RECORDS, DOCUMENTS AND INFORMATION. A. The MCP agrees that all records, documents, writings, or other information produced by the MCP under this Agreement and all records, documents, writings, or other information used by the MCP in the performance of this Agreement shall be treated in accordance with OAC rule 5160-26-06 and shall be provided to ODM, or its designee, if requested. This includes all records, documents, writings, or other information used by any subcontractors and other delegated entities who have an arrangement for performance under the Agreement which shall also be provided to ODM upon request. The MCP shall maintain an appropriate record system for services provided to members. The MCP shall retain all records in accordance with 42 CFR 438.3(u) and comply with the audit and inspection rights of those records in accordance with 42 CFR 438.3(h). The MCP acknowledges that these records, including those of any subcontractors and other delegated entities, may be a part of any audit conducted by the Auditor of the State of Ohio per ORC Chapter 117.
B. All information provided by the MCP to ODM that is proprietary shall be held to be confidential by ODM. Proprietary information is information which: (a) if made public, would put the MCP at a disadvantage in the market place and trade of which the MCP is a part, and (b) meets the definition of “trade secret” as defined in ORC section 1333.61(D). The MCP agrees to expressly indicate by marking the top or bottom of each individual record containing information the MCP deems proprietary, regardless of media type (CD-ROM, Excel file etc.), prior to its release to ODM, unless otherwise specified by ODM. Unless otherwise specified by ODM, a record not so expressly indicated by the MCP as proprietary shall not be held confidential and the MCP waives any claim that the record is proprietary. Upon request from ODM, the MCP agrees to promptly notify ODM in writing of the nature of the proprietary information including all reasonable evidence regarding the nature of the proprietary information in records submitted to ODM, and specifically identify the proprietary information contained in each individual record. ODM will not share or otherwise disclose proprietary information received from the MCP to any third party without the express written authorization of the MCP, except that ODM shall be permitted to share proprietary information with the Ohio Auditor of State, the Ohio Attorney General, the Ohio Medicaid Fraud Control Unit, or contracte...
RECORDS, DOCUMENTS AND INFORMATION. GRANTEE agrees that all records, documents, writings, and other information, created or used pursuant to this Agreement will be treated according to the following terms, and that the terms will be included in any subgrant agreements executed for the performance of Activities relative to this Agreement:
A. [PUBLIC UNIVERSITY] ODJFS agrees that any documents, reports, data, photographs (including negatives), electronic reports and records, and other media produced under this Agreement or with funds provided by this Subgrant will become the property of SUBGRANTEE, which will have the unrestricted right to reproduce, distribute, modify, maintain and use in any way it deems appropriate. However, ODJFS is hereby granted a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, modify, distribute, or otherwise use, and to authorize others to use for state or federal purposes:
1. The copyright in any work developed in whole or part with funds provided pursuant to this Subgrant; and
2. Any rights of copyright SUBGRANTEE purchases in whole or part with funds provided pursuant to this Subgrant. SUBGRANTEE also agrees that all materials and items produced under this Agreement will be made freely available to the general public unless ODJFS determines that, pursuant to federal and state laws, such materials are confidential.
A. GRANTEE agrees that any media produced pursuant to this Agreement or acquired with Grant funds will become the property of ODJFS. This includes all documents, reports, data, photographs (including negatives), and electronic reports and records. ODJFS will maintain the unrestricted right to reproduce, distribute, modify, maintain, and use the media in any way ODJFS deems appropriate. GRANTEE further agrees not to seek or obtain copyright, patent or other proprietary protection for any materials or items produced under this Agreement. GRANTEE understands that all materials and items produced under this Agreement will be made freely available to the public unless ODJFS determines that certain materials are confidential under federal or state law.
B. All ODJFS information that is classified as public or private under Ohio law and ODJFS rules will be treated as such by GRANTEE. Should the nature of any information be in question, ODJFS will determine whether the information is public or private. GRANTEE will restrict the use of any information, systems, or records ODJFS provides to the specific Grant activities of this Agreement. G...
RECORDS, DOCUMENTS AND INFORMATION. A. MCP agrees that all records, documents, writings or other information produced by MCP under this provider agreement and all records, documents, writings or other information used by MCP in the performance of this provider agreement shall be treated in accordance with rule 5101:3-26-06 of the Ohio Administrative Code. MCP must maintain an appropriate record system for services provided to members. MCP must retain all records in accordance with 45 CFR 74.
B. All information provided by MCP to ODJFS that is proprietary shall be held to be strictly confidential by ODJFS. Proprietary information is information which, if made public, would put MCP at a disadvantage in the market place and trade of which MCP is a part [see Ohio Revised Code Section 1333.61(D)]. MCP is responsible for notifying ODJFS of the nature of the information prior to its release to ODJFS. ODJFS reserves the right to require reasonable evidence of MCP's assertion of the proprietary nature of any information to be provided and ODJFS will make the final determination of whether this assertion is supported. The provisions of this Article are not self-executing.
C. MCP shall not use any information, systems, or records made available to it for any purpose other than to fulfill the duties specified in this provider agreement. MCP agrees to be bound by the same standards of confidentiality that apply to the employees of the ODJFS and the State of Ohio. The terms of this section shall be included in any subcontracts executed by MCP for services under this provider agreement. MCP must implement procedures to ensure that in the process of coordinating care, each enrollee's privacy is protected consistent with the confidentiality requirements in 45 CFR parts 160 and 164.
RECORDS, DOCUMENTS AND INFORMATION. XXXXXXXXXX agrees that all records, documents, writings, or other information, whatever their form, produced by CONTRACTOR under this Contract, and all records, documents, writings, or other information used by CONTRACTOR in the performance of this Contract are treated according to the following terms:
A. All ODJFS information which, under the laws of the State of Ohio or federal law, is classified as public or as private will be treated as such by CONTRACTOR. Where there is a question as to whether information is public or private, ODJFS will make the final determination.
B. All CONTRACTOR information which is proprietary will be held strictly confidential by ODJFS. Proprietary information is information which, if made public, would put CONTRACTOR at a disadvantage in the marketplace and trade of which CONTRACTOR is a part. CONTRACTOR is responsible for notifying ODJFS of the nature of the information prior to its release to ODJFS. Failure to provide such prior notification is deemed to be a waiver of the proprietary nature of the information, and a waiver of any right of CONTRACTOR to proceed against ODJFS for violation of this Contract or of any proprietary or trade secret laws. Such failure shall also be deemed a waiver of trade secret protection in that the CONTRACTOR will have failed to make efforts that are reasonable under the circumstances to maintain the information’s secrecy [see, section 1333.61(D)(2) of the Ohio Revised Code]. ODJFS reserves the right to require reasonable evidence of CONTRACTOR’s assertion of the proprietary nature of any information to be provided. ODJFS will make the final determination as to whether any or all of the information identified by the CONTRACTOR is proprietary or is a trade secret.
C. All records relating to costs, work performed, and supporting documentation for invoices submitted to ODJFS by CONTRACTOR along with copies of all Deliverables submitted to ODJFS pursuant to this Contract will be retained and made available by CONTRACTOR for audit by the State of Ohio (including but not limited to ODJFS, the Auditor of the State of Ohio, the Inspector General of Ohio, or any duly authorized law enforcement officials) and by agencies of the United States government for a minimum of three (3) years after payment for work performed under this Contract. If an audit, litigation, or other action related to this Contract is initiated during this time period, CONTRACTOR shall retain such records until the action is conclu...
RECORDS, DOCUMENTS AND INFORMATION. All records, documents, writings or other information produced or used by Designee in the performance of this Agreement shall be treated according to the following terms:
6.10.1. All ODH information which, under the laws of the State of Ohio, is classified as public or private will be treated as such by Designee. Where there is a question as to whether information is public or private, ODH shall make the final determination. Designee shall not use any information, systems, or records made available to it for any purpose other than to fulfill the contractual duties specified herein. Designee agrees to be bound by the same standards of confidentiality that apply to the employees of ODH and the State of Ohio. If at any time during the contract period a proceeding has been filed by or against Designee which would compel disclosure of private information under this Agreement, Designee shall immediately notify ODH of the filing. The terms of this section shall be included in any subcontracts executed by Designee for work under this Agreement.
RECORDS, DOCUMENTS AND INFORMATION. All records, documents, writings or other information produced or used by Contractor in the performance of this Contract shall be treated according to the following terms:
5.11.1. All LHD information which, under the laws of the State of Ohio, is classified as public or private will be treated as such by Contractor. Where there is a question as to whether information is public or private, LHD shall make the final determination. Contractor shall not use any information, systems, or records made available to it for any purpose other than to fulfill the contractual duties specified herein. Contractor agrees to be bound by the same standards of confidentiality that apply to the employees of LHD and the State of Ohio. If at any time during the contract period a proceeding has been filed by or against Contractor which would compel disclosure of private information under this Contract, Contractor shall immediately notify LHD of the filing. The terms of this section shall be included in any subcontracts executed by Contractor for work under this Contract.
5.11.2. All proprietary information of Contractor shall be held to be strictly confidential by LHD. Proprietary information is information which, if made public, would put Contractor at a disadvantage in the market place and trade of which Contractor is a part. Contractor is responsible for notifying LHD of the nature of the information prior to its release to LHD. LHD reserves the right to require reasonable evidence of Contractor’s assertion of the proprietary nature of any information to be provided.
5.11.3. All records relating to costs, work performed and supporting documentation for invoices submitted to LHD by Contractor shall be retained and made available by Contractor for audit by the State of Ohio (including, but not limited to, LHD, the Auditor of the State of Ohio, the Ohio Inspector General or duly authorized law enforcement officials) and agencies of the United States government for a minimum of three years after payment for work performed under this Contract. If an audit, litigation, or other action is initiated during this time period, Contractor shall retain such records until the action is concluded and all issues resolved or the three years end, whichever is later.
RECORDS, DOCUMENTS AND INFORMATION. 7.1 The Clinic agrees that all records pertaining to the attachment of patients and service provided to patients by the Clinic shall be available to Manitoba upon request, for the purpose of verifying the records contained in one or more EMR Data Extracts and ITM Data Extracts. All such records will also be available to the RHA for the purpose of reviewing the Interprofessional Team Member’s professional development and, if required, to investigate any complaints or incidents. Such records may contain personal health information, the disclosure of which is authorized under section 22(2)(g) of The Personal Health Information Act.
7.2 Where an examination of records by Manitoba under 7.1 reveals any inconsistency with the EMR Data Extract and/or ITM Data Extract, Manitoba may perform a more in depth review of the records. If, in the opinion of Manitoba, that review reveals that one or more services reported in either Data Extract did not occur, or did not occur on the time and date reported, Manitoba may:
(a) reduce payments in accordance with Appendix 1, section 1.3.1.2,
(b) terminate the Agreement under section 12.1, or
(c) take action under both clause (a) and (b).
7.3 Manitoba shall have access to all written reports produced or prepared by or for the Clinic for presentation to third parties in connection with the activities contemplated by this Agreement. The Clinic agrees to provide to Manitoba copies of any of the foregoing upon Manitoba’s request. Manitoba shall not disclose such reports without the Clinic’s consent, which shall not be unreasonably withheld.
RECORDS, DOCUMENTS AND INFORMATION. A. The MCOP agrees that all records, documents, writings or other information produced by the MCOP under this Agreement and all records, documents, writings or other information used by the MCOP in the performance of this Agreement shall be treated in accordance with OAC rules 5160‐58‐01.1 and 5160‐26‐06 and shall be provided to ODM, or its designee, if requested. The MCOP shall maintain an appropriate record system for services provided to members. The MCOP shall retain all records in accordance with 42 CFR 438.3(u) and comply with the audit and inspection rights of those records in accordance with 42 CFR 438.3(h).
B. All information provided by the MCOP to ODM that is proprietary shall be held to be strictly confidential by ODM. Proprietary information is information which, if made public, would put the MCOP at a disadvantage in the market place and trade of which the MCOP is a part [see ORC Section 1333.61(D)]. The MCOP agrees to expressly indicate by marking the top or bottom of each individual record containing information the MCOP deems proprietary or trade secret, regardless of media type (CD‐ROM, Excel file etc.) prior to its release to ODM. Upon request from ODM, the MCOP agrees to promptly notify ODM in writing of the nature of the proprietary information including all reasonable evidence regarding the nature of the proprietary information in records submitted to ODM. The MCOP also agrees to provide for the legal defense of all proprietary information submitted to ODM. ODM shall promptly notify the MCOP in writing or via email of the need to legally defend the proprietary information such that the MCOP is afforded the opportunity to adequately defend such information. Failure to provide such prior notification or failure to legally defend the proprietary nature of such information is deemed to be a waiver of the proprietary nature of the information, and a waiver of any right of the MCOP to proceed against ODM for violation of this Agreement or of any proprietary or trade secret laws. Such failure shall also be deemed a waiver of trade secret protection in that the MCOP will have failed to make efforts that are reasonable under the circumstances to maintain the information’s secrecy. The provisions of this Article are not self‐ executing.
C. The MCOP shall not use any information, systems, or records made available to it for any purpose other than to fulfill the duties specified in this Agreement. The MCOP agrees to be bound by the same standards...
RECORDS, DOCUMENTS AND INFORMATION. 7.1 The Clinic agrees that all records pertaining to the attachment of patients and service provided to patients by the Clinic shall be available to MHHLS upon request, for the purpose of verifying the records contained in one or more EMR Data Extracts and ITM Data Extracts. All such records will also be available to the RHA for the purpose of reviewing the Interprofessional Team Member’s professional development and, if required, to investigate any complaints or incidents. Such records may contain personal health information, the disclosure of which is authorized under section 22(2)(g)
RECORDS, DOCUMENTS AND INFORMATION. 5.1 The RHA agrees that all records pertaining to the attachment of patients and service provided to patients by the RHA Clinic shall be available to MHHLS upon request, for the purpose of verifying the records contained in one or more EMR Data Extracts and ITM Data Extracts. All such records will also be available to the RHA for the purpose of reviewing the Interprofessional Team Member’s professional development and, if required, to investigate any complaints or incidents. Such records may contain personal health information, the disclosure of which is authorized under section 22(2)(g)
