Common use of Project Identification Clause in Contracts

Project Identification. The User represents, and in furnishing the data file(s) specified in section 5 below, CMS relies upon such representation, that such data file(s) will be used solely for the following purpose(s). Research Users must provide a summary explanation of the research project using the template in Attachment A which is incorporated by reference into this Agreement. Only direct CMS contractors and States are exempt from the Attachment A requirement to this Agreement. The User represents further that, except as specified in an Enclosure to this Agreement or except as CMS shall authorize in writing, the User shall not reuse, disclose, release, reveal, show, sell, rent, lease, loan, or otherwise grant access to the data covered by this Agreement to any person(s) or organization(s). The User affirms that the requested data is the minimum necessary to achieve the purposes stated in this section. The User agrees that, within the User’s organization, access to the data covered by this Agreement shall be limited to the minimum number of individuals necessary to achieve the purpose stated in this section and only to those individuals on a need-to-know basis. Disclosure of this data is made pursuant to: • Privacy Act of 1974 5 U.S.C. Section 552a as amended; • Computer Matching and Privacy Protection Act of 1988 (P.L. 100-503); • Freedom of Information Act 5 U.S.C. Section 552 as amended by P.L. 104-231, 110 Stat. 3048; • Section 1106 of the Social Security Act (42 U.S.C. Section 1306); • Section 1843 of the Social Security Act (42 U.S.C. Section 1395v); and • Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule (45 C.F.R. Parts 160 and 164). The User represents further that the facts and statements made in any study or research protocol or project plan(s) submitted to CMS for each purpose are complete and accurate. Further, the User represents that said study protocol(s) or project plan(s) that have been approved by CMS or other appropriate entity as CMS may determine, represent the total use(s) to which the data file(s) specified in section 5 below will be put.