Obligations Relating to MCD. The Parties understand and acknowledge that this Section 2.5 only applies if a party shall be given access to MCD from the other party pursuant to the Underlying Contract. The Federal Center for Medicare and Medicaid Services (CMS) requires that all contracts and/or agreements executed between the Department of Health and any second party that will receive MCD must include contract language that will bind such parties to ensure that contractor(s)/business associates abide by the regulations and laws that govern the protection of individual, Medicaid confidential level data. This requires that the parties include the following language in this contract and all future contracts that will govern the receipt and release of such confidential data: (a) Section 367-b(4) of the NY Social Services Law (b) New York State Social Services Law Section 369 (4) (c) Article 27-F of the New York Public Health Law and 18 NYCRR 360-8.1 (d) Social Security Act, 42 USC 1396a (a)(7) (e) Federal regulations at 42 CFR 431.302, 42 CFR Part 2 (f) The Health Insurance Portability and Accountability Act (HIPAA), and HITECH at 45 CFR Parts 160 and 164
Appears in 4 contracts
Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement
Obligations Relating to MCD. The Parties understand and acknowledge that this Section 2.5 2.4 only applies if a party Business Associate shall be given access to MCD from Participant in the other party course of providing services to Covered Entity pursuant to the Underlying Contract. The Federal Center for Medicare and Medicaid Services (CMS) requires that all contracts and/or agreements executed between the Department of Health and any second party that will receive MCD must include contract language that will bind such parties to ensure that contractor(s)/business associates abide by the regulations and laws that govern the protection of individual, Medicaid confidential level data. This notification requires that the parties you include the following language in this contract and all future contracts that will govern the receipt and release of such confidential data:
(a) Section 367-b(4) of the NY Social Services Law
(b) New York State Social Services Law Section 369 (4)
(c) Article 27-F of the New York Public Health Law and 18 NYCRR 360-8.1
(d) Social Security Act, 42 USC 1396a (a)(7) (e) Federal regulations at 42 CFR 431.302, 42 CFR Part 2
(f) The Health Insurance Portability and Accountability Act (HIPAA), and HITECH at 45 CFR Parts 160 and 164
Appears in 3 contracts
Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement