Common use of Audits, Inspection and Enforcement Clause in Contracts

Audits, Inspection and Enforcement. Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, contracts, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum Exhibit “M” for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsExhibit; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policiescontracts, policies and procedures does not relieve BA of its responsibility to comply with this AddendumExhibit “M”, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendumthis Exhibit “M”. BA shall notify CE within five ten (510) business days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s ’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CECOUNTY, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors COUNTY to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE COUNTY shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE COUNTY shall protect the confidentiality of all confidential and proprietary information of BA to which CE COUNTY has access during the course of such inspection; and (iii) CE COUNTY shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE COUNTY inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CECOUNTY’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CECOUNTY’s enforcement rights under the Contract or of Addendum. , BA shall notify CE COUNTY within five ten (510) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. , BA shall notify CE within five ten (510) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, contracts, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum Exhibit “M” for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsExhibit; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policiescontracts, policies and procedures does not relieve BA of its responsibility to comply with this AddendumExhibit “M”, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.any

Audits, Inspection and Enforcement. Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BAXX. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information Information, in written or electronic form, pursuant to this Addendum Agreement for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAgreement; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. BA will correct any violation of this Agreement found by CE and will certify in writing that the correction has been made. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this AddendumAgreement, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or AddendumAgreement. BA shall notify CE within five ten (510) days of or learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights which concerns the use or other state or federal government entitydisclosure of Protected Information pursuant to this Agreement.

Audits, Inspection and Enforcement. Within ten (10) 10)calendar days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. , BA shall notify CE within five ten (510) calendar days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA Associate and its agents and subcontractors shall Agents or Subcontractors must allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use Use or disclosure Disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA Associate has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that that: (i) BA Associate and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, ; (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA Associate to which CE has access during the course of such inspection; and (iii) CE or Associate shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BAAssociate or CE. The fact that CE inspects, or fails to inspect, or has the right to inspect, BAAssociate’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA Associate of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA Associate or require BAAssociate’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or this Addendum. BA shall notify CE within five (5) days of learning that BA has become If Associate is the subject of an audit, compliance review, or complaint investigation by DHHS that is related to the Office performance of Civil Rights its obligations pursuant to this Addendum, Associate must notify CE and provide CE with a copy of any PHI that Associate provides to DHHS concurrently with providing such information to DHHS. If, as a result of an audit or other state or federal government entityinvestigation of Associate, DHHS assesses any civil penalties, Associate shall pay such penalties.

Audits, Inspection and Enforcement. Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute {00120732.3} acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA Associate and its agents and subcontractors shall Agents or Subcontractors must allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use Use or disclosure Disclosure of Protected Health Information pursuant to this Addendum Agreement for the purpose of determining whether BA Associate has complied with this Addendum or maintains adequate security safeguardsAgreement; provided, however, that that: (i) BA Associate and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, ; (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA Associate to which CE has access during the course of such inspection; and (iii) CE or Associate shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BAAssociate or CE. The fact that CE inspects, or fails to inspect, or has the right to inspect, BAAssociate’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA Associate of its responsibility to comply with this AddendumAgreement, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA Associate or require BAAssociate’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendumthis Agreement. BA shall notify CE within five (5) days of learning that BA has become If Associate is the subject of an audit, compliance review, or complaint investigation by DHHS that is related to the Office performance of Civil Rights its obligations pursuant to this Agreement, Associate must notify CE and provide CE with a copy of any Protected Health Information that Associate provides to DHHS concurrently with providing such information to DHHS. Associate is responsible for all civil penalties assessed due to an audit or other state or federal government entityinvestigation of Associate by DHHS. Audit Findings. Associate must implement any appropriate Safeguards, as identified by CE in an audit conducted under paragraph 2(o).

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, contracts, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum Exhibit “M” for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsExhibit; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policiescontracts, policies and procedures does not relieve BA of its responsibility to comply with this AddendumExhibit “M”, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendumthis Exhibit “M”. BA shall notify CE within five ten (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.10)

Audits, Inspection and Enforcement. Within ten (10) days Upon receipt of a written request by CE, BA Business Associate and its agents and or subcontractors shall allow CE or and its authorized agents or subcontractors contractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies policies, procedures, and procedures practices relating to the use or disclosure of Protected Information PHI pursuant to this Addendum BA Agreement for the purpose of determining whether BA Business Associate has complied with this Addendum or maintains adequate security safeguardsBA Agreement; provided, however, that that: (i) BA Business Associate and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, ; (ii) CE CE, and its authorized agents or contractors, shall protect the confidentiality of all confidential and proprietary information of BA Business Associate to which CE has access during the course of such inspection; and (iii) CE and its authorized agents or contractors shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BABusiness Associate. It is understood that the examination by CE and its authorized agents or contractors may include such examination as is necessary for Business Associate and such agents or contractors to certify to CE that extent to which Business Associate’s Administrative, Physical and Technical Safeguards comply with HIPAA, the HIPAA regulations and this BA Agreement. The fact that CE inspects, or fails to inspect, or has the right to inspect, BABusiness Associate’s facilities, systems, books, records, agreements, policies, procedures, and procedures practices does not relieve BA Business Associate of its responsibility to comply with this AddendumBA Agreement, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA Business Associate or require BABusiness Associate’s remediation of any unsatisfactory policies, procedures and practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entityAgreement.

Audits, Inspection and Enforcement. Within ten five (105) business days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum Agreement for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAgreement; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and sensitive proprietary information of BA to which CE has access accessed during the course of such inspectioninspection shall be protected by the CE; and (iii) CE shall execute if requested by the BA, a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by nondisclosure agreement shall be executed between CE and BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BABA ’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA Business Associate of its responsibility to comply with this Addendum, nor does Agreement. The CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract for Services or Addendumany addendum. BA shall notify CE within five (5) business days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies information systems, policies, and procedures relating to the use or disclosure of Protected Information PHI, PI, or PII pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, ; (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract agreement or Addendum. BA shall notify CE within five ten (510) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entityRights.