Common use of Confidential Data, Information and Records Clause in Contracts

Confidential Data, Information and Records. GRANTEE shall design and maintain all data security and encryption necessary to secure confidential data and information collected in the performance of this Grant Agreement and confidential records, including records related to this Grant Agreement and client records. GRANTEE shall employ reasonable procedures to assure that the details of any advertising campaigns developed under this Grant Agreement adhere to applicable federal, state and local confidentiality laws. GRANTEE shall be liable for any infringement of or misconduct involving any confidential data and information. The Parties shall comply with HIPAA (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the HITECH Act, which was enacted as part of ARRA (Pub. L. 111–5), as required, and implement adequate procedures to maintain confidential data and information. GRANTEE shall comply with all applicable state and federal laws governing the gathering, use and protection of personal information and the protection of human subjects, 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 GRANTEE is legally considered a Covered Entity and/or if GRANTEE conducts business with Covered Entities, GRANTEE shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act. GRANTEE shall add COMMISSION to all GRANTEE consent and release forms as the “LA Cty. Prop 10 Commn., its officials, officers, directors, agents, consultants and employees.” GRANTEE shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of GRANTEE’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 Grant Agreement. If GRANTEE is a “covered entity” or “business associate,” as the terms are defined under HIPAA, GRANTEE 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 C.

Confidential Data, Information and Records. GRANTEE shall design and maintain all data security and encryption necessary to secure confidential data and information collected in the performance of this Grant Agreement and confidential records, including records related to this Grant Agreement and client records. GRANTEE shall employ reasonable procedures to assure that the details of any advertising campaigns developed under this Grant Agreement adhere to applicable federal, state and local confidentiality laws. GRANTEE shall be liable for any infringement of or misconduct involving any confidential data and information. The Parties shall comply with HIPAA (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the HITECH Act, which was enacted as part of ARRA (Pub. L. 111–5), as required, and implement adequate procedures to maintain confidential data and information. GRANTEE shall comply with all applicable state and federal laws governing the gathering, use and protection of personal information and the protection of human subjects, 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 GRANTEE is legally considered a Covered Entity and/or if GRANTEE conducts business with Covered Entities, GRANTEE shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act. GRANTEE shall add COMMISSION to all GRANTEE consent and release forms as the “LA Cty. Prop 10 Commn., its officials, officers, directors, agents, consultants and employees.” GRANTEE XXXXXXX shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of GRANTEE’s participation in legal or non-non- legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Grant Agreement. If GRANTEE is a “covered entity” or “business associate,” as the terms are defined under HIPAA, GRANTEE 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 C.

Confidential Data, Information and Records. GRANTEE shall design and maintain all data security and encryption necessary to secure confidential data and information collected in the performance of this Grant Agreement and confidential records, including records related to this Grant Agreement and client records. GRANTEE shall employ reasonable procedures to assure that the details of any advertising campaigns developed under this Grant Agreement adhere to applicable federal, state and local confidentiality laws. GRANTEE shall be liable for any infringement of or misconduct involving any confidential data and information. The Parties shall comply with HIPAA (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the HITECH Act, which was enacted as part of ARRA (Pub. L. 111–5), as required, and implement adequate procedures to maintain confidential data and information. GRANTEE shall comply with all applicable state and federal laws governing the gathering, use and protection of personal information and the protection of human subjects, 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 GRANTEE is legally considered a Covered Entity and/or if GRANTEE conducts business with Covered Entities, GRANTEE shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act. GRANTEE shall add COMMISSION to all GRANTEE consent and release forms as the “LA Cty. Prop 10 Commn., its officials, officers, directors, agents, consultants and employees.” GRANTEE shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of GRANTEE’s participation in legal or non-non- legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Grant Agreement. If GRANTEE is a “covered entity” or “business associate,” as the terms are defined under HIPAA, GRANTEE 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 C.

Confidential Data, Information and Records. GRANTEE shall design and maintain all data security and encryption necessary to secure confidential data and information collected in the performance of this Grant Agreement and confidential records, including records related relates to this Grant Agreement and client records. GRANTEE shall employ reasonable procedures to assure that the details of any advertising campaigns developed under this Grant Agreement adhere to applicable federal, state and local confidentiality laws. GRANTEE shall be liable for any infringement of or misconduct involving any confidential data and information. The Parties shall comply with HIPAA (Pub. L. 104- 191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the HITECH Act, which was enacted as part of ARRA (Pub. L. 111–5), as required, and implement adequate procedures to maintain confidential data and information. GRANTEE shall comply with all applicable state and federal laws governing the gathering, use and protection of personal information and the protection of human subjects, 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 GRANTEE is legally considered a Covered Entity and/or if GRANTEE conducts business with Covered Entities, GRANTEE shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act. GRANTEE shall add COMMISSION to all GRANTEE consent and release forms as the “LA Cty. Prop 10 Commn., its officials, officers, directors, agents, consultants and employees.” GRANTEE shall immediately notify COMMISSION upon discovery of any breach of confidential data and information and of GRANTEE’s participation in legal or non-non- legal actions to remedy such breaches. A breach of confidential data and information shall constitute a material breach of this Grant Agreement. If GRANTEE is a “covered entity” or “business associate,” as the terms are defined under HIPAA, GRANTEE 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 C.