Common use of Factual Background and Covered Conduct Clause in Contracts

Factual Background and Covered Conduct. On September 27, 2010, the HHS Office for Civil Rights received notification from “New York-Presbyterian Hospital and Columbia Medical Center” regarding a breach of unsecured electronic protected health information (ePHI). On November 5, 2010, HHS notified CU of HHS’ investigation regarding CU’s compliance with the Privacy and Security Rules promulgated by HHS pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub.L. 104-191, 110 Stat. 1936. HHS’ investigation indicated that the following conduct occurred (“Covered Conduct”):

Factual Background and Covered Conduct. On September 27, 2010, the HHS Office for Civil Rights received notification from “New York-Presbyterian Hospital and Columbia University Medical Center” regarding a breach of its unsecured electronic protected health information (ePHI). On November 5, 2010, HHS notified CU NYP of HHS’ investigation regarding CUNYP’s compliance with the Privacy and Security Rules promulgated by HHS pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub.L. 104-191, 110 Stat. 1936. HHS’ investigation indicated that the following conduct occurred (“Covered Conduct”):