Common use of Maintenance of Confidential Information Clause in Contracts

Maintenance of Confidential Information. The Parties will respect and observe the confidential nature of all information which may come to either or all of them, individually or collectively, with respect to any records of clients, patients, or residents of any Texas HHS facility. Participants are members of the Texas HHS facility’s workforce for purposes of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d- 8 (“HIPAA”) and, therefore, may have access to patient medical information as provided for in the privacy rule of HIPAA. This Section applies solely to HIPAA privacy and security regulations applicable to DSHS and does not establish an employment relationship. To the extent applicable, the Parties will comply with the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH ACT”), and HIPAA and any current and future regulations promulgated under either the HITECH Act or HIPAA, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the “Federal Security Regulations”), and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as “HIPAA Requirements.” The Parties will not use or disclose any Protected Health Information (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of the MOA. Participants with direct access to DSHS information resources must execute the HHS Acceptable Use Agreement attached to Exhibit A of this MOA as Attachment A-3 and comply with the HHS Acceptable Use Policy.

Maintenance of Confidential Information. The Parties will respect and observe the confidential nature of all information which may come to either or all of them, individually or collectively, with respect to any records of clients, patients, or residents of any Texas HHS facility. Participants are members of the Texas HHS facility’s workforce for purposes of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d- 8 d-8 (“HIPAA”) and, therefore, may have access to patient medical information as provided for in the privacy rule of HIPAA. This Section applies solely to HIPAA privacy and security regulations applicable to DSHS TX HHS and does not establish an employment relationship. To the extent applicable, the Parties will comply with the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH ACT”), and HIPAA and any current and future regulations promulgated under either the HITECH Act or HIPAA, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the “Federal Security Regulations”), and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as “HIPAA Requirements.” The Parties will not use or disclose any Protected Health Information (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of the MOAContract. Participants with direct access to DSHS TX HHS information resources must execute the HHS Acceptable Use Agreement attached to Exhibit A of this MOA as Attachment A-3 to the Supplement to the Contract (Form attached as Attachment E) and comply with the HHS Acceptable Use Policy.

Maintenance of Confidential Information. The Parties will respect and observe the confidential nature of all information which may come to either or all of them, individually or collectively, with respect to any records of clients, patients, or residents of any Texas HHS facility. Participants are members of the Texas HHS facility’s workforce for purposes of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d- 8 d-8 (“HIPAA”) and, therefore, may have access to patient medical information as provided for in the privacy rule of HIPAA. This Section applies solely to HIPAA privacy and security regulations applicable to DSHS TX HHS and does not establish an employment relationship. To the extent applicable, the Parties will comply with the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH ACT”), and HIPAA and any current and future regulations promulgated under either the HITECH Act or HIPAA, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the “Federal Security Regulations”), and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as “HIPAA Requirements.” The Parties will not use or disclose any Protected Health Information (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of the MOAContract. Participants with direct access to DSHS TX HHS information resources must execute the HHS Acceptable Use Agreement attached to Exhibit A of this MOA as Attachment A-3 E to the Contract and comply with the HHS Acceptable Use Policy.

Maintenance of Confidential Information. The Parties will respect and observe the confidential nature of all information which may come to either or all of them, individually or collectively, with respect to any records of clients, patients, or residents of any Texas HHS facility. Participants are members of the Texas HHS facility’s workforce for purposes of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d- 8 (“HIPAA”) and, therefore, may have access to patient medical information as provided for in the privacy rule of HIPAA. This Section applies solely to HIPAA privacy and security regulations applicable to DSHS TX HHS and does not establish an employment relationship. To the extent applicable, the Parties will comply with the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH ACT”), and HIPAA and any current and future regulations promulgated under either the HITECH Act or HIPAA, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the “Federal Security Regulations”), and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as “HIPAA Requirements.” The Parties will not use or disclose any Protected Health Information (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of the MOA. Participants with direct access to DSHS TX HHS information resources must execute the HHS Acceptable Use Agreement attached to Exhibit A of this MOA as Attachment A-3 to the Supplement to the MOA (Form attached as Exhibit A) and comply with the HHS Acceptable Use Policy.

Maintenance of Confidential Information. The Parties will respect and observe the confidential nature of all information which may come to either or all of them, individually or collectively, with respect to any records of clients, patients, or residents of any Texas HHS facility. Participants are members of the Texas HHS facility’s workforce for purposes of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d- 8 d-8 (“HIPAA”) and, therefore, may have access to patient medical information as provided for in the privacy rule of HIPAA. This Section applies solely to HIPAA privacy and security regulations applicable to DSHS TX HHS and does not establish an employment relationship. To the extent applicable, the Parties will comply with the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH ACT”), and HIPAA and any current and future regulations promulgated under either the HITECH Act or HIPAA, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the “Federal Security Regulations”), and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as “HIPAA Requirements.” The Parties will not use or disclose any Protected Health Information (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of the MOAContract. Participants with direct access to DSHS TX HHS information resources must execute the HHS Acceptable Use Agreement attached to Exhibit A of this MOA as Attachment A-3 to the Supplement to the Contract (Form attached as Exhibit A) and comply with the HHS Acceptable Use Policy.

Maintenance of Confidential Information. The Parties will respect and observe the confidential nature of all information which may come to either or all of them, individually or collectively, with respect to any records of clients, patients, or residents of any Texas HHS facility. Participants are members of the Texas HHS facility’s workforce for purposes of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC § 1320d through d- 8 d-8 (“HIPAA”) and, therefore, may have access to patient medical information as provided for in the privacy rule of HIPAA. This Section applies solely to HIPAA privacy and security regulations applicable to DSHS TX HHS and does not establish an employment relationship. To the extent applicable, the Parties will comply with the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH ACT”), and HIPAA and any current and future regulations promulgated under either the HITECH Act or HIPAA, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164 (the “Federal Security Regulations”), and the federal standards for electronic transactions, all as may be amended from time to time, and all collectively referred to herein as “HIPAA Requirements.” The Parties will not use or disclose any Protected Health Information (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of the MOAContract. Participants with direct access to DSHS TX HHS information resources must execute the HHS Acceptable Use Agreement attached to Exhibit A of this MOA as Attachment A-3 to the Supplement to the Contract (Form attached as Exhibit A) and comply with the HHS Acceptable Use Policy. FAMILY EDUCATION RIGHTS AND PRIVACY ACT The Parties will comply with all applicable provisions of all federal and state laws and regulations, including any applicable Executive Orders, applicable to the operation of any Texas HHS facility and the Practicum, including, without limitation, employment-related statutes and education-related statutes such as the Family Education Rights and Privacy Act (“FERPA”). Any exchange by the Parties of student record information protected by XXXXX will commit the receiving Party to limit the use of such information to the purposes for which the disclosure was made, and to impose such limits on any re-disclosure, and the Parties will comply with all applicable statutory and regulatory provisions, including, without limitation 34 CFR 99.31, 99.32, 99.33, 99.34, and 99.35. The Parties will not deny or discriminate on the basis of any legally protected criteria in the provision of any service or benefit, including, without limitation, access to the Practicum or use of any TX HHS facility.