a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by, proper means by other persons who can obtain economic value from its disclosure or use; andBoth a) and b) must be met in order for a healthcare provider to protect its information. Patient lists and contract rates are good examples of information that is not generally known to the public and which have independent economic value from not being known. The rates could be used by other providers to undercut the competition in contract negotiations. The patient lists could be used to solicit patients and use their protected health information for improper purposes. This type of information cannot usually be ascertained from public records or other proper means.
b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
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