Common use of Privacy and Security Clause in Contracts

Privacy and Security. 9.1 County receives funding from the State Department of Health Care Services pursuant to an annual contracting arrangement (hereinafter “State Contract”). The State Contract contains certain requirements pertaining to the privacy and security of personally identifiable information (hereinafter “PII”) provided to County by the State Department of Health Care Services and/or protected health information (hereinafter “PHI”) provided to County by the State Department of Health Care Services, and requires that County contractually obligate any of its subcontractors to also comply with these requirements. 9.2 Contractor hereby agrees to be bound by, and comply with, any and all terms and conditions of the State Contract pertaining to the privacy and/or security of PII and/or PHI, a copy of which is available from Marin Behavioral Health & Recovery Services’ (BHRS) Administration upon request. 9.3 Additionally, in the event the State Contract requires County to notify the State of a breach of privacy and/or security of PII and/or PHI, Contractor shall, immediately upon discovery of a suspected or actual breach of privacy and/or security of PII and/or PHI by Contractor, notify the County of Marin, Health and Human Services Compliance Program of such breach by telephone and email or facsimile (contact details below). Contractor further agrees that it shall notify County of any such breaches prior to the time County is required to notify the State pursuant to the State Contract. Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 9.4 In the event the State Contract requires County to pay any costs associated with a breach of privacy and/or security of PII and/or PHI, including but not limited to the costs of notification, Contractor shall pay on County’s behalf any and all such costs arising out of a breach of privacy and/or security of PII and/or PHI by Contractor. 9.5 Contractor shall ensure that all staff and subcontractors complete a privacy and security training upon initial hire, and annually thereafter. Contractor shall provide evidence of these trainings when requested by County, CA Department of Health Care Services or the US Department of Health & Human Services. 9.6 Contractor shall ensure that all staff and subcontractors sign a confidentiality agreement upon initial hire, and annually thereafter. Contractor shall provide evidence of completed agreements when requested by County, CA Department of Health Care Services or the US Department of Health & Human Services.