Common use of DATA OWNERSHIP, CONFIDENTIALITY AND HIPAA COMPLIANCE Clause in Contracts

DATA OWNERSHIP, CONFIDENTIALITY AND HIPAA COMPLIANCE. 1.1 Any information provided to or developed by Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by Contractor without the prior written approval of County except as may otherwise be required by law. Contractor shall not, without County’s written permission consent, use or disclose County information or data other than in the performance of its obligations under this Agreement. 1.2 During the term of its Agreement and any mutually agreed upon extension thereof, Contractor shall use every effort to (1) require authorized user to enter user identification codes and passwords prior to gaining access to the County data, and (2) control access by any end user to County data. 1.3 If any County data is lost or damaged due to the negligent acts or omissions of Contractor while working in any Information Systems such as Electronic Medical Record, Contractor shall use every effort to assist in replacing or regenerating such data at no additional cost to County. 1.4 All patient information shall be treated as confidential by Contractor. County employee information, financial information and proprietary information are also confidential. Contractor shall ensure that Contractor’s Physicians shall comply with the terms set forth in Exhibit H (Security and Confidentiality Agreement). 1.5 County will permit Contractor and the authorized representatives of Contractor, during normal business hours and as often as reasonably requested, to visit and inspect at the expense of Contractor, books, records and, subject to all applicable laws related to the confidentiality of medical records, all records of patients treated by Contractor’s Physicians, for purposes of monitoring the quality and amount of professional services rendered by one or more of Contractor’s Physicians pursuant to this Agreement. Subject to all applicable laws related to the confidentiality of medical records, Contractor will have the right to make copies of, at Contractor’s sole expense, all medical records of patients treated by Contractor’s Physicians for any purpose related to the performance of Contracted Services hereunder and permitted by law. 1.6 The parties acknowledge that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the HIPAA Privacy Regulations promulgated there under establish certain rights, obligations and duties in relation to the use and disclosure of individually identifiable health information. County shall ensure that its Notice of Privacy Practices, required under the HIPAA Privacy Regulations, meets all of the applicable requirements for notices of privacy practices set forth in the HIPAA Privacy Regulations. County acknowledges and represents that its Notice of Privacy Practices will cover the Contractor’s Physician and that the Physician will be subject to all of County’s policies and procedures related to complying with HIPAA and the HIPAA Privacy Regulations and will be adequately trained in the requirements of such policies. County further represents that it will maintain the designated record set, as that term is defined in HIPAA and the HIPAA Privacy Regulations, for all Contracted Services provided by the Providers pursuant to this Agreement and that it will be solely responsible for complying with the individual rights provisions under the HIPAA Privacy Regulations with respect to the designated record set. 1.7 If Contractor shall be considered a “Business Associate” of the County for the purpose of HIPAA, and Contractor agrees to the terms set forth in Exhibit I (Business Associate Agreement).

DATA OWNERSHIP, CONFIDENTIALITY AND HIPAA COMPLIANCE. 1.1 a. Any information provided to or developed by Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by Contractor without the prior written approval of County except as may otherwise be required by law. Contractor shall not, without County’s written permission consent, use or disclose County information or data other than in the performance of its obligations under this Agreement. 1.2 b. During the term of its Agreement and any mutually agreed upon extension thereof, Contractor shall use every effort to (1) require authorized user to enter user identification codes and passwords prior to gaining access to the County data, and (2) control access by any end user to County data. 1.3 c. If any County data is lost or damaged due to the negligent acts or omissions of Contractor while working in any Information Systems such as Electronic Medical Record, Contractor shall use every effort to assist in replacing or regenerating such data at no additional cost to County. 1.4 d. All patient information shall be treated as confidential by Contractor. County employee information, financial information and proprietary information are also confidential. Contractor shall ensure that Contractor’s Physicians Service Providers shall comply with the terms set forth in Exhibit H (D: Security and Confidentiality Agreement). 1.5 e. County will permit Contractor and the authorized representatives of Contractor, during normal business hours and as often as reasonably requested, to visit and inspect at the expense of Contractor, books, records and, subject to all applicable laws related to the confidentiality of medical records, all records of patients treated by Contractor’s PhysiciansService Providers, for purposes of monitoring the quality and amount of professional services rendered by one or more of Contractor’s Physicians Service Providers pursuant to this Agreement. Subject to all applicable laws related to the confidentiality of medical records, Contractor will have the right to make copies of, at Contractor’s sole expense, all medical records of patients treated by Contractor’s Physicians Service Providers for any purpose related to the performance of Contracted Services hereunder and permitted by law. 1.6 f. The parties acknowledge that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the HIPAA Privacy Regulations promulgated there under establish certain rights, obligations and duties in relation to the use and disclosure of individually identifiable health information. County shall ensure that its Notice of Privacy Practices, required under the HIPAA Privacy Regulations, meets all of the applicable requirements for notices of privacy practices set forth in the HIPAA Privacy Regulations. County acknowledges and represents that its Notice of Privacy Practices will cover the Contractor’s Physician Service Providers and that the Physician Service Providers will be subject to all of County’s policies and procedures related to complying with HIPAA and the HIPAA Privacy Regulations and will be adequately trained in the requirements of such policies. County further represents that it will maintain the designated record set, as that term is defined in HIPAA and the HIPAA Privacy Regulations, for all Contracted Services provided by the Providers pursuant to this Agreement and that it will be solely responsible for complying with the individual rights provisions under the HIPAA Privacy Regulations with respect to the designated record set. 1.7 If Contractor shall be considered a “Business Associate” of the County for the purpose of HIPAA, and Contractor agrees to the terms set forth in Exhibit I (Business Associate Agreement).

DATA OWNERSHIP, CONFIDENTIALITY AND HIPAA COMPLIANCE. 1.1 2.1 Any information provided to or developed by Contractor and its Providers in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by Contractor without the prior written approval of County except as may otherwise be required by law. Contractor shall not, without County’s written permission consent, use or disclose County information or data other than in the performance of its obligations under this Agreement. 1.2 2.2 During the term of its Agreement and any mutually agreed upon extension thereof, Contractor shall use every effort to (1) require authorized user to enter user identification codes and passwords prior to gaining access to the County data, and (2) control access by any end user to County data. 1.3 2.3 If any County data is lost or damaged due to the negligent acts or omissions of Contractor and its Providers while working in any Information Systems such as Electronic Medical Record, Contractor shall use every effort to assist in replacing or regenerating such data at no additional cost to County. 1.4 2.4 All patient information shall be treated as confidential by Contractor. County employee information, financial information and proprietary information are also confidential. Contractor shall ensure that Contractor’s Physicians shall comply with the terms set forth in Exhibit H (Security and Confidentiality Agreement). 1.5 2.5 County will permit Contractor and the authorized representatives of Contractor, during normal business hours and as often as reasonably requested, to visit and inspect at the expense of Contractor, books, records and, subject to all applicable laws related to the confidentiality of medical records, all records of patients treated by Contractor’s Physicians, for purposes of monitoring the quality and amount of professional services rendered by one or more of Contractor’s Physicians Contractor pursuant to this Agreement. Subject to all applicable laws related to the confidentiality of medical records, Contractor will have the right to make copies of, at Contractor’s sole expense, all medical records of patients treated by Contractor’s Physicians Contractor for any purpose related to the performance of Contracted Services hereunder and permitted by law. 1.6 2.6 The parties acknowledge that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the HIPAA Privacy Regulations promulgated there under establish certain rights, obligations and duties in relation to the use and disclosure of individually identifiable health information. County shall ensure that its Notice of Privacy Practices, required under the HIPAA Privacy Regulations, meets all of the applicable requirements for notices of privacy practices set forth in the HIPAA Privacy Regulations. County acknowledges and represents that its Notice of Privacy Practices will cover the Contractor’s Physician and that the Physician . Contractor will be subject to all of County’s policies and procedures related to complying with HIPAA and the HIPAA Privacy Regulations and will be adequately trained in the requirements of such policies. County further represents that it will maintain the designated record set, as that term is defined in HIPAA and the HIPAA Privacy Regulations, for all Contracted Services provided by the Providers Contractor pursuant to this Agreement and that it will be solely responsible for complying with the individual rights provisions under the HIPAA Privacy Regulations with respect to the designated record set. 1.7 If Contractor shall be considered a “Business Associate” of the County for the purpose of HIPAA, and Contractor agrees to the terms set forth in Exhibit I (Business Associate Agreement).

DATA OWNERSHIP, CONFIDENTIALITY AND HIPAA COMPLIANCE. 1.1 2.1 Any information provided to or developed by Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by Contractor without the prior written approval of County except as may otherwise be required by law. Contractor shall not, without County’s written permission consent, use or disclose County information or data other than in the performance of its obligations under this Agreement. 1.2 2.2 During the term of its Agreement and any mutually agreed upon extension thereof, Contractor shall use every effort to (1) require authorized user to enter user identification codes and passwords prior to gaining access to the County data, and (2) control access by any end user to County data. 1.3 2.3 If any County data is lost or damaged due to the negligent acts or omissions of Contractor while working in any Information Systems such as Electronic Medical Record, Contractor shall use every effort to assist in replacing or regenerating such data at no additional cost to County. 1.4 2.4 All patient information shall be treated as confidential by Contractor. County employee information, financial information and proprietary information are also confidential. Contractor shall ensure that Contractor’s Physicians Audiologists shall comply with the terms set forth in Exhibit H (Security and Confidentiality Agreement). 1.5 2.5 County will permit Contractor and the authorized representatives of Contractor, during normal business hours and as often as reasonably requested, to visit and inspect at the expense of Contractor, books, records and, subject to all applicable laws related to the confidentiality of medical records, all records of patients treated by Contractor’s PhysiciansAudiologists, for purposes of monitoring the quality and amount of professional services rendered by one or more of Contractor’s Physicians Audiologists pursuant to this Agreement. Subject to all applicable laws related to the confidentiality of medical records, Contractor will have the right to make copies of, at Contractor’s sole expense, all medical records of patients treated by Contractor’s Physicians Audiologists for any purpose related to the performance of Contracted Services hereunder and permitted by law. 1.6 2.6 The parties acknowledge that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the HIPAA Privacy Regulations promulgated there under establish certain rights, obligations and duties in relation to the use and disclosure of individually identifiable health information. County shall ensure that its Notice of Privacy Practices, required under the HIPAA Privacy Regulations, meets all of the applicable requirements for notices of privacy practices set forth in the HIPAA Privacy Regulations. County acknowledges and represents that its Notice of Privacy Practices will cover the Contractor’s Physician Audiologist and that the Physician Audiologist will be subject to all of County’s policies and procedures related to complying with HIPAA and the HIPAA Privacy Regulations and will be adequately trained in the requirements of such policies. County further represents that it will maintain the designated record set, as that term is defined in HIPAA and the HIPAA Privacy Regulations, for all Contracted Services provided by the Providers pursuant to this Agreement and that it will be solely responsible for complying with the individual rights provisions under the HIPAA Privacy Regulations with respect to the designated record set. 1.7 If Contractor shall be considered a “Business Associate” of the County for the purpose of HIPAA, and Contractor agrees to the terms set forth in Exhibit I (Business Associate Agreement).

DATA OWNERSHIP, CONFIDENTIALITY AND HIPAA COMPLIANCE. 1.1 2.1 Any information provided to or developed by Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by Contractor without the prior written approval of County except as may otherwise be required by law. Contractor shall not, without County’s written permission consent, use or disclose County information or data other than in the performance of its obligations under this Agreement. 1.2 2.2 During the term of its Agreement and any mutually agreed upon extension thereof, Contractor shall use every effort to (1) require authorized user to enter user identification codes and passwords prior to gaining access to the County data, and (2) control access by any end user to County data. 1.3 2.3 If any County data is lost or damaged due to the negligent acts or omissions of Contractor while working in any Information Systems such as Electronic Medical Record, Contractor shall use every effort to assist in replacing or regenerating such data at no additional cost to County. 1.4 2.4 All patient information shall be treated as confidential by Contractor. County employee information, financial information and proprietary information are also confidential. Contractor shall ensure that Contractor’s Physicians Audiologists shall comply with the terms set forth in Exhibit H (Security and Confidentiality Agreement). 1.5 2.5 County will permit Contractor and the authorized representatives of Contractor, during normal business hours and as often as reasonably requested, to visit and inspect at the expense of Contractor, books, records and, subject to all applicable laws related to the confidentiality of medical records, all records of patients treated by Contractor’s PhysiciansAudiologists, for purposes of monitoring the quality and amount of professional services rendered by one or more of Contractor’s Physicians Audiologists pursuant to this Agreement. Subject to all applicable laws related to the confidentiality of medical records, Contractor will have the right to make copies of, at Contractor’s sole expense, all medical records of patients treated by Contractor’s Physicians Audiologists for any purpose related to the performance of Contracted Services hereunder and permitted by law. 1.6 2.6 The parties acknowledge that the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the HIPAA Privacy Regulations promulgated there under establish certain rights, obligations and duties in relation to the use and disclosure of individually identifiable health information. County shall ensure that its Notice of Privacy Practices, required under the HIPAA Privacy Regulations, meets all of the applicable requirements for notices of privacy practices set forth in the HIPAA Privacy Regulations. County acknowledges and represents that its Notice of Privacy Practices will cover the Contractor’s Physician Audiologists and that the Physician Audiologists will be subject to all of County’s policies and procedures related to complying with HIPAA and the HIPAA Privacy Regulations and will be adequately trained in the requirements of such policies. County further represents that it will maintain the designated record set, as that term is defined in HIPAA and the HIPAA Privacy Regulations, for all Contracted Services provided by the Providers pursuant to this Agreement and that it will be solely responsible for complying with the individual rights provisions under the HIPAA Privacy Regulations with respect to the designated record set. 1.7 If Contractor shall be considered a “Business Associate” of the County for the purpose of HIPAA, and Contractor agrees to the terms set forth in Exhibit I (Business Associate Agreement).