Common use of DEAA CONFIDENTIALITY PROVISIONS Clause in Contracts

DEAA CONFIDENTIALITY PROVISIONS. In addition to the other provisions in Section 7(c) of this Agreement, the parties shall be bound by the terms in this Exhibit D (which is attached to and shall be deemed a part of the Agreement). Medicaid Confidential Data/Protected Health Information (MCD/PHI) includes all information about a recipient or applicant, including enrollment information, eligibility data and protected health information, which is originated from DOH under the DEAA and received by you. You agree to comply with the following state and federal laws and regulations: • Section 367b(4) of the NY Social Services Law • New York State Social Services Law Section 369 (4) • Article 27-F of the New York Public Health Law & 18 NYCRR 360-8.1 • Social Security Act,42 USC 1396a (a)(7) • Federal regulations at 42 CFR 431.302, 42 C.F.R. Part 2 • The Health Insurance Portability and Accountability act (HIPAA), at 45 CFR Parts 160 and 164 Please note that MCD/ PHI released to you may contain AIDS/HIV related confidential information as defined in Section 2780(7) of the New York Public Health Law. As required by New York Public Health Law Section 2782(5), the following notice is provided to you: “This information has been disclosed to you from confidential records which are protected by state law. State law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of state law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is NOT sufficient authorization for the release for further disclosure.” Alcohol and Substance Abuse Related Confidentiality Restrictions: Alcohol and substance abuse information is confidential pursuant to 42 C.F.R. Part 2. General authorizations are ineffective to obtain the release of such data. The federal regulations provide for a specific release for such data. You agrees to comply with the same restrictions and conditions that apply to the “Applicant” throughout the DEAA. You may not further disclose MCD/PHI without the prior written approval of the New York State Department of Health. Notwithstanding any other provision of this agreement, contract, or amendment (hereinafter "the Agreement " or "this Agreement ") the parties agree to be bound by the following clauses which are hereby made a part of the Agreement. Further, if this Agreement is between a Managed Care Organization and an IPA, or between an IPA and an IPA, such clauses must be included in IPA contracts with providers, and providers must agree to such clauses.