Data Sharing and Confidentiality Clause Samples

Data Sharing and Confidentiality. The Parties must implement policies and procedures to ensure that the minimum necessary Member information and data for accomplishing the goals of this MOU are exchanged timely and maintained securely and confidentially and in compliance with the requirements set forth below. The Parties must share information in compliance with applicable law, which may include the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”), 42 Code of Federal Regulations Part 2, and other State and federal privacy laws.

Data Sharing and Confidentiality. The Parties must implement policies and procedures to ensure that the minimum necessary Member information and data for accomplishing the goals of this MOU are exchanged timely and maintained securely and confidentially and in compliance with the requirements set forth below. The Parties must share information in compliance with applicable law, which may include the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”), 42 Code of Federal Regulations Part 2, and other State and federal privacy laws, including but not limited to federal law governing the access, use, and disclosure of WIC Program information. Under federal law, confidential WIC Applicant and WIC Participant information is any information about a WIC Applicant or WIC Participant, whether it is obtained from the WIC Applicant, WIC Participant, or another source, or generated as a result of a WIC application or WIC certification or participation, that individually identifies a WIC Applicant or WIC Participant and/or family member(s). WIC Applicant or WIC Participant information is confidential, regardless of the original source and exclusive of previously applicable confidentiality provided in accordance with other federal, State, or local law. (7 Code of Federal Regulations Section 246.26(d)(1)(i).) Agency’s sharing of confidential WIC Applicant and WIC Participant information with MCP must comply with 7 Code of Federal Regulations Section 246.26.

Data Sharing and Confidentiality. The Parties must establish and implement policies and procedures to ensure that the minimum necessary Member information and data to accomplish the goals of this MOU are exchanged timely and maintained securely and confidentially and in compliance with the requirements set forth below to the extent permitted under applicable state and federal law. The parties will share protected health information (“PHI”) for the purposes of medical and behavioral health care coordination pursuant to Welfare and Institutions § 14184.102(j), Cal. Code Regs. tit. 9, Section 1810.370(a)(3), and to the fullest extent permitted under the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”), and 42 Code Federal Regulations Part 2, and other State and federal privacy laws. For additional guidance, the Parties should refer to the CalAIM Data Sharing Authorization Guidance.4

Data Sharing and Confidentiality. The Parties must implement policies and procedures to ensure that the minimum necessary Member information and data for accomplishing the goals of this MOU are exchanged timely and maintained securely and confidentially and in compliance with the requirements set forth below. The Parties must share information in compliance with applicable law, which may include the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”), 42 Code of Federal Regulations Part 2, and other State and federal privacy laws, including but not limited to federal law governing the access, use, and disclosure of WIC Program information. Under federal law, confidential WIC Applicant and WIC Participant information is any information about a WIC Applicant or WIC Participant, whether it is obtained from the WIC Applicant, WIC Participant, or another source, or generated as a result of a WIC application or WIC certification or

Data Sharing and Confidentiality. The purpose of data sharing is to support the professional learning and improvement of stakeholders involved in Rhode Island clinical practice partnerships, as well as support the continuous improvement of the partnership. Data sharing may include reporting out to grant funders, state/federal offices, and/or the public on partnership effectiveness, successes, and areas of improvement. The critical role of confidentiality is a guiding principle of this agreement. ▪ Provide data—either publicly available or prepared as requested and appropriate—for iterative growth and improvement among stakeholders. ▪ Administer any survey (pre & post) to appropriate staff in the LEA partner schools via a virtual survey collection tool that maintains the anonymity of all respondents and helps to gather data on partnership effectiveness. ▪ Analyze data and information collected and provide the LEAs with the results of these analyses. ▪ RIDE, ▇▇▇▇ and ▇▇▇▇ shall comply with all Federal and State of Rhode Island laws, including the Family Educational Rights and Privacy Act (FERPA) and regulations governing the confidentiality of the data related to partnerships. ▪ Any data that is reported will be in the aggregate to ensure confidentiality; no identifying characteristics of districts, schools, or participants will ever be used in reporting partnership effectiveness. ▪ Data will never be released to a third party without permission from all EPP and LEA partners involved. Both LEAs and ▇▇▇▇ have the goal of creating a day-one ready, diverse, and highly skilled educator work force. Here are the selection criteria for clinical educators who support and guide a full time, credit- bearing, clinical field placement (i.e. student teaching/residency). ▪ Models practice consistent with the Rhode Island Professional Teacher Standards and other appropriate standards, and assures that these standards drive decision-making for daily lesson plans. ▪ Uses a variety of culturally responsive instructional practices and models effective and equitable classroom management. ▪ Demonstrates the capacity to have a positive impact on student learning through the use of ongoing, documented assessment practices and by conveying the conviction that all students can learn. ▪ Has a teaching practice that promotes anti-racism through an intentional focus on equity and social justice. ▪ Is committed to actively supporting teacher candidates in addressing issues of equity and justice in the classroom. ▪ Is pr...

Data Sharing and Confidentiality. 8.1 Each party shall retain in confidence and require its employees, agents and contractors, to retain in confidence all information contained in the Software and all information and know-how, regardless of form, transmitted to such party that the disclosing party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”). The receiving party shall retain Confidential Information in as secure a manner as reasonably possible, but in no event less secure than the receiving party retains its own Confidential Information. Confidential Information shall remain the sole property of the disclosing party and shall not be disclosed to any third party without the express written consent of the disclosing party (except, solely for the receiving party’s internal business needs, to consultants who are bound by a written agreement with the receiving party to maintain the confidentiality of such Confidential Information in a manner consistent with this Agreement). 8.2 Confidential Information shall not include any information that: a) is at the time of disclosure or subsequently becomes publicly available without the receiving party’s breach of any obligations owed the disclosing party; b) became known to the receiving party prior to the disclosing party’s disclosure of such information to the receiving party; c) became known to the receiving party from a source other than the disclosing party other than by the breach of an obligation of confidentiality owed to the disclosing party; d) is independently developed by the receiving party; or e) is produced in compliance with applicable law or a court order, provided the other party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production. This Agreement constitutes the proprietary information of Oasys. This clause shall survive termination of the Agreement. 8.3 In carrying out the Services, Oasys may have access to and acquire the Content. The Customer agrees to give Oasys access to such Content on a continuous basis and/or on request using such means or methods as are set out under the Agreement (including, where applicable, programmatic API access). 8.4 The Customers grants to Oasys a perpetual, irrevocable, royalty-free, non-exclusive, worldwide licence to extract, store, analyse, copy and publish t...

Data Sharing and Confidentiality. The Parties must implement policies and procedures to ensure that the minimum necessary Member information and data for accomplishing the goals of this MOU are exchanged timely and maintained securely and confidentially and in compliance with the requirements set forth below. The Parties must share information in compliance with applicable law, which may include the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”), 42 Code of Federal Regulations Part 2, and other State and federal privacy laws. For additional guidance related to sharing Members’ data and information, the Parties may reference the CalAIM Data Sharing Authorization Guidance.5 a. Data and/or Information Exchange. MCP must, and County is encouraged to, share the minimum necessary data and information to facilitate referrals and coordinate care under this MOU. The Parties must have policies and procedures for supporting the timely and frequent exchange of Member information and data, which may include sharing authorization documentation and Member demographic, contact, behavioral, and physical health information; CANS data; diagnoses; relevant physical assessments and screenings for adverse childhood experiences; medications prescribed; documentation of social or environmental needs identified; individual nursing service plan (“INSP”)/Case Plan; and known changes in condition that may adversely impact the Member’s health and/or welfare; and, if necessary, obtaining 5 CalAIM Data Sharing Authorization Guidance VERSION 2.0, available at: ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇▇/Documents/MCQMD/CalAIM-Data-Sharing-Authorization-Guidance- Version-2-Draft-Public-Comment.pdf. Member consent. The minimum necessary information and data elements to be shared as agreed upon by the Parties are set forth in Exhibit C of this MOU. The Parties must annually review and, if appropriate, update Exhibit C of this MOU to facilitate sharing of information and data. i. MCP must implement processes and procedures to ensure the Medical Records of those Members receiving County Child Welfare Services are readily accessible to ensure prompt information exchange and linkages to services, and to assist with ensuring that this population’s complex needs remain met once Members are no longer involved with County Child Welfare and/or ▇▇▇▇▇▇ care. ii. MCP must share the necessary information with County to ensure the County Liaison is made aware of Members who are enrolled in ECM and/...

Data Sharing and Confidentiality. The Parties must establish and implement policies and procedures to ensure that the minimum necessary Member information and data for accomplishing the goals of this MOU are exchanged timely and maintained securely and confidentially and in compliance with the requirements set forth below to the extent permitted under applicable state and federal law. The Parties will share protected health information (“PHI”) for the purposes of medical and behavioral health care coordination pursuant to Cal. Code Regs. tit. 9, Section 1810.370(a)(3) for MHP, and Welfare and Institutions § 14184.102(j) for DMC-ODS, and to the fullest extent permitted under the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”) and 42 Code Federal Regulations Part 2, and other State and federal privacy laws. For additional guidance, the Parties should refer to the CalAIM Data Sharing Authorization Guidance.4

Data Sharing and Confidentiality. The Parties must implement policies and procedures to ensure that the minimum necessary Member information and data for accomplishing the goals of this MOU are exchanged timely, maintained securely and 3 CalAIM: Population Health Management Policy Guide (updated August 2023), available at: ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇▇/CalAIM/Documents/2023-PHM-Policy-Guide-August- Update081723.pdf confidentially, and in compliance with the requirements set forth below. The Parties must share information in compliance with applicable law, which may include the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”), 42 Code of Federal Regulations Part 2, and other State and federal privacy laws.