Common use of HIPAA/HITECH Obligations Clause in Contracts

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of student information, to include, without limitation, HIPAA and HITECH. In addition, if necessary, the parties agree to resist any effort to obtain access to such records or information in judicial proceedings, except such access as is expressly permitted by federal/state regulations. To the extent that EDUCATIONAL INSTITUTION may be a “Covered Entity” as defined by HIPAA, and would therefore be subject to applicable requirements, including, but not limited to, requirements to enter into certain contracts with their “business associates,” by HIPAA, the parties acknowledge that a business associate agreement is not needed due to the nature of services provided by MAXIM. Specifically, the parties acknowledge that under HIPAA, Personnel provided hereunder are considered part of EDUCATIONAL INSTITUTION’s workforce and to that end, all Protected Health Information (“PHI”) is created, viewed, used, maintained and otherwise stored and safeguarded in EDUCATIONAL INSTITUTION’s work environment. The parties further acknowledge that PHI is not exchanged between the parties in order for MAXIM to provide Personnel as part of EDUCATIONAL INSTITUTION’s temporary workforce. Notwithstanding the foregoing, MAXIM and all staff provided to EDUCATIONAL INSTITUTION hereunder shall comply with confidentiality, medical records and/or other applicable laws and regulations with regard to any and all information directly or indirectly accessed or used by MAXIM and their personnel, including without limitation HIPAA and HITECH. EDUCATIONAL INSTITUTION and MAXIM have acknowledged their understanding of and agreement to the mutual promises written above by executing and delivering this Agreement as of the date set forth above. XXXXXX UNIFIED SCHOOL DISTRICT: MAXIM HEALTHCARE SERVICES, INC., D/B/A MAXIM STAFFING SOLUTIONS: Signature Signature Printed Name & Title Printed Name & Title Date Date ATTACHMENT A Xxxxxx Unified School District STAFFING RATES Charges will be based on the following hourly rate schedule effective 6 October 2017: Service Weekday Rate Weekend Rate LVN $42 $42 RN $60 $60 Credentialed RN $70 $70 C.N.A./ Health Aide $26 $26 Behavioral Aide/ Behavioral Tech $50 $50 BCBA $115 $115 OT/PT/SLP $75 - 85 $75 - 85 Bilingual SLP $80 - 85 $80 - 85 SLPA/XXXX/PTA $60 – 65 $60 – 65 SPED Teacher/ TDHH/ TVI/ APE $65 - 70 $65 - 70 School Psychologist $90 - 100 $90 - 100 Orientation. Rates listed above will be charged for all time spent in required EDUCATIONAL INSTITUTION orientation. Overtime. Overtime rates are charged for all hours worked in excess of forty (40) per week or according to applicable state law. Overtime must have EDUCATIONAL INSTITUTION supervisory approval. The overtime rate is one and one-half (1.5) times the regular billing rate for such hours. Holidays. Holiday rates will apply to shifts beginning at 11:00 p.m. the night before the holiday through 11:00 p.m. the night of the holiday. Time and one-half will be charged for the following holidays: New Year's Eve (from 3 PM) Thanksgiving Day New Year's Day Labor Day Memorial Day Christmas Eve (from 3 PM) Independence Day Christmas Day Easter XXXXXX UNIFIED SCHOOL DISTRICT: MAXIM ENTITY: Signature Signature Printed Name & Title Printed Name & Title

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of student information, to include, without limitation, HIPAA and HITECH. In addition, if necessary, the parties agree to resist any effort to obtain access to such records or information in judicial proceedings, except such access as is expressly permitted by federal/state regulations. To the extent that EDUCATIONAL INSTITUTION may be a “Covered Entity” as defined by HIPAA, and would therefore be subject to applicable requirements, including, but not limited to, requirements to enter into certain contracts with their “business associates,” by HIPAA, the parties acknowledge that a business associate agreement is not needed due to the nature of services provided by MAXIM. Specifically, the parties acknowledge that under HIPAA, Personnel provided hereunder are considered part of EDUCATIONAL INSTITUTION’s workforce and to that end, all Protected Health Information (“PHI”) is created, viewed, used, maintained and otherwise stored and safeguarded in EDUCATIONAL INSTITUTION’s work environment. The parties further acknowledge that PHI is not exchanged between the parties in order for MAXIM to provide Personnel as part of EDUCATIONAL INSTITUTION’s temporary workforce. Notwithstanding the foregoing, MAXIM and all staff provided to EDUCATIONAL INSTITUTION hereunder shall comply with confidentiality, medical records and/or other applicable laws and regulations with regard to any and all information directly or indirectly accessed or used by MAXIM and their personnel, including without limitation HIPAA and HITECH. EDUCATIONAL INSTITUTION and MAXIM have acknowledged their understanding of and agreement to the mutual promises written above by executing and delivering this Agreement as of the date set forth above. XXXXXX UNIFIED SCHOOL DISTRICT: MAXIM HEALTHCARE SERVICES, INC., D/B/A MAXIM STAFFING SOLUTIONS: Signature Signature Printed Name & Title Printed Name & Title Date Date ATTACHMENT A Xxxxxx Unified School District STAFFING RATES Staffing Rates Charges will be based on the following hourly rate schedule effective 6 October 2017: Service Weekday Rate Weekend Rate LVN $42 $42 RN $60 $60 Credentialed RN $70 $70 C.N.A./ Health Aide $26 $26 Behavioral Aide/ Behavioral Tech $50 $50 BCBA $115 $115 OT/PT/SLP $75 - 85 $75 - 85 Bilingual SLP $80 - 85 $80 - 85 SLPA/XXXX/PTA $60 – 65 $60 – 65 SPED Teacher/ TDHH/ TVI/ APE $65 - 70 $65 - 70 School Psychologist $90 - 100 $90 - 100 Orientation. Rates listed above will be charged for all time spent in required EDUCATIONAL INSTITUTION orientation. Overtime. Overtime rates are charged for all hours worked in excess of forty (40) per week or according to applicable state law. Overtime must have EDUCATIONAL INSTITUTION supervisory approval. The overtime rate is one and one-half (1.5) times the regular billing rate for such hours. Holidays. Holiday rates will apply to shifts beginning at 11:00 p.m. the night before the holiday through 11:00 p.m. the night of the holiday. Time and one-half will be charged for the following holidays: New Year's Eve (from 3 PM) Thanksgiving Day New Year's Day Labor Day Memorial Day Christmas Eve (from 3 PM) Independence Day Christmas Day Easter XXXXXX UNIFIED SCHOOL DISTRICT: MAXIM ENTITY: Signature Signature Printed Name & Title Printed Name & Title

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of student patient information, to include, without limitation, HIPAA and HITECH. In addition, if necessary, the parties agree to resist any effort to obtain access to such records or information in judicial proceedings, except such access as is expressly permitted by federal/state regulations. To the extent that EDUCATIONAL INSTITUTION SCHOOL may be a “Covered Entity” as defined by HIPAA, and would therefore be subject to applicable requirements, including, but not limited to, requirements to enter into certain contracts with their “business associates,” by HIPAA, the parties acknowledge that a business associate agreement is not needed due to the nature of services provided by MAXIMXXXXX. Specifically, the parties acknowledge that under HIPAA, Personnel provided hereunder are considered part of EDUCATIONAL INSTITUTIONSCHOOL’s workforce and to that end, all Protected Health Information (“PHI”) is created, viewed, used, maintained and otherwise stored and safeguarded in EDUCATIONAL INSTITUTIONSCHOOL’s work environment. The parties further acknowledge that PHI is not exchanged between the parties in order for MAXIM to provide Personnel as part of EDUCATIONAL INSTITUTIONSCHOOL’s temporary workforce. Notwithstanding the foregoing, MAXIM and all staff provided to EDUCATIONAL INSTITUTION SCHOOL hereunder shall comply with confidentiality, medical records and/or other applicable laws and regulations with regard to any and all information directly or indirectly accessed or used by MAXIM and their personnel, including without limitation HIPAA and HITECH. EDUCATIONAL INSTITUTION SCHOOL and MAXIM have acknowledged their understanding of and agreement to the mutual promises written above by executing and delivering this Agreement as of if the date set forth above. XXXXXX UNIFIED SOUTHERN LEHIGH SCHOOL DISTRICT: MAXIM HEALTHCARE SERVICES, INC., D/B/A MAXIM STAFFING SOLUTIONS: Signature Signature Printed Name & Title Printed Name & Title Date Date ATTACHMENT A Xxxxxx Unified Maxim Healthcare Services, Inc. School District STAFFING RATES Staffing Rates For southern lehigh school district Charges will be based on the following hourly rate schedule effective 6 October 201707/21/2016: Service Weekday Rate Weekend Rate LVN $42 $42 RN $60 $60 Credentialed RN $70 $70 C.N.A./ Health Aide $26 $26 Behavioral Aide/ Behavioral Tech Rates. Charges will be based on a rate of $50 per hour for services provided by a LPN, and $50 BCBA $115 $115 OT/PT/SLP $75 - 85 $75 - 85 Bilingual SLP $80 - 85 $80 - 85 SLPA/XXXX/PTA $60 – 65 $60 – 65 SPED Teacher/ TDHH/ TVI/ APE $65 - 70 $65 - 70 School Psychologist $90 - 100 $90 - 100 Orientation55 per hour for services rendered by a RN. Rates listed above Periods of work completed less than one (1) hour will be charged for all time spent in required EDUCATIONAL INSTITUTION orientationcomputed on a pro rata basis to the nearest quarter (1/4) hour. Overtime. Overtime rates are charged for all hours Time worked in excess of forty (40) per week or according to applicable state law. Overtime must have EDUCATIONAL INSTITUTION supervisory approval. The overtime rate is one and one-half (1.5) times the regular billing rate for such hours. Holidays. Holiday rates will apply to shifts beginning at 11:00 p.m. the night before the holiday through 11:00 p.m. the night of the holiday. Time and one-half hourly limit mentioned in this section will be charged for reviewed on a per case basis to determine if the following holidays: New Year's Eve (from 3 PM) Thanksgiving Day New Year's Day Labor Day Memorial Day Christmas Eve (from 3 PM) Independence Day Christmas Day Easter XXXXXX UNIFIED hours worked will be authorized and paid by SCHOOL. SOUTHERN LEHIGH SCHOOL DISTRICT: MAXIM ENTITY: Signature Signature Printed Name & Title Printed Name & Title

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of student patient information, to include, without limitation, HIPAA and HITECH. In addition, if necessary, the parties agree to resist any effort to obtain access to such records or information in judicial proceedings, except such access as is expressly permitted by federal/state regulations. To the extent that EDUCATIONAL INSTITUTION FACILITY may be a “Covered Entity” as defined by HIPAA, and would therefore be subject to applicable requirements, including, but not limited to, requirements to enter into certain contracts with their “business associates,” by HIPAA, the parties acknowledge that a business associate agreement is not needed due to the nature of services provided by MAXIM. Specifically, the parties acknowledge that under HIPAA, Personnel provided hereunder are considered part of EDUCATIONAL INSTITUTIONFACILITY’s workforce and to that end, all Protected Health Information (“PHI”) is created, viewed, used, maintained and otherwise stored and safeguarded in EDUCATIONAL INSTITUTIONFACILITY’s work environment. The parties further acknowledge that PHI is not exchanged between the parties in order for MAXIM to provide Personnel as part of EDUCATIONAL INSTITUTIONFACILITY’s temporary workforce. Notwithstanding the foregoing, MAXIM and all staff provided to EDUCATIONAL INSTITUTION FACILITY hereunder shall comply with confidentiality, medical records and/or other applicable laws and regulations with regard to any and all information directly or indirectly accessed or used by MAXIM and their personnel, including without limitation HIPAA and HITECH. EDUCATIONAL INSTITUTION FACILITY and MAXIM have acknowledged their understanding of and agreement to the mutual promises written above by executing and delivering this Agreement as of the date set forth above. XXXXXX UNIFIED HERMOSA BEACH CITY SCHOOL DISTRICT: MAXIM HEALTHCARE SERVICES, INC., D/B/A MAXIM STAFFING SOLUTIONS: Signature Signature Printed Name & Title Printed Name & Title Date Date ATTACHMENT A Xxxxxx Unified School District MAXIM STAFFING SOLUTIONS FACILITY STAFFING RATES FOR HERMOSA BEACH CITY SCHOOL DISTRICT Charges will be based on the following hourly rate schedule effective 6 October 20177/1/16: Service Weekday Rate Weekend Rate LVN $42 $42 RN $60 $60 Credentialed RN $70 $70 C.N.A./ Health Aide $26 $26 Behavioral Aide/ Behavioral Tech $50 $50 BCBA $115 $115 OT/PT/SLP Per Hour Physical Therapist $75 - $85 Physical Therapy Assistant $65 - $75 Occupational Therapists $75 - $85 Bilingual SLP Occupational Therapy Assistants $65 - $75 Speech Language Pathologists $75 - $90 Speech Language Pathology Assistant $65 - $75 School Psychologist $85 - $100 Special Education Teacher (All Certifications) $65 - $75 Social Worker $60 - $70 Sign Language Interpreter $62 - $72 Education Diagnostician $90 - $105 AAC/ AT $80 - 85 $80 - 85 SLPA/XXXX/PTA $60 – 65 $60 – 65 SPED Teacher/ TDHH/ TVI/ APE $65 - 70 $65 - 70 School Psychologist $90 - 100 School Credentialed Registered Nurse (4-hour minimum) $90 - 100 72-$90 Registered Nurse (4-hour minimum) $72 Licensed Vocational Nurse (4-hour minimum) $38 Para Educator/C.N.A./Health Aide (4-hour minimum) $26 Orientation. Rates listed above will be charged for all time spent in required EDUCATIONAL INSTITUTION FACILITY orientation. Overtime. Overtime rates are charged for all hours worked in excess of forty (40) per week or according to applicable state law. Overtime must have EDUCATIONAL INSTITUTION FACILITY supervisory approval. The overtime rate is one and one-half (1.5) times the regular billing rate for such hours. Holidays. Holiday rates will apply to shifts beginning at 11:00 p.m. the night before the holiday through 11:00 p.m. the night of the holiday. Time and one-half will be charged for the following holidays: New Year's Eve (from 3 PM) Thanksgiving Day New Year's Day Labor Day Memorial Day Christmas Eve (from 3 PM) Independence Day Christmas Day Easter XXXXXX UNIFIED Presidents Day Xxxxxx Xxxxxx Xxxx Day HERMOSA BEACH CITY SCHOOL DISTRICT: MAXIM ENTITYHEALTHCARE SERVICES, INC. D/B/A MAXIM STAFFING SOLUTIONS: Signature Signature Printed Name & Title Printed Name & Title

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of student patient information, to include, without limitation, HIPAA and HITECH. In addition, if necessary, the parties agree to resist any effort to obtain access to such records or information in judicial proceedings, except such access as is expressly permitted by federal/state regulations. To the extent that EDUCATIONAL INSTITUTION SCHOOL may be a “Covered Entity” as defined by HIPAA, and would therefore be subject to applicable requirements, including, but not limited to, requirements to enter into certain contracts with their “business associates,” by HIPAA, the parties acknowledge that a business associate agreement is not needed due to the nature of services provided by MAXIM. Specifically, the parties acknowledge that under HIPAA, Personnel provided hereunder are considered part of EDUCATIONAL INSTITUTIONSCHOOL’s workforce and to that end, all Protected Health Information (“PHI”) is created, viewed, used, maintained and otherwise stored and safeguarded in EDUCATIONAL INSTITUTIONSCHOOL’s work environment. The parties further acknowledge that PHI is not exchanged between the parties in order for MAXIM to provide Personnel as part of EDUCATIONAL INSTITUTIONSCHOOL’s temporary workforce. Notwithstanding the foregoing, MAXIM and all staff provided to EDUCATIONAL INSTITUTION SCHOOL hereunder shall comply with confidentiality, medical records and/or other applicable laws and regulations with regard to any and all information directly or indirectly accessed or used by MAXIM and their personnel, including without limitation HIPAA and HITECH. EDUCATIONAL INSTITUTION SCHOOL and MAXIM have acknowledged their understanding of and agreement to the mutual promises written above by executing and delivering this Agreement as of if the date set forth above. XXXXXX UNIFIED SOUTHERN LEHIGH SCHOOL DISTRICT: MAXIM HEALTHCARE SERVICES, INC., D/B/A MAXIM STAFFING SOLUTIONS: Signature Signature Printed Name & Title Printed Name & Title Date Date ATTACHMENT A Xxxxxx Unified School District MAXIM HEALTHCARE SERVICES, INC. SCHOOL STAFFING RATES FOR SOUTHERN LEHIGH SCHOOL DISTRICT Charges will be based on the following hourly rate schedule effective 6 October 201707/21/2016: Service Weekday Rate Weekend Rate LVN $42 $42 RN $60 $60 Credentialed RN $70 $70 C.N.A./ Health Aide $26 $26 Behavioral Aide/ Behavioral Tech Rates. Charges will be based on a rate of $50 per hour for services provided by a LPN, and $50 BCBA $115 $115 OT/PT/SLP $75 - 85 $75 - 85 Bilingual SLP $80 - 85 $80 - 85 SLPA/XXXX/PTA $60 – 65 $60 – 65 SPED Teacher/ TDHH/ TVI/ APE $65 - 70 $65 - 70 School Psychologist $90 - 100 $90 - 100 Orientation55 per hour for services rendered by a RN. Rates listed above Periods of work completed less than one (1) hour will be charged for all time spent in required EDUCATIONAL INSTITUTION orientationcomputed on a pro rata basis to the nearest quarter (1/4) hour. Overtime. Overtime rates are charged for all hours Time worked in excess of forty (40) per week or according to applicable state law. Overtime must have EDUCATIONAL INSTITUTION supervisory approval. The overtime rate is one and one-half (1.5) times the regular billing rate for such hours. Holidays. Holiday rates will apply to shifts beginning at 11:00 p.m. the night before the holiday through 11:00 p.m. the night of the holiday. Time and one-half hourly limit mentioned in this section will be charged for reviewed on a per case basis to determine if the following holidays: New Year's Eve (from 3 PM) Thanksgiving Day New Year's Day Labor Day Memorial Day Christmas Eve (from 3 PM) Independence Day Christmas Day Easter XXXXXX UNIFIED hours worked will be authorized and paid by SCHOOL. SOUTHERN LEHIGH SCHOOL DISTRICT: MAXIM ENTITY: Signature Signature Printed Name & Title Printed Name & Title

HIPAA/HITECH Obligations. Each party and its respective staff shall comply with all federal and state laws and regulations, and all rules, regulations, and policies of the other party, regarding the confidentiality of student information, to include, without limitation, HIPAA and HITECH. In addition, if necessary, the parties agree to resist any effort to obtain access to such records or information in judicial proceedings, except such access as is expressly permitted by federal/state regulations. To the extent that EDUCATIONAL INSTITUTION may be a “Covered Entity” as defined by HIPAA, and would therefore be subject to applicable requirements, including, but not limited to, requirements to enter into certain contracts with their “business associates,” by HIPAA, the parties acknowledge that a business associate agreement is not needed due to the nature of services provided by MAXIM. Specifically, the parties acknowledge that under HIPAA, Personnel provided hereunder are considered part of EDUCATIONAL INSTITUTION’s workforce and to that end, all Protected Health Information (“PHI”) is created, viewed, used, maintained and otherwise stored and safeguarded in EDUCATIONAL INSTITUTION’s work environment. The parties further acknowledge that PHI is not exchanged between the parties in order for MAXIM to provide Personnel as part of EDUCATIONAL INSTITUTION’s temporary workforce. Notwithstanding the foregoing, MAXIM and all staff provided who provide services to the EDUCATIONAL INSTITUTION hereunder shall comply with confidentiality, medical records and/or other applicable laws and regulations with regard to any and all information directly or indirectly accessed or used by MAXIM and their personnel, including without limitation HIPAA and HITECH. EDUCATIONAL INSTITUTION and MAXIM have acknowledged their understanding of and agreement to the mutual promises written above by executing and delivering this Agreement as of the date set forth above. XXXXXXXX-XXXXXX UNIFIED SCHOOL DISTRICT: MAXIM HEALTHCARE SERVICES, INC., D/B/A MAXIM STAFFING SOLUTIONS: Signature Signature Printed Name & Title Printed Name & Title Date Date ATTACHMENT A Xxxxxx Unified School District MAXIM HEALTHCARE SERVICES STAFFING RATES Charges will be based on the following hourly rate schedule effective 6 October 201720th August 2019: Service Weekday Rate Weekend Rate LVN BCBA Visit $42 375/day BT Visit $42 400/day SLP $75.00/hr OT $75.00/hr PT $75.00/hr LPN $50.00/hr RN $60 $60 Credentialed 60.00/hr ESA RN $70 $70 C.N.A./ 65.00/hr Paraeducator/Health Aide/Behavior Aide $26 $26 Behavioral Aide/ Behavioral Tech $50 $50 BCBA $115 $115 OT42.00/PT/SLP $75 - 85 $75 - 85 Bilingual SLP $80 - 85 $80 - 85 SLPA/XXXX/PTA $60 – 65 $60 – 65 SPED Teacher/ TDHH/ TVI/ APE $65 - 70 $65 - 70 hr School Psychologist $90 85.00 - 100 $90 95.00/hr Sign Language Interpreter/Language Interpreter Services $65.00 - 100 Orientation$75.00/hr Special Education Teacher $70.00 - $75.00/hr Annual Rate Increase. Rates An annual rate increase of 0% will be added to each services type listed above will be charged for all time spent in required EDUCATIONAL INSTITUTION orientation. Overtime. Overtime rates are charged for all hours worked in excess of forty (40) per week or according to applicable state law. Overtime must have EDUCATIONAL INSTITUTION supervisory approval. The overtime rate is one and one-half (1.5) times the regular billing rate for such hours. Holidays. Holiday rates will apply to shifts beginning at 11:00 p.m. the night before the holiday through 11:00 p.m. the night of the holiday. Time and one-half will be charged for the following holidays: New Year's Eve (from 3 PM) Thanksgiving Day New Year's Day Labor Day Memorial Day Christmas Eve (from 3 PM) Independence Day Christmas Day Easter XXXXXX UNIFIED SCHOOL DISTRICT: MAXIM ENTITY: Signature Signature Printed Name & Title Printed Name & Titleevery year on September 1st.