Common use of Privacy, Security and Breach Notification Clause in Contracts

Privacy, Security and Breach Notification. (a) Confidential Information in an unauthorized manner which compromises the security or privacy of the Confidential Information. electronically stored or transmitted, or in any other form) provided to or made available to the MA Dual SNP electronically or through any other means that consists of or includes any of all of the following: (1) Dual Eligible Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (as these terms are defined in 45 C.F.R. §160.103); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. (4) Federal Tax Information (as defined in Internal Revenue Service Publication 1075); (5) Personal Identifying Information (as defined in Texas Business and Commerce Code Chapter 521); (6) Social Security Administration Data, (defined as information received from a Social Security Administration federal agency system of records), including, without limitation, Medicare or Medicaid information (defined as information relating to an applicant or recipient of Medicare or Medicaid benefits); (7) Substance Use Disorder Treatment Records as defined in 42 C.F.R. Part 2.; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. (b) Any HHS Confidential Information received by the MA Dual SNP under this Agreement may be disclosed only in accordance with applicable law and as authorized in this Agreement. By signing this Agreement, the MA Dual SNP certifies that the MA Dual SNP is, and intends to remain for the term of this Agreement, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification, including without limitation, the following: (1) Title 5 United States Code (USC) Part I, Chapter 5, Subchapter II, Section552a, Records Maintained on Individuals, The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988; (2) Title 26 USC, Internal Revenue Code; (3) Title 42 USC Chapter 7, Subchapter XI, Part C, Administrative Simplification, the relevant portions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA); (4) Title 42 USC Chapter 7, the relevant portions of the Social Security Act; (5) Title 42 USC Chapter I, Subchapter A, Part 2, Confidentiality of Substance Use Disorder Patient Records; (6) Title 45 Code of Federal Regulations (CFR) Chapter A, Subchapter C, Part 160, General Administrative Requirements; (7) Title 45 CFR Chapter A Subchapter C, Part 164, Security and Privacy; (8) Internal Revenue Service Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies, Safeguards for Protecting Federal Tax Returns and Return Information; (9) Office of Management and Budget Memorandum 17-12, Preparing for and Responding to a Breach of Personally Identifiable Information; (10) Texas Business and Commerce Code Title 11, Subtitle B, Chapter 521 Unauthorized Use of Identifying Information; (11) Texas Government Code, Title, 5, Subtitle A, Chapter 552, Public Information, as applicable; (12) Texas Health and Safety Code, Title 2, Subtitle D, Chapter 81, Section 81.006, Funds; (13) Texas Health and Safety Code Title 2, Subtitle I, Chapter 181, Medical Records Privacy; (14) Texas Health and Safety Code Title 7, Subtitle E, Chapter 611, Mental Health Records; (15) Texas Human Resources Code, Title 2, Subtitle A, Chapter 12, Section 12.003, Disclosure of Information Prohibited; (16) Texas Occupations Code, Title 3, Health Professions, as applicable; (17) Constitutional and common law privacy; and (18) Any other applicable law controlling the release of information created or obtained in the course of providing the services described in this Agreement. (19) The MA Dual SNP further agrees that the MA Dual SNP will comply with all amendments, regulations, and guidance relating to those laws, to the extent applicable.

Privacy, Security and Breach Notification. (a) Confidential Information in an unauthorized manner which compromises the security or privacy of the Confidential Information. electronically stored or transmitted, or in any other form) provided to or made available to the MA Dual SNP Health Plan electronically or through any other means that consists of or includes any of all of the following: (1) Dual Eligible Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (as these terms are defined in 45 C.F.R. §160.103);. (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch.. 521; (4) Federal Tax Information (as defined in Internal Revenue Service Publication 1075); (5) Personal Identifying Information (as defined in Texas Business and Commerce Code Chapter 521); (6) Social Security Administration Data, Data (defined as information received from a Social Security Administration federal agency system of records), including, without limitation, Medicare or Medicaid information (defined as information relating to an applicant or recipient of Medicare or Medicaid benefits); (7) Substance Use Disorder Treatment Records as defined in 42 C.F.R. Part 2.; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. (b) Any HHS Confidential Information received by the MA Dual SNP Health Plan under this Agreement may be disclosed only in accordance with applicable law and as authorized in this Agreement. By signing this Agreement, the MA Dual SNP Heath Plan certifies that the MA Dual SNP Health Plan is, and intends to remain for the term of this Agreement, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification, including without limitation, the following: (1) Title 5 United States Code (USC) Part I, Chapter 5, Subchapter II, Section552a, Records Maintained on Individuals, The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988; (2) Title 26 USC, Internal Revenue Code; (3) Title 42 USC Chapter 7, Subchapter XI, Part C, Administrative Simplification, the relevant portions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA); (4) Title 42 USC Chapter 7, the relevant portions of the Social Security Act; (5) Title 42 USC Chapter I, Subchapter A, Part 2, Confidentiality of Substance Use Disorder Patient Records; (6) Title 45 Code of Federal Regulations (CFR) Chapter A, Subchapter C, Part 160, General Administrative Requirements; (7) Title 45 CFR Chapter A Subchapter C, Part 164, Security and Privacy; (8) Internal Revenue Service Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies, Safeguards for Protecting Federal Tax Returns and Return Information; (9) Office of Management and Budget Memorandum 17-12, Preparing for and Responding to a Breach of Personally Identifiable Information; (10) Texas Business and Commerce Code Title 11, Subtitle B, Chapter 521 Unauthorized Use of Identifying Information; (11) Texas Government Code, Title, 5, Subtitle A, Chapter 552, Public Information, as applicable; (12) Texas Health and Safety Code, Title 2, Subtitle D, Chapter 81, Section 81.006, Funds;. (13) Texas Health and Safety Code Title 2, Subtitle I, Chapter 181, Medical Records Privacy; (14) Texas Health and Safety Code Title 7, Subtitle E, Chapter 611, Mental Health Records; (15) Texas Human Resources Code, Title 2, Subtitle A, Chapter 12, Section 12.003, Disclosure of Information Prohibited; (16) Texas Occupations Code, Title 3, Health Professions, as applicable; (17) Constitutional and common law privacy; and (18) Any other applicable law controlling the release of information created or obtained in the course of providing the services described in this Agreement. (19) The MA Dual SNP Health Plan further agrees that the MA Dual SNP Health Plan will comply with all amendments, regulations, and guidance relating to those laws, to the extent applicable.

Privacy, Security and Breach Notification. (a) Confidential Information in an unauthorized manner which compromises the security or privacy of the Confidential Information. . (b) electronically stored or transmitted, or in any other form) provided to or made available to the MA Dual SNP electronically or through any other means that consists of or includes any of all of the following: (1) Dual Eligible Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (as these terms are defined in 45 C.F.R. §160.103); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. (4) Federal Tax Information (as defined in Internal Revenue Service Publication 1075); (5) Personal Identifying Information (as defined in Texas Business and Commerce Code Chapter 521); (6) Social Security Administration Data, (defined as information received from a Social Security Administration federal agency system of records), including, without limitation, Medicare or Medicaid information (defined as information relating to an applicant or recipient of Medicare or Medicaid benefits); (7) Substance Use Disorder Treatment Records as defined in 42 C.F.R. Part 2.; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. (bc) Any HHS Confidential Information received by the MA Dual SNP under this Agreement may be disclosed only in accordance with applicable law and as authorized in this Agreement. By signing this Agreement, the MA Dual SNP certifies that the MA Dual SNP is, and intends to remain for the term of this Agreement, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification, including without limitation, the following: (1) Title 5 United States Code (USC) Part I, Chapter 5, Subchapter II, Section552a, Records Maintained on Individuals, The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988; (2) Title 26 USC, Internal Revenue Code; (3) Title 42 USC Chapter 7, Subchapter XI, Part C, Administrative Simplification, the relevant portions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA); (4) Title 42 USC Chapter 7, the relevant portions of the Social Security Act; (5) Title 42 USC Chapter I, Subchapter A, Part 2, Confidentiality of Substance Use Disorder Patient Records; (6) Title 45 Code of Federal Regulations (CFR) Chapter A, Subchapter C, Part 160, General Administrative Requirements; (7) Title 45 CFR Chapter A Subchapter C, Part 164, Security and Privacy; (8) Internal Revenue Service Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies, Safeguards for Protecting Federal Tax Returns and Return Information; (9) Office of Management and Budget Memorandum 17-12, Preparing for and Responding to a Breach of Personally Identifiable Information; (10) Texas Business and Commerce Code Title 11, Subtitle B, Chapter 521 Unauthorized Use of Identifying Information; (11) Texas Government Code, Title, 5, Subtitle A, Chapter 552, Public Information, as applicable; (12) Texas Health and Safety Code, Title 2, Subtitle D, Chapter 81, Section 81.006, Funds; (13) Texas Health and Safety Code Title 2, Subtitle I, Chapter 181, Medical Records Privacy; (14) Texas Health and Safety Code Title 7, Subtitle E, Chapter 611, Mental Health Records; (15) Texas Human Resources Code, Title 2, Subtitle A, Chapter 12, Section 12.003, Disclosure of Information Prohibited; (16) Texas Occupations Code, Title 3, Health Professions, as applicable; (17) Constitutional and common law privacy; and (18) Any other applicable law controlling the release of information created or obtained in the course of providing the services described in this Agreement. (19) The MA Dual SNP further agrees that the MA Dual SNP will comply with all amendments, regulations, and guidance relating to those laws, to the extent applicable.

Privacy, Security and Breach Notification. (a) Confidential Information in an unauthorized manner which compromises the security or privacy of the Confidential Information. electronically stored or transmitted, or in any other form) provided to or made available to the MA Dual SNP electronically or through any other means that consists of or includes any of all of the following: (1) Dual Eligible Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (as these terms are defined in 45 C.F.R. §160.103); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch.. 521; (4) Federal Tax Information (as defined in Internal Revenue Service Publication 1075); (5) Personal Identifying Information (as defined in Texas Business and Commerce Code Chapter 521); (6) Social Security Administration Data, (defined as information received from a Social Security Administration federal agency system of records), including, without limitation, Medicare or Medicaid information (defined as information relating to an applicant or recipient of Medicare or Medicaid benefits); (7) Substance Use Disorder Treatment Records as defined in 42 C.F.R. Part 2.; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. (b) Any HHS Confidential Information received by the MA Dual SNP under this Agreement may be disclosed only in accordance with applicable law and as authorized in this Agreement. By signing this Agreement, the MA Dual SNP certifies that the MA Dual SNP is, and intends to remain for the term of this Agreement, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification, including without limitation, the following: (1) Title 5 United States Code (USC) Part I, Chapter 5, Subchapter II, Section552a, Records Maintained on Individuals, The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988; (2) Title 26 USC, Internal Revenue Code; (3) Title 42 USC Chapter 7, Subchapter XI, Part C, Administrative Simplification, the relevant portions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA); (4) Title 42 USC Chapter 7, the relevant portions of the Social Security Act; (5) Title 42 USC Chapter I, Subchapter A, Part 2, Confidentiality of Substance Use Disorder Patient Records; (6) Title 45 Code of Federal Regulations (CFR) Chapter A, Subchapter C, Part 160, General Administrative Requirements; (7) Title 45 CFR Chapter A Subchapter C, Part 164, Security and Privacy; (8) Internal Revenue Service Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies, Safeguards for Protecting Federal Tax Returns and Return Information; (9) Office of Management and Budget Memorandum 17-12, Preparing for and Responding to a Breach of Personally Identifiable Information; (10) Texas Business and Commerce Code Title 11, Subtitle B, Chapter 521 Unauthorized Use of Identifying Information; (11) Texas Government Code, Title, 5, Subtitle A, Chapter 552, Public Information, as applicable; (12) Texas Health and Safety Code, Title 2, Subtitle D, Chapter 81, Section 81.006, Funds; (13) Texas Health and Safety Code Title 2, Subtitle I, Chapter 181, Medical Records Privacy; (14) Texas Health and Safety Code Title 7, Subtitle E, Chapter 611, Mental Health Records; (15) Texas Human Resources Code, Title 2, Subtitle A, Chapter 12, Section 12.003, Disclosure of Information Prohibited; (16) Texas Occupations Code, Title 3, Health Professions, as applicable; (17) Constitutional and common law privacy; and (18) Any other applicable law controlling the release of information created or obtained in the course of providing the services described in this Agreement. (19) The MA Dual SNP further agrees that the MA Dual SNP will comply with all amendments, regulations, and guidance relating to those laws, to the extent applicable.