agreement, neither Company nor Hospital shall use or allow its agents and employees to use any such information to the competitive disadvantage of or in any other way detrimental to the other party. Payer may not share or forward copies of any confidential bills, primary payer Explanation of Benefits (EOBs), Remittance Summaries, or other data that indicates rates, discounts or payment arrangements to any data cataloging service, consortium or audit company without the express written consent of Provider for each individual claim. Any breach of this provision shall serve as grounds for immediate termination for cause, and hospital will pursue both punitive and economic damages aggressively.

Confidentiality Maintenance of Medical Records
Maintenance and Confidentiality of Medical Records.  Facility shall establish and maintain a medical record for each Member receiving services from Facility.  Each Member’s medical record shall be opened upon the Member’s first visit to Facility.  The record shall contain that information normally included in accordance with generally accepted medical and surgical practices and standards prevailing in the professional community.  Facility shall treat a Member’s medical records as confidential and shall comply with all applicable federal and state confidentiality laws.