Common use of Privacy and Security Safeguards Clause in Contracts

Privacy and Security Safeguards. 8.1 The County receives funding from DHCS pursuant to an annual contracting arrangement (hereinafter “State Contract”). The State Contract contains certain requirements pertaining to the privacy and security of PI and/or PHI and requires that County contractually obligate any of its sub-contractors to also comply with these requirements. Contractor hereby agrees to be bound by, and comply with, any and all terms and conditions of the State Contract, the applicable standards and requirements of the HIPAA regulations and this Exhibit “I,” pertaining to the privacy and/or security of PI and/or PHI. This include ensuring that all workstations, laptops and removable media devices that process and/or store DHCS PHI or PI must be encrypted using a FIPS 140-2 certified algorithm which is 256bit or higher. A hard copy of the State-County Contract will be provided to the Contractor upon request, and an electronic copy can be found on the BHRS website at xxx.XxxxxXXXX.xxx. 8.2 The County is also required to enter into a contract containing specific requirements with Contractor prior to the disclosure of PHI to the Contractor pursuant to the Health Insurance Portability and Accountability Act of 1996, (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act ('the HITECH Act") and their implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively “the HIPAA Regulations”). 8.2.1 Contractor is the Business Associate of County, acting on County’s behalf, and provides services, arranges, performs or assists in the performance of functions or activities on behalf of County and creates, receives, maintains, transmits, uses or discloses PHI. 8.3 This section is intended to protect the privacy and security of County information, that Contractor may create, receive, access, store, transmit, and/or destroy under this Contract and serves as the Business Associate Agreement Contractor agrees as follows:

Privacy and Security Safeguards. 8.1 The County receives funding from DHCS pursuant to an annual contracting arrangement (hereinafter “State Contract”). The State Contract contains certain requirements pertaining to the privacy and security of PI and/or PHI and requires that County contractually obligate any of its sub-contractors to also comply with these requirements. Contractor hereby agrees to be bound by, and comply with, any and all terms and conditions of the State Contract, the applicable standards and requirements of the HIPAA regulations and this Exhibit “I,” pertaining to the privacy and/or security of PI and/or PHI. This include ensuring that all workstations, laptops and removable media devices that process and/or store DHCS PHI or PI must be encrypted using a FIPS 140-2 certified algorithm which is 256bit or higher. A hard copy of the State-County Contract will be provided to the Contractor upon request, and an electronic copy can be found on the BHRS website at xxx.XxxxxXXXX.xxx. 8.2 The County is also required to enter into a contract containing specific requirements with Contractor prior to the disclosure of PHI to the Contractor pursuant to the Health Insurance Portability and Accountability Act of 1996, (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act ('the HITECH Act") and their implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively “the HIPAA Regulations”). 8.2.1 Contractor is the Business Associate of County, acting on County’s behalf, and provides services, arranges, performs or assists in the performance of functions or activities on behalf of County and creates, receives, maintains, transmits, uses or discloses PHI. 8.3 This section is intended to protect the privacy and security of County information, that Contractor may create, receive, access, store, transmit, and/or destroy under this Contract and serves as the Business Associate Agreement Contract. Contractor agrees as follows: