UNIQUE TERMS AND CONDITIONS.
9.1 ALLEGATIONS OF FRAUD AND/OR ABUSE
UNIQUE TERMS AND CONDITIONS. 9.1 Intentionally Omitted 9.2 Intentionally Omitted 9.3 Intentionally Omitted
UNIQUE TERMS AND CONDITIONS. The following terms and conditions are applicable to this Attachment only. Referring to the Base Agreement:
UNIQUE TERMS AND CONDITIONS. 9.1 NO INTENT TO CREATE A THIRD PARTY BENEFICIARY CONTRACT
UNIQUE TERMS AND CONDITIONS. 9.1 Local Small Business Enterprise (LSBE)
UNIQUE TERMS AND CONDITIONS. 9.1 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)
9.1.1 The County is subject to the Administrative Simplification requirements and prohibitions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), and regulations promulgated thereunder, including the Privacy, Security, Breach Notification, and Enforcement Rules at 45 Code of Federal Regulations (C.F.R.) Parts 160 and 164 (collectively, the “HIPAA Rules”). Under this Agreement, the Contractor provides services to the County and the Contractor creates, has access to, receives, maintains, or transmits Protected Health Information as defined in Exhibit I in order to provide those services. The County and the Contractor therefore agree to the terms of Exhibit I, “Business Associate Under Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
UNIQUE TERMS AND CONDITIONS. 9.1 CONTRACTOR’S OBLIGATIONS AS A “BUSINESS ASSOCIATE” UNDER HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 (HIPAA)
UNIQUE TERMS AND CONDITIONS. 9.1 Licenses, Permits, Registrations, Accreditation, and Certificates
UNIQUE TERMS AND CONDITIONS. 9.1 Health Insurance Portability and Accountability Act of 1996 (HIPAA)
9.1.1 The parties acknowledge the existence of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. Contractor understands and agrees that, as a provider of medical treatment services, it is a “covered entity” under HIPAA and, as such, has obligations with respect to the confidentiality, privacy, and security of patients’ medical information, and must take certain steps to preserve the confidentiality of this information, both internally and externally, including the training of its staff and the establishment of proper procedures for the release of such information, including the use of appropriate consents and authorizations specified under HIPAA.
9.1.2 The parties acknowledge their separate and independent obligations with respect to HIPAA and that such obligations relate to transactions and code sets, privacy, and security. Contractor understands and agrees that it is separately and independently responsible for compliance with HIPAA in all these areas and that County has not undertaken any responsibility for compliance on Contractor’s behalf. Contractor has not relied, and shall not in any way rely, on County for legal advice or other representations with respect to Contractor’s obligations under HIPAA but shall independently seek its own counsel and take the necessary measures to comply with the law and its implementing regulations.
9.1.3 Contractor and County understand and agree that each is independently responsible for HIPAA compliance and agree to take all necessary and reasonable actions to comply with the requirements of the HIPAA laws and implementing regulations related to transactions and code sets, privacy, and security.
9.1.4 Each party further agrees that, should it fail to comply with its obligations under HIPAA, it shall indemnify and hold harmless the other party (including the other party’s officers, employees, and agents), for damages to the other party that are attributable to such failure.
UNIQUE TERMS AND CONDITIONS. 9.1 Local Small Business Enterprise (LSBE) Preference Program (Only applicable if the Contractor requested and was granted the Local Small Business Enterprise preference)
9.2.1 This Contract is subject to the provisions of the County’s ordinance entitled LSBE Preference Program, as codified in Chapter 2.204 of the Los Angeles County Code.
9.2.2 The Contractor shall not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a LSBE.
9.2.3 The Contractor shall not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a LSBE.
9.2.4 If the Contractor has obtained certification as a LSBE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwise have been entitled, shall:
1. Pay to the County any difference between the contract amount and what the County’s costs would have been if the contract had been properly awarded;
2. In addition to the amount described in subdivision (1), be assessed a penalty in an amount of not more than ten (10) percent of the amount of the contract; and
3. Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code (Determinations of Contractor Non-responsibility and Contractor Debarment). The above penalties shall also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the State and the Department of Consumer and Business Affairs of this information prior to responding to a solicitation or accepting a contract award.
