COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 3 contracts

Samples: Contract, Contract, Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. G. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E.F. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 3 contracts

Samples: Contract, Contract, Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. ~~104-~~ 104-191.), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 2 contracts

Samples: Contract, Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 2 contracts

Samples: Contract, Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the Parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the Parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other Party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff.] 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. [The Parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. Parties shall request consent to disseminate the data and information in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F, unless otherwise agreed upon by the Parties. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The Parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either Party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSON’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 2 contracts

Samples: Contract, Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, ~~and~~ electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. G. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E.F. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. ~~CONTRACTOR’s~~ CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 2 contracts

Samples: Contract, Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract includes, at COMMISSION’s direction, gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. ~~Data and Information Ownership.~~ The data and information collected by CONTRACTOR, in whatever form, shall be ~~COMMISSION’s sole property~~the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall ~~maintain~~ provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of work under this Contract. COMMISSION may internally use research findings and results generated from the data and information ~~on COMMISSION~~for planning purposes prior to CONTRACTOR’s ~~behalf in form~~ publication of the findings and ~~substance consistent with accepted research practices throughout~~ results. Neither COMMISSION nor CONTRACTOR shall disseminate the ~~term of this Contract~~data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all ~~original~~ collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard ~~copy,~~ copy and electronic ~~format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract~~formats. 2. ~~Dissemination of Data and Information. COMMISSION, in its sole discretion,~~ The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION The parties may enter into a royalty, licensing or reimbursement ~~agreement with CONTRACTOR~~agreement, as appropriate, ~~prior to giving its consent, to compensate or reimburse COMMISSION~~ for ~~the~~ either party’s use of ~~its~~ the data and information~~. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes~~. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. ~~111–5~~111– 5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the ~~Family Educational Rights and Privacy Act (FERPA), the~~ HIPAA Administrative Simplification Regulations and ~~the~~ HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. ~~CONTRACTOR’s~~ CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 2 contracts

Samples: Deliverables Based Contract, Deliverables Based Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 2 contracts

Samples: Contract, Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract ~~includes~~is, at COMMISSION’s direction, strictly limited to gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1~~. Data and Information Ownership~~. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to ~~the designated COMMISSION staff in hard copy,~~ COMMISSION’s Executive Director and ~~electronic format, or in such other format as requested by~~ the designated COMMISSION staff, as specified in Paragraph A of Section XVII, in hard copy and electronic formats. ~~CONTRACTOR shall cease use of all~~ [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy and electronic formats.] 2~~. Dissemination of Data and Information~~. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or ~~Executive Director’s~~ his or her designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the ~~dissemination by submitting the Data Use Approval Form, attached as Exhibit F.~~ dissemination. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge ~~COMMISSION’s~~ the participation and funding ~~pursuant~~ with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material. [The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to ~~Section XII~~ CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge the participation and funding with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“~~HIPAA~~HIPPA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5.), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXIV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of ~~HIPAA~~ HIPPA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 2 contracts

Samples: Time and Materials Contract, Expense Reimbursement Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including ~~the Health Insurance Portability and Accountability Act (“HIPAA”)~~ HIPAA (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC ~~27000-~~27000- series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. ~~CONTRACTOR’s~~ CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract ~~includes~~is, at COMMISSION’s direction, strictly limited to gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1~~. Data and Information Ownership~~. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to ~~the designated COMMISSION staff in hard copy,~~ COMMISSION’s Executive Director and ~~electronic format, or in such other format as requested by~~ the designated COMMISSION staff, as specified in Paragraph A of Section XVII, in hard copy and electronic formats. ~~CONTRACTOR shall cease use of all~~ [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for C ONTRACTOR’s performance of services under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy and electronic formats.] 2~~. Dissemination of Data and Information~~. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or ~~Executive Director’s~~ his or her designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the ~~dissemination by submitting the Data Use Approval Form, attached as Exhibit F.~~ dissemination. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge ~~COMMISSION’s~~ the participation and funding ~~pursuant~~ with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material. [The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to ~~Section XII~~ CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge the participation and funding with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“~~HIPAA~~HIPPA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5.), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXIV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of ~~HIPAA~~ HIPPA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Time and Materials Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract ~~includes~~is, at COMMISSION’s direction, strictly limited to gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1~~. Data and Information Ownership~~. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to ~~the designated COMMISSION staff in hard copy,~~ COMMISSION’s Executive Director and ~~electronic format, or in such other format as requested by~~ the designated COMMISSION staff~~. CONTRACTOR shall cease use~~ , as specified in Paragraph A of ~~all data~~ Section XVII, in hard copy and ~~information at the expiration or termination of this Contract. 2. Dissemination of Data and Information~~electronic formats. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or ~~Executive Director’s~~ his or her designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the ~~dissemination by submitting the Data Use Approval Form, attached as Exhibit F.~~ dissemination. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge ~~COMMISSION’s~~ the participation and funding ~~pursuant to Section XII~~ with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material. 32. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 43. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“~~HIPAA~~HIPPA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5.), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXIV of this Contract. 54. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 75. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of ~~HIPAA~~ HIPPA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Deliverables Based Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, ~~and~~ electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the Parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the Parties to be appropriate for CONTRACTOR’s performance of work under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other Party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to the designated COMMISSION staff in hard copy, electronic format, or in such other format as requested by the designated COMMISSION staff.] 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. G. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. [The Parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. Parties shall request consent to disseminate the data and information in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit G, unless otherwise agreed upon by the Parties. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The Parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either Party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E.F. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. ~~CONTRACTOR’s~~ CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever ~~form~~form and whether collected by CONTRACTOR or any subcontractor, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification ~~Regulations and~~ Regulations, the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION. B. CONTRACTOR shall insert the substance of this Section X.A. into any subcontract or grant agreement for the expenditure of COMMISSION’s funds.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as ~~requested~~ such data and information is then maintained by ~~the designated COMMISSION staff~~CONTRACTOR. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the Parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the Parties to be appropriate for C ONTRACTOR’s performance of services under this Contract. COMMISSION may use research findings and results generated from the data and information for planning purposes prior to C ONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other Party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff.] 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. [The Parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. Parties shall request consent to disseminate the data and information in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F, unless otherwise agreed upon by the Parties. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The Parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either Party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSON’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract includes, at COMMISSION’s direction, gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1~~. Data and Information Ownership~~. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard ~~copy,~~ copy and electronic ~~format, or in such other format as requested by the designated COMMISSION staff~~formats. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2~~. Dissemination of Data and Information~~. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ~~ten~~ ten (10) business days in advance of the ~~dissemination by submitting the Data Use Approval Form, attached as Exhibit F.~~ dissemination. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA~~. 6~~. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit ~~E. 7.~~ E. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC ~~27000-~~27000- series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract includes, at COMMISSION’s direction, gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1~~. Data and Information Ownership~~. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard ~~copy,~~ copy and electronic ~~format, or in such other format as requested by the designated COMMISSION staff~~formats. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of work under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy and electronic formats.] 2~~. Dissemination of Data and Information~~. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the ~~dissemination by submitting the Data Use Approval Form, attached as Exhibit F.~~ dissemination. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. [The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. ~~111–5~~111– 5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the ~~Family Educational Rights and Privacy Act (FERPA), the~~ HIPAA Administrative Simplification Regulations and ~~the~~ HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. ~~CONTRACTOR’s~~ CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Deliverables Based Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation DocuSign Envelope ID: D8D50F14-8D55-4640-B0D0-6704BFF590E3 process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.. DocuSign Envelope ID: D8D50F14-8D55-4640-B0D0-6704BFF590E3 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. DocuSign Envelope ID: D8D50F14-8D55-4640-B0D0-6704BFF590E3 CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1~~. Data and Information Ownership~~. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard ~~copy,~~ copy and electronic ~~format, or in such other format as requested by the designated COMMISSION staff~~formats. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy and electronic formats.] 2~~. Dissemination of Data and Information~~. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the ~~dissemination by submitting the Data Use Approval Form, attached as Exhibit F.~~ dissemination. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. [The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. ~~111–5~~111– 5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the ~~Family Educational Rights and Privacy Act (FERPA), the~~ HIPAA Administrative Simplification Regulations and ~~the~~ HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Time and Materials Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract~~: 1.~~ : Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract~~. 2~~. ~~Dissemination of Data~~ [The data and ~~Information. COMMISSION~~information collected by CONTRACTOR, in ~~its sole discretion~~whatever form (including aggregated and disaggregated data), shall ~~determine~~ be the ~~timing, format and manner~~ joint property of the ~~dissemination~~ Parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the Parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may use research findings and results generated from the data and information ~~and~~ for any ~~report of~~ purpose prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other Party’s approval. Upon COMMISSION’s request, ~~conclusions or recommendations. COMMISSION~~ CONTRACTOR shall ~~attribute the collection and evaluation~~ deliver all forms of the data and information to ~~CONTRACTOR upon dissemination~~COMMISSION, including raw individual-level data, data broken out by subpopulations, or both. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall ~~not disseminate the~~ deliver a copy of all collected data and information ~~without COMMISSION’s Executive Director’s~~to the designated COMMISSION staff in hard copy, and electronic format, or ~~Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information~~ in ~~writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached~~ such other format as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered requested by the ~~Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA~~designated COMMISSION staff. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.]

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the Parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the Parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other Party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff.] 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. [The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. Parties shall request consent to disseminate the data and information in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F, unless otherwise agreed upon by the parties. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either Party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSON’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with DocuSign Envelope ID: 8C236DDE-E463-4F94-9400-E2C97B8DEBCB accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract.. DocuSign Envelope ID: 8C236DDE-E463-4F94-9400-E2C97B8DEBCB 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, ~~and~~ electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. G. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E.F. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. ~~CONTRACTOR’s~~ CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. [The data and information collected by CONTRACTOR, in whatever form (including aggregated and disaggregated data), shall be the joint property of the Parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the Parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may use research findings and results generated from the data and information for any purpose prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other Party’s approval. Upon COMMISSION’s request, CONTRACTOR shall deliver all forms of the data and information to COMMISSION, including raw individual-level data, data broken out by subpopulations, or both. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff.] 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. [The Parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations for work specified in Exhibit A. If either Party desires to use the data and information for any purpose outside of the scope of this Contract, as set forth in Exhibit A or any other provision of this Contract, that Party shall request approval from the other Party by submitting the Data Use Approval Form, attached as Exhibit F, unless otherwise agreed upon by the parties. If CONTRACTOR approves requests made by COMMISSION, CONTRACTOR shall notify COMMISSION and COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. If COMMISSION COMMISSION CONTRACTOR COMMISSION. approves requests made by CONTRACTOR, shall of notify CONTRACTOR and inform any attributions of work required by The Parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either Party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge XXXXXXXXX’s participation and funding pursuant to Section Error! Reference source not found. and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC ~~27000-~~27000- series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of ~~services~~ work under this Contract ~~includes~~is, at COMMISSION’s direction, strictly limited to gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1~~. Data and Information Ownership~~. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to ~~the designated COMMISSION staff in hard copy,~~ COMMISSION’s Executive Director and ~~electronic format, or in such other format as requested by~~ the designated COMMISSION staff, as specified in Paragraph A of Section XVII, in hard copy and electronic formats. ~~CONTRACTOR shall cease use of all~~ [The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of work under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy and electronic formats.] 2~~. Dissemination of Data and Information~~. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or ~~Executive Director’s~~ his or her designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the ~~dissemination by submitting the Data Use Approval Form, attached as Exhibit F.~~ dissemination. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge ~~COMMISSION’s~~ the participation and funding ~~pursuant~~ with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material. [The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to ~~Section XII~~ CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge the participation and funding with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material.] 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“~~HIPAA~~HIPPA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5.), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXIV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of ~~HIPAA~~ HIPPA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Deliverables Based Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and ~~information~~information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, or and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. ~~Data and Information Ownership.~~ The data and information collected by CONTRACTOR, in whatever form, shall be ~~COMMISSION’s sole property~~the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall ~~maintain~~ provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may internally use research findings and results generated from the data and information ~~on COMMISSION~~for planning purposes prior to CONTRACTOR’s ~~behalf in form~~ publication of the findings and ~~substance consistent with accepted research practices throughout~~ results. Neither COMMISSION nor CONTRACTOR shall disseminate the ~~term of this Contract~~data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all ~~original~~ collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard ~~copy,~~ copy and electronic ~~format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract~~formats. 2. ~~Dissemination of Data and Information. COMMISSION, in its sole discretion,~~ The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION The parties may enter into a royalty, licensing or reimbursement ~~agreement with CONTRACTOR~~agreement, as appropriate, ~~prior to giving its consent, to compensate or reimburse COMMISSION~~ for ~~the~~ either party’s use of ~~its~~ the data and information. ~~COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or~~ scientific ~~purposes.~~ In published material arising out of academic or ~~scientific~~ activities, CONTRACTOR shall acknowledge ~~COMMISSION~~COMMISSON’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s or CONTRACTOR’s grantees and subcontractors performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s and CONTRACTOR’s grantees and subcontractors use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s or CONTRACTOR’s grantees and subcontractors results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR and CONTRACTOR’s grantees and subcontractors shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. CONTRACTOR’s and CONTRACTOR’s grantees and subcontractors request shall state the specific purpose for which consent is being sought. If CONTRACTOR or CONTRACTOR’s grantees and subcontractors desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR or CONTRACTOR’s grantees and subcontractors, or any party related to CONTRACTOR or CONTRACTOR’s grantees and subcontractors, CONTRACTOR or CONTRACTOR’s grantees and subcontractors shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR or CONTRACTOR’s grantees and subcontractors, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR and CONTRACTOR’s grantees and subcontractors shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. ~~104-~~ 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section ~~XXV~~ XXVI of this Contract. 5. CONTRACTOR and CONTRACTOR’s grantees and subcontractors shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH ~~Act and, as may be applicable to such data, (i) the California Confidentiality of Information~~ Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR and CONTRACTOR’s grantees and subcontractors shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s or CONTRACTOR’s grantees and subcontractors participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR or CONTRACTOR’s grantees and subcontractors is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth ~~in Exhibit E.~~in 7. If applicable, CONTRACTOR and CONTRACTOR’s grantees and subcontractors shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s and CONTRACTOR’s grantees and subcontractors shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information, evaluating the data and information, or reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. Data and Information Ownership. The data and information collected by CONTRACTOR, in whatever form, shall be COMMISSION’s sole property. CONTRACTOR shall maintain the data and information on COMMISSION’s behalf in form and substance consistent with accepted research practices throughout the term of this Contract. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver all original collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. CONTRACTOR shall cease use of all data and information at the expiration or termination of this Contract. 2. Dissemination of Data and Information. COMMISSION, in its sole discretion, shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. CONTRACTOR shall not disseminate the data and information without COMMISSION’s Executive Director’s, or Executive Director’s designee’s, prior written consent. CONTRACTOR shall request COMMISSION’s consent to disseminate the data and information in writing not less than ten (10) business days in advance of the dissemination by submitting the Data Use Approval Form, attached as Exhibit F. E. CONTRACTOR’s request shall state the specific purpose for which consent is being sought. If CONTRACTOR desires to use the data and information for a purpose that will result in profit or financial compensation to CONTRACTOR, or any party related to CONTRACTOR, CONTRACTOR shall submit a written request for consent to COMMISSION. In such cases, COMMISSION may enter into a royalty, licensing or reimbursement agreement with CONTRACTOR, as appropriate, prior to giving its consent, to compensate or reimburse COMMISSION for the use of its data and information. COMMISSION shall not seek compensation or reimbursement for the permitted use of its data and information for purely academic or scientific purposes. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information~~. CONTRACTOR shall require that its personnel performing work and providing deliverables under this Contract comply with the confidentiality provisions of this Contract~~. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. ~~104-~~ 104-191.), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111–5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the Family Educational Rights and Privacy Act (FERPA), the HIPAA Administrative Simplification Regulations and the HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act and, as may be applicable to such data, (i) the California Confidentiality of Information Act, California Civ. Code Sec. 56.10 et seq., and (ii) the California Consumer Privacy Act of 2018, California Civ. Code Section 1798.100 et seq. CONTRACTOR may, at its option, comply with the foregoing by applying for and receiving Hitrust Certification as offered by the Hitrust Alliance and meeting its Common Security Framework in compliance with ISO/IEC 27000-series and HIPAA. 6. CONTRACTOR shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of CONTRACTOR’s participation in legal or non-legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Contract. If CONTRACTOR is a “covered entity” or “business associate,” as the terms are defined under HIPAA, CONTRACTOR shall comply with the requirements of HIPAA and the HIPAA Rules in protecting the privacy and security of health information and providing individuals with certain rights with respect to their health information, and shall comply with the Evaluation and Investigation of Alleged Noncompliance with Client Confidentiality Process set forth in Exhibit E. 7. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR’s shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.

Appears in 1 contract

Samples: Contract

Common use of COLLECTION AND EVALUATION OF DATA AND INFORMATION Clause in Contracts