Common use of BREACH DISCOVERY AND NOTIFICATION Clause in Contracts

BREACH DISCOVERY AND NOTIFICATION. 25 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a law 27 enforcement official pursuant to 45 CFR § 164.412. 28 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 known to CONTRACTOR. 31 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 known, or by exercising reasonable diligence would have known, to any person who is an employee, 33 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by written

BREACH DISCOVERY AND NOTIFICATION. 25 11 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 12 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a law 27 13 enforcement official pursuant to 45 CFR § 164.412. 28 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 14 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 known 15 to CONTRACTOR. 31 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 known, 16 or by exercising reasonable diligence would have known, to any person who is an employee, 33 officer, or 17 other agent of CONTRACTOR, as determined by federal common law of agency. 34 18 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by writtenwritten notification 19 within 24 hours of the oral notification. 20 3. CONTRACTOR’s notification shall include, to the extent possible:

BREACH DISCOVERY AND NOTIFICATION. 25 26 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 27 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a 28 law 27 enforcement official pursuant to 45 CFR § 164.412. 28 29 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 30 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 31 known to CONTRACTOR. 31 32 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 33 known, or by exercising reasonable diligence would have known, to any person who is an employee, 33 34 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 35 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 36 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by writtenwritten 37 notification within 24 hours of the oral notification.

BREACH DISCOVERY AND NOTIFICATION. 25 10 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a law 27 11 enforcement official pursuant to 45 CFR § 164.412. 28 12 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 13 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 known to CONTRACTOR. 31 14 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 known, 15 or by exercising reasonable diligence would have known, to any person who is an employee, 33 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 16 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 17 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by writtenwritten notification 18 within twenty four (24) hours of the oral notification.

BREACH DISCOVERY AND NOTIFICATION. 25 1. Following the discovery of a Breach of Unsecured PHIPHI , CONTRACTOR shall notify 26 COUNTY notifyCOUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a law 27 enforcement official pursuant to 45 CFR § 164.412. 28 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 known to CONTRACTOR. 31 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 knownisknown, or by exercising reasonable diligence would have known, to any person who is an employee, 33 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 Privacy COUNTYP rivacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by writtenwritten notification within 24 hours of the oral notification. 3. CONTRACTOR’s notification shall include, to the extent possible: a. The identification of each Individual whose Unsecured PHI has been, or is reasonably

BREACH DISCOVERY AND NOTIFICATION. 25 18 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a law 27 19 enforcement official pursuant to 45 CFR § 164.412. 28 20 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 known to CONTRACTOR. 31 22 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 known, 23 or by exercising reasonable diligence would have known, to any person who is an employee, 33 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 24 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 25 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by writtenwritten notification 26 within 24 hours of the oral notification.

BREACH DISCOVERY AND NOTIFICATION. 25 20 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 21 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a 22 law 27 enforcement official pursuant to 45 CFR § 164.412. 28 23 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 24 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 25 known to CONTRACTOR. 31 26 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 27 known, or by exercising reasonable diligence would have known, to any person who is an employee, 33 28 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 29 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 30 Privacy Officer. CONTRACTOR’s notification may be oral, oral but shall be followed by writtenwritten 31 notification within twenty-four (24) hours of the oral notification. 32 3. CONTRACTOR’s notification shall include, to the extent possible:

BREACH DISCOVERY AND NOTIFICATION. 25 13 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a law 27 14 enforcement official pursuant to 45 CFR § 164.412. 28 15 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 known 16 to CONTRACTOR. 31 17 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 known, 18 or by exercising reasonable diligence would have known, to any person who is an employee, 33 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 19 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 20 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by writtenwritten notification within twenty four (24) hours of the oral notification.

BREACH DISCOVERY AND NOTIFICATION. 25 26 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 26 27 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a 28 law 27 enforcement official pursuant to 45 CFR § 164.412. 28 29 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 29 30 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 30 31 known to CONTRACTOR. 31 32 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 32 33 known, or by exercising reasonable diligence would have known, to any person who is an employee, 33 34 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 34 35 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 35 36 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by writtenwritten 37 notification within twenty four (24) hours of the oral notification.