Participant Records. The Contractor shall have a system for maintaining participant records and policies and procedures that ensure compliance with the following requirements. Confidentiality of Records and HIPAA Requirements The Contractor shall implement specific procedures to assure the security and confidentiality of health and medical records and of other personal information about participants, in accordance with Wis. Stats. Chapter 49, Subchapter IV; Wis. Admin. Code § DHS 108.01; 42 C.F.R. Part 431, Subpart F; 42 C.F.R. Part 438; 45 C.F.R. Parts 160,162, and164; the Health Insurance Portability and Accountability Act (HIPAA); and any other confidentiality law to the extent applicable. Duty of Non-Disclosure and Security Precautions The Contractor shall protect and secure all confidential information and shall not use any confidential information for any purpose other than to meet its obligations under this contract. The Contractor shall hold all confidential information in confidence, and not disclose such confidential information to any persons other than those directors, officers, employees, agents, subcontractors, and providers who require such confidential information to fulfill the Contractor’s obligations under this contract. The Contractor shall institute and maintain procedures, including the use of any necessary technology, which are necessary to maintain the confidentiality of all confidential information. The Contractor shall be responsible for the breach of this contract and subsequent contract in the event any of the Contractor’s directors, officers, employees, or agents fail to properly maintain any confidential information. Limitations on Obligations The Contractor’s obligation to maintain the confidentiality of confidential information shall not apply to the extent that the Contractor can demonstrate that such information: Is required to be disclosed pursuant to a legal obligation in any administrative, regulatory, or judicial proceeding. In this event, the Contractor shall promptly notify the Department of its obligation to disclose the confidential information (unless it has a legal obligation to the contrary) so that the Department may seek a protective order or other appropriate remedy. In the event that such protective order is not obtained, the Contractor shall furnish only that portion of the confidential information that is legally required and shall disclose it in a manner designed to preserve its confidential nature to the extent possible. Notification to the Department would not include routine subpoenas issued with record requests unless said subpoena extends beyond the standard documentation requested from said entity. Is part of the public domain without any breach of this contract by the Contractor; Is or becomes generally known on a non-confidential basis, through no wrongful act of the Contractor; Was known by the Contractor prior to disclosure hereunder without any obligation to keep it confidential; Was disclosed to it by a third party which, to the best of the Contractor’s knowledge, is not required to maintain its confidentiality; Was independently developed by the Contractor; Is the subject of a written agreement whereby the Department consents to the disclosure of such confidential information by the Contractor on a non-confidential basis; or Was a permitted use or disclosure, in accordance with Wis. Stat. Chapter 49, Subchapter IV; Wis. Admin. Code § DHS 108.01; 42 C.F.R. 431, Subpart F; 42 C.F.R. 438; 45 C.F.R. 160; 45 C.F.R. 162; and 45 C.F.R. 164 or other applicable confidentiality laws. Unauthorized Use, Disclosure, or Loss If the Contractor becomes aware of any threatened or actual use or disclosure of any confidential information that is not specifically authorized by this contract, or if any confidential information is lost or cannot be accounted for, the Contractor shall notify the Department and the Privacy Officer in the Department’s Office of Legal Counsel within one day of the Contractor becoming aware of such use, disclosure or loss. The notice shall include, to the best of the Contractor’s understanding, the persons affected, their identities, and the confidential information that was disclosed. The Contractor shall take immediate steps to mitigate any harmful effects of the unauthorized use, disclosure, or loss. The Contractor shall reasonably cooperate with the Department’s efforts, if any, to seek appropriate injunctive relief or otherwise prevent or curtail such threatened or actual breach, or to recover its confidential information, including complying with the following measures, which may be directed by the Department, at its sole discretion: Notifying the affected individuals by mail or the method previously used by the Department to communicate with the individual. If the Contractor cannot with reasonable diligence determine the mailing address of the affected individual and the Department has not previously contacted that individual, the Contractor shall provide notice by a method reasonably calculated to provide actual notice; Notify consumer reporting agencies of the unauthorized release; Offer credit monitoring and identity theft insurance to affected individuals from a company, and under terms, acceptable to the Department for one year from the date the individual enrolls in credit monitoring; Provide a customer service or hotline to receive telephone calls and provide assistance and information to affected individuals during hours that meet the needs of the affected individuals, as determined by the Department; and
Appears in 4 contracts
Samples: Iris Provider Agreement, Iris Provider Agreement, Iris Provider Agreement
Participant Records. The Contractor shall have a system for maintaining participant records and policies and procedures that ensure compliance with the following requirements. Confidentiality of Records and HIPAA Requirements The Contractor shall implement specific procedures to assure the security and confidentiality of health and medical records and of other personal information about participants, in accordance with Wis. Stats. Chapter 49, Subchapter IV; Wis. Admin. Code § DHS 108.01; 42 C.F.R. Part 431, Subpart F; 42 C.F.R. Part 438; 45 C.F.R. Parts 160,162, and164; the Health Insurance Portability and Accountability Act (HIPAA); and any other confidentiality law to the extent applicable. Duty of Non-Disclosure and Security Precautions The Contractor shall protect and secure all confidential information and shall not use any confidential information for any purpose other than to meet its obligations under this contract. The Contractor shall hold all confidential information in confidence, and not disclose such confidential information to any persons other than those directors, officers, employees, agents, subcontractors, and providers who require such confidential information to fulfill the Contractor’s obligations under this contract. The Contractor shall institute and maintain procedures, including the use of any necessary technology, which are necessary to maintain the confidentiality of all confidential information. The Contractor shall be responsible for the breach of this contract and subsequent contract in the event any of the Contractor’s directors, officers, employees, or agents fail to properly maintain any confidential information. Limitations on Obligations The Contractor’s obligation to maintain the confidentiality of confidential information shall not apply to the extent that the Contractor can demonstrate that such information: Is required to be disclosed pursuant to a legal obligation in any administrative, regulatory, or judicial proceeding. In this event, the Contractor shall promptly notify the Department of its obligation to disclose the confidential information (unless it has a legal obligation to the contrary) so that the Department may seek a protective order or other appropriate remedy. In the event that such protective order is not obtained, the Contractor shall furnish only that portion of the confidential information that is legally required and shall disclose it in a manner designed to preserve its confidential nature to the extent possible. Notification to the Department would not include routine subpoenas issued with record requests unless said subpoena extends beyond the standard documentation requested from said entity. Is part of the public domain without any breach of this contract by the Contractor; Is or becomes generally known on a non-confidential basis, through no wrongful act of the Contractor; Was known by the Contractor prior to disclosure hereunder without any obligation to keep it confidential; Was disclosed to it by a third party which, to the best of the Contractor’s knowledge, is not required to maintain its confidentiality; Was independently developed by the Contractor; Is the subject of a written agreement whereby the Department consents to the disclosure of such confidential information by the Contractor on a non-confidential basis; or Was a permitted use or disclosure, in accordance with Wis. Stat. Chapter 49, Subchapter IV; Wis. Admin. Code § DHS 108.01; 42 C.F.R. 431, Subpart F; 42 C.F.R. 438; 45 C.F.R. 160; 45 C.F.R. 162; and 45 C.F.R. 164 or other applicable confidentiality laws. Unauthorized Use, Disclosure, or Loss If the Contractor becomes aware of any threatened or actual use or disclosure of any confidential information that is not specifically authorized by this contract, or if any confidential information is lost or cannot be accounted for, the Contractor shall notify the Department and the Privacy Officer in the Department’s Office of Legal Counsel within one day of the Contractor becoming aware of such use, disclosure or loss. The notice shall include, to the best of the Contractor’s understanding, the persons affected, their identities, and the confidential information that was disclosed. The Contractor shall take immediate steps to mitigate any harmful effects of the unauthorized use, disclosure, or loss. The Contractor shall reasonably cooperate with the Department’s efforts, if any, to seek appropriate injunctive relief or otherwise prevent or curtail such threatened or actual breach, or to recover its confidential information, including complying with the following measures, which may be directed by the Department, at its sole discretion: Notifying the affected individuals by mail or the method previously used by the Department to communicate with the individual. If the Contractor cannot with reasonable diligence determine the mailing address of the affected individual and the Department has not previously contacted that individual, the Contractor shall provide notice by a method reasonably calculated to provide actual notice; Notify consumer reporting agencies of the unauthorized release; Offer credit monitoring and identity theft insurance to affected individuals from a company, and under terms, acceptable to the Department for one year from the date the individual enrolls in credit monitoring; Provide a customer service or hotline to receive telephone calls and provide assistance and information to affected individuals during hours that meet the needs of the affected individuals, as determined by the Department; and
Appears in 2 contracts
