Common use of Confidential Records Clause in Contracts

Confidential Records. Contractor acknowledges that client-specific information generated, received or disseminated pursuant to its performance under this Contract may be confidential and shall not be disclosed in any manner unless authorized by law or by client consent. Furthermore, Contractor warrants that Contractor is knowledgeable of state and federal confidentiality laws applicable to the subject of this Contract and will abide by such requirements. The contractor named hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The named contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: (a) The dangers of drug abuse in the workplace; (b) The person or organization's policy of maintaining a drug-free workplace; (c) Any available counseling, rehabilitation and employee assistance programs; and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free policy statement; and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above-described certification. I am fully aware that this certification executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Contractor Date Officials Name (type or print) Title Federal Tax I.D. Number Section 11166 of the Penal Code requires any child care custodian, health practitioner, animal control officer, employee of a child protective agency, or child visitation monitor who has knowledge of, or observes, a child in his or her professional capacity or within the scope of his or her employment whom he of she knows or reasonably suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency immediately, or as soon as practically possible, by telephone and to prepare and send a written report thereof within 36 hours of receiving the information concerning the incident. For purposes of this section, “child care custodian” includes teachers; and instructional aide, a teacher’s aide, or a teacher’s assistant employed by any public or private school, who has been trained in the duties imposed by this article, if the school district has so warranted to the State Department of Education; a classified employee of any public school who has been trained in the duties imposed by this article, if the school has so warranted to the State Department of Education; administrative officers, supervisors of child welfare and attendance, or certified pupil personnel employees of any public or private school; administrators of a public or private day camp; administrators and employees or any public or private youth centers, youth recreation programs, or youth organizations; administrators and employees of public or private organizations whose duties require direct contact and supervision of children and who have been trained in the duties imposed by this article; licensees, administrators and employees of licensed community care or child day care facilities; head start teachers; licensing workers or licensing evaluators; public assistance workers; employees of a child care institution including, but not limited to, xxxxxx parents, group home personnel, and personnel of residential care facilities; social workers, probation officers, or parole officers; employees of a school district police or security department; any person who is an administrator or a presenter of, or a counselor in, a child abuse prevention program in any public or private school; a district attorney investigator, inspector, or family support officer unless the investigator, inspector, or officer is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor; or a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of this code, who is not otherwise described in this section.

Confidential Records. Contractor acknowledges that client-specific information generated, received or disseminated pursuant to its performance under this Contract may be confidential and shall not be disclosed in any manner unless authorized by law or by client consent. Furthermore, Contractor warrants that Contractor is knowledgeable of state and federal confidentiality laws applicable to the subject of this Contract and will abide by such requirements. The contractor named hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The named contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: (a) The dangers of drug abuse in the workplace; (b) The person or organization's policy of maintaining a drug-free workplace; (c) Any available counseling, rehabilitation and employee assistance programs; and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free policy statement; and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above-described certification. I am fully aware that this certification executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. Contractor Date Officials Name (type or print) Title Federal Tax I.D. Number Section 11166 This Exhibit shall constitute the Business Associate Agreement (the “Agreement”) between the County of Xxxxxx (the “County”) and the Contractor or grant recipient (the “Contractor”) and applies to the functions Contractor will perform on behalf of the Penal Code requires any child care custodian, health practitioner, animal control officer, employee of a child protective agency, or child visitation monitor who has knowledge of, or observes, a child in his or her professional capacity or within the scope of his or her employment whom he of she knows or reasonably suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency immediately, or as soon as practically possible, by telephone and to prepare and send a written report thereof within 36 hours of receiving the information concerning the incident. For purposes of this sectionCounty (collectively, “child care custodian” includes teachers; and instructional aideServices”), a teacher’s aidethat is identified in Exhibit A, or a teacher’s assistant employed by any public or private school, who has been trained in the duties imposed by this article, if the school district has so warranted Scope of Work. A County wishes to disclose certain information to Contractor pursuant to the State terms of the Agreement, some of which may constitute Protected Health Information (“PHI”) (defined below). B County and its Contractor acknowledge that Contractor is subject to the Privacy and Security Rules (45 CFR parts 160 and 164) promulgated by the United States Department of Education; a classified employee of any public school who has been trained in the duties imposed by this article, if the school has so warranted Health and Human Services pursuant to the State Department Health Insurance Portability and Accountability Act of Education; administrative officers1996 (HIPAA), supervisors Public Law 104-191 as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XIII of child welfare Division A and attendanceTitle IV of Division B of the American Recovery and Reinvestment Act of 2009 (“HITECH Act), or certified pupil personnel employees in certain aspects of any public or private school; administrators its operations performed on behalf of a public or private day camp; administrators the County. C As part of the HIPAA Regulations, the Privacy Rule and employees or any public or private youth centersthe Security Rule (defined below) require County to enter into an Agreement containing specific requirements with Contractor prior to the disclosure of PHI, youth recreation programs, or youth organizations; administrators and employees of public or private organizations whose duties require direct contact and supervision of children and who have been trained in the duties imposed by this article; licensees, administrators and employees of licensed community care or child day care facilities; head start teachers; licensing workers or licensing evaluators; public assistance workers; employees of a child care institution includingas set forth in, but not limited to, xxxxxx parentsTitle 45, group home personnelsections 164.314(a), 164.502(e) and personnel of residential care facilities; social workers, probation officers, or parole officers; employees of a school district police or security department; any person who is an administrator or a presenter of, or a counselor in, a child abuse prevention program in any public or private school; a district attorney investigator, inspector, or family support officer unless the investigator, inspector, or officer is working with an attorney appointed pursuant to Section 317 164.504(e) of the Welfare Code of Federal Regulations (“C.F.R.”) and Institutions Code to represent a minor; or a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of this code, who is not otherwise described contained in this sectionAgreement.