Common use of System Agency Data Clause in Contracts

System Agency Data. As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor’s performance hereunder, (the “System Agency Data”), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. ARTICLE I- SPECIAL DEFINITIONS 3 ARTICLE II - GRANTEES PERSONNEL AND SUBCONTRACTORS 4 ARTICLE III - CONFIDENTIALITY 6 3.01 Confidential System Information 6 4.01 Minor Administrative Changes 7 4.02 Conflicts of Interest 7 4.03 Flow Down Provisions 8 5.01 Notice of a Contract Action 8 5.02 Notice of IRS or TWC Insolvency 8 5.03 Notice of Criminal Activity and Disciplinary Actions 9 5.04 Child Abuse Reporting Requirement 10 5.06 Notification of Change of Contact Person or Key Personnel 9 5.07 Notification of Organization Change… 9 5.08 Significant Incidents 9 5.09 Responsibilities and Restrictions Concerning Governing Body, Officers, and Employees… 9 5.10 Direct Operations 11 5.11 Interim Extension Amendment… 11 5.12 Medical Records Retention 11 5.13 Grantee's Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards 12 5.14 Electronic and Information Resources Accessibility and Security Standards 12 5.15 Equipment, Supplies and Property… 14 5.16 Clinical Management for Behavioral Health Services (CMBHS) System 21 a. Resources 21 b. Security Administrator and Authorized Users 21

System Agency Data. As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor’s performance hereunder, (the “System Agency Data”), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. ARTICLE I- SPECIAL DEFINITIONS 3 ARTICLE II - GRANTEES PERSONNEL AND SUBCONTRACTORS 4 ARTICLE III - CONFIDENTIALITY 6 3.01 Confidential System Information 6 4.01 Minor Administrative Changes 7 4.02 Conflicts of Interest 7 4.03 Flow Down Provisions 8 5.01 Notice of a Contract Action 8 5.02 Notice of IRS or TWC Insolvency 8 5.03 Notice of Criminal Activity and Disciplinary Actions 9 5.04 Child Abuse Reporting Requirement 10 5.06 Notification of Change of Contact Person or Key Personnel 9 5.07 Notification of Organization Change… 9 5.08 Significant Incidents 9 5.09 Responsibilities and Restrictions Concerning Governing Body, Officers, and Employees… 9 5.10 Direct Operations 11 5.11 Interim Extension Amendment… 11 5.12 Medical Records Retention 11 5.13 Grantee's Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards 12 5.14 Electronic and Information Resources Accessibility and Security Standards 12 5.15 Equipment, Supplies and Property… 14 5.16 Clinical Management for Behavioral Health Services (CMBHS) System 21 a. Resources 21 b. Security Administrator and Authorized Users 2121 c. Security Violations and Accounts Updates. 22 d. Electronic Transfer of Information 22 e. Access. 22 f. Customer Support and Training 23 5.17 HIV/AIDS Model Workplace Guidelines 24 5.18 Medicaid Enrollment 23 5.19 Billing for Treatment and Payment Restrictions 23 5.20 Persons on Probation or Parole 23 5.21 Substance Abuse Block Grant (SABG) Requirements 24 5.22 Match and Program Income… 25

System Agency Data. As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor’s performance hereunder, (the “System Agency Data”), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. ARTICLE I- SPECIAL DEFINITIONS 3 ARTICLE II - GRANTEES PERSONNEL AND SUBCONTRACTORS 4 ARTICLE III - CONFIDENTIALITY 6 3.01 Confidential System Information 6 4.01 Minor Administrative Changes 7 4.02 Conflicts of Interest 7 4.03 Flow Down Provisions 8 5.01 Notice of a Contract Action 8 5.02 Notice of IRS or TWC Insolvency 8 5.03 Notice of Criminal Activity and Disciplinary Actions 9 5.04 Child Abuse Reporting Requirement 10 5.06 Notification of Change of Contact Person or Key Personnel 9 5.07 Notification of Organization Change… 9 5.08 Significant Incidents 9 5.09 Responsibilities and Restrictions Concerning Governing Body, Officers, and Employees… 9 5.10 Direct Operations 11 5.11 Interim Extension Amendment… 11 5.12 Medical Records Retention 11 5.13 Grantee's Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards 12 5.14 Electronic and Information Resources Accessibility and Security Standards 12 5.15 Equipment, Supplies and Property… 14 5.16 Clinical Management for Behavioral Health Services (CMBHS) System 21 a. Resources 21 b. Security Administrator and Authorized Users 2121 c. Security Violations and Accounts Updates 22 d. Electronic Transfer of Information 22 e. Access. 22 f. Customer Support and Training 23 5.17 HIV/AIDS Model Workplace Guidelines 24 5.18 Medicaid Enrollment 23 5.19 Billing for Treatment and Payment Restrictions 23 5.20 Persons on Probation or Parole 23 5.21 Substance Abuse Block Grant (SABG) Requirements 24 5.22 Match and Program Income… 25

System Agency Data. As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor’s performance hereunder, (the “System Agency Data”), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. ARTICLE I- I - SPECIAL DEFINITIONS 3 ARTICLE II - GRANTEES PERSONNEL AND SUBCONTRACTORS 4 ARTICLE III - CONFIDENTIALITY 6 3.01 Confidential System Information 6 4.01 Minor Administrative Changes 7 4.02 Conflicts of Interest 7 4.03 Flow Down Provisions 8 4.04 Disaster Declarations 8 5.01 Notice of a Contract Action 8 9 5.02 Notice of IRS or TWC Insolvency 8 9 5.03 Notice of Criminal Activity and Disciplinary Actions 9 10 5.04 Child Abuse Reporting Requirement 10 5.05 Abuse, Neglect, Exploitation 10 5.06 Notification of Change of Contact Person or Key Personnel 9 10 5.07 Notification of Organization Change… 9 Change 11 5.08 Significant Incidents 9 11 5.09 Responsibilities and Restrictions Concerning Governing Body, Officers, and Employees… 9 Employees 11 5.10 Direct Operations 11 12 5.11 Interim Extension Amendment… 11 Amendment 12 5.12 Medical Records Retention 11 12 5.13 Grantee's Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards 12 13 5.14 Electronic and Information Resources Accessibility and Security Standards 12 13 5.15 Equipment, Supplies and Property… 14 15 5.16 Clinical Management for Behavioral Health Services (CMBHS) System 21 22 a. Resources 21 22 b. Security Administrator and Authorized Users 2122 c. Security Violations and Accounts Updates 23 d. Electronic Transfer of Information 23 e. Access 23 f. Customer Support and Training 24 5.17 HIV/AIDS Model Workplace Guidelines 24 5.18 Medicaid Enrollment 24 5.19 Billing for Treatment and Payment Restrictions 24 5.20 Persons on Probation or Parole 24 5.21 Substance Abuse Block Grant (SABG) Requirements 25 5.22 Match and Program Income 25 5.23 Contract Reconciliation 26

System Agency Data. As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor’s performance hereunder, (the “System Agency Data”), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. ATTACHMENT E (REVISED AUGUST 2021) ATTACHMENT E (REVISED AUGUST 2021) ARTICLE I- I - SPECIAL DEFINITIONS 3 ARTICLE II - GRANTEES PERSONNEL AND SUBCONTRACTORS 4 ARTICLE III - CONFIDENTIALITY 6 3.01 Confidential System Information 6 4.01 Minor Administrative Changes 7 4.02 Conflicts of Interest 7 4.03 Flow Down Provisions 8 4.04 Disaster Declarations 8 5.01 Notice of a Contract Action 8 9 5.02 Notice of IRS or TWC Insolvency 8 9 5.03 Notice of Criminal Activity and Disciplinary Actions 9 10 5.04 Child Abuse Reporting Requirement 10 5.05 Abuse, Neglect, Exploitation 10 5.06 Notification of Change of Contact Person or Key Personnel 9 10 5.07 Notification of Organization Change… 9 Change 11 5.08 Significant Incidents 9 11 5.09 Responsibilities and Restrictions Concerning Governing Body, Officers, and Employees… 9 Employees 11 5.10 Direct Operations 11 12 5.11 Interim Extension Amendment… 11 Amendment 12 5.12 Medical Records Retention 11 12 5.13 Grantee's Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards 12 13 5.14 Electronic and Information Resources Accessibility and Security Standards 12 13 5.15 Equipment, Supplies and Property… 14 Property 15 5.16 Clinical Management for Behavioral Health Services (CMBHS) System 21 22 a. Resources 21 22 b. Security Administrator and Authorized Users 2122 c. Security Violations and Accounts Updates 23 d. Electronic Transfer of Information. 23 e. Access 23 f. Customer Support and Training 24 5.17 HIV/AIDS Model Workplace Guidelines 24 5.18 Medicaid Enrollment 24 5.19 Billing for Treatment and Payment Restrictions 24 5.20 Persons on Probation or Parole 24 5.21 Substance Abuse Block Grant (SABG) Requirements 25 5.22 Match and Program Income 25 5.23 Contract Reconciliation 26 1. If any provision contained in this HHSC Special Conditions is in conflict with, or inconsistent with the HHSC Uniform Terms and Conditions (UTC), the provision contained in the UTCs shall prevail. If any provision contained in this HHSC Special Conditions is in conflict with, or inconsistent with the Substance Use Disorder Utilization Management Guidelines (UM), the provision contained in the UM shall prevail.