Common use of Health Information Clause in Contracts

Health Information. All services performed by Contractor under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code Section 56 et seq., California Welfare and Institutions Code Sections 5328, 10850 and 14100.2, Health and Safety Code Sections 11977 and 11812, 22 California Code of Regulations Section 51009, 45 Code of Federal Regulations Parts 160, 162, and 164, and 42 Code of Federal Regulations Section 2.1 et seq. Contractor shall submit to GCHP reports certifying its compliance with all Federal and State statutes and regulations regarding confidentiality. To the extent the services to be performed by the Contractor involve Protected Health Information as defined in the Health Insurance Portability and Accountability Act implementing regulations at 45 Code of Federal Regulations Section 160.103, Contractor shall execute and abide by the terms of the Business Associate Agreement between the Parties, which is incorporated by reference herein. Confidentiality Obligations. Each party shall maintain all of the other party’s Confidential Information in strict confidence and shall protect such information with the same degree of care that such party exercises with its own Confidential Information, but in no event less than a reasonable degree of care. If a party suffers any unauthorized disclosure, loss of, or inability to account for the Confidential Information of the other party, then the party to whom such Confidential Information was disclosed shall promptly notify and cooperate with the disclosing party and take such actions as may be necessary or reasonably requested by the disclosing party to minimize the damage that may result therefrom. Except as provided in this Agreement, a party shall not disclose (or allow the disclosure of) any Confidential Information of the other party without the prior written consent of such party. If a party is legally required to disclose the Confidential Information of the other party, the party required to disclose shall, as soon as reasonably practicable, provide the other party with written notice of the applicable order or subpoena creating the obligation to disclose so that such other party may seek a protective order or other appropriate remedy. In any event, the party subject to such disclosure obligation shall only disclose that Confidential Information which the party is advised by counsel as legally required to be disclosed. In addition, such party shall exercise reasonable efforts to obtain assurance that confidential treatment shall be accorded to such Confidential Information. Access to and use of any Confidential Information shall be restricted to those employees and persons within a party’s organization who have a need to use the information to perform such party’s obligations under this Agreement and are subject to a contractual or other obligation to keep such information confidential. A party’s consultants and subcontractors are included within the meaning of “persons within a party’s organization,” provided such consultants and subcontractors have executed confidentiality agreements with provisions no less stringent than those contained in this Section. Additionally, GCHP may, in response to a request, disclose Contractor’s Confidential Information to a regulator or other governmental entity with oversight authority over GCHP, provided GCHP (i) first informs Contractor of the request, and (ii) requests the recipient to keep such information confidential. Contractor and its subcontractors shall not use such Confidential Information for any purpose other than carrying out the Contractor’s obligations under this Agreement. Contractor and its subcontractors shall promptly transmit to the GCHP program contract manager all requests for disclosure of such Confidential Information.

Health Information. All services performed by Contractor under this Agreement shall be in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code Section 56 et seq., California Welfare and Institutions Code Sections 5328, 10850 and 14100.2, Health and Safety Code Sections 11977 and 11812, 22 California Code of Regulations Section 51009, 45 Code of Federal Regulations Parts 160, 162, and 164, and 42 Code of Federal Regulations Section 2.1 et seq. Contractor shall submit to GCHP reports certifying its GCHP's monitoring of said compliance with all State of California and Federal and State statutes and regulations regarding confidentiality. To the extent the services to be performed by the Contractor involve Protected Health Information as defined in the Health Insurance Portability and Accountability Act implementing regulations at 45 Code of Federal Regulations Section 160.103, Contractor shall execute and abide by the terms of the Business Associate Agreement between the Parties, which is incorporated by reference herein. Confidentiality Obligations. Each party shall maintain all of the other party’s Confidential Information in strict confidence and shall protect such information with the same degree of care that such party exercises with its own Confidential Information, but in no event less than a reasonable degree of care. If a party suffers any unauthorized disclosure, loss of, or inability to account for the Confidential Information of the other party, then the party to whom such Confidential Information was disclosed shall promptly notify and cooperate with the disclosing party and take such actions as may be necessary or reasonably requested by the disclosing party to minimize the damage that may result therefrom. Except as provided in this Agreement, a party shall not disclose (or allow the disclosure of) any Confidential Information of the other party without the prior written consent of such party. If a party is legally required to disclose the Confidential Information of the other party, the party required to disclose shall, as soon as reasonably practicable, provide the other party with written notice of the applicable order or subpoena creating the obligation to disclose so that such other party may seek a protective order or other appropriate remedy. In any event, the party subject to such disclosure obligation shall only disclose that Confidential Information which the party is advised by counsel as legally required to be disclosed. In addition, such party shall exercise reasonable efforts to obtain assurance that confidential treatment shall be accorded to such Confidential Information. Access to and use of any Confidential Information shall be restricted to those employees and persons within a party’s organization who have a need to use the information to perform such party’s obligations under this Agreement and are subject to a contractual or other obligation to keep such information confidential. A party’s consultants and subcontractors are included within the meaning of “persons within a party’s organization,” provided such consultants and subcontractors have executed confidentiality agreements agreement with provisions no less stringent than those contained in this Section. Additionally, GCHP may, in response to a request, disclose Contractor’s Confidential Information to a regulator or other governmental entity with oversight authority over GCHP, provided GCHP (i) first informs Contractor of the request, and (ii) requests the recipient to keep such information confidential. Contractor and its subcontractors shall not use such Confidential Information for any purpose other than carrying out the Contractor’s obligations under this Agreement. Contractor and its subcontractors shall promptly transmit to the GCHP program contract manager all requests for disclosure of such Confidential Information.