Common use of Safeguarding Information Clause in Contracts

Safeguarding Information. 7.01 The Agency shall comply with all Federal and State laws and regulations governing the confidentiality of the protected client information that is the subject of this Agreement including the Health Insurance and Portability and Accountability Act of 1996 and its promulgating regulations (“HIPAA”). 7.02 The AGENCY shall not use or disclose any information concerning a recipient of services under this Contract for any purpose not in conformity with all applicable Federal, Florida State, and local laws, rules and regulations, except on written consent of the recipient, his or her attorney, or his or her responsible parent or guardian, and THE PARTNERSHIP. 7.03 In the course and scope of performing services under this Contract, the AGENCY may receive, be exposed to or acquire confidential information including, but not limited to, all information, data, reports, records, summaries, tables and studies, whether written or oral, fixed in hard copy or contained in any computer database or computer readable form, as well as any information identified as confidential (“Confidential Information”) of another Party. The AGENCY, including their employees, agents or representatives, shall: not disclose to any third party the Confidential Information of the other Party except as otherwise permitted by this Contract; only permit use of such Confidential Information by employees, agents and representatives that have a need to know in connection with performance of services under this Contract; and advise each of their employees, agents and representatives of their obligations to keep such Confidential Information confidential. However, on a case by case basis, in accordance with Florida law, this provision may not be applicable to Confidential Information: after such information becomes available to the public through no fault of any Party to this Contract; which may have been later lawfully publicly released by any Party in writing; which is lawfully obtained from third parties without restriction; or which can be shown to be previously known or developed by either AGENCY independently of any other AGENCY.

Safeguarding Information. 7.01 The Agency shall comply with all Federal and State laws and regulations governing the confidentiality of the protected client information that is the subject of this Agreement including the Health Insurance and Portability and Accountability Act of 1996 and its promulgating regulations (“HIPAA”). 7.02 The AGENCY shall not use or disclose any information concerning a recipient of services under this Contract for any purpose not in conformity with all applicable Federal, Florida State, and local laws, rules and regulations, except on written consent of the recipient, his or her attorney, or his or her responsible parent or guardian, and THE PARTNERSHIP. 7.03 In the course and scope of performing services under this Contract, the AGENCY may receive, be exposed to or acquire confidential information including, but not limited to, all information, data, reports, records, summaries, tables and studies, whether written or oral, fixed in hard copy or contained in any computer database or computer readable form, as well as any information identified as confidential (“Confidential Information”) of another Party. The AGENCY, including their employees, agents or representatives, shall: : (a) not disclose to any third party the Confidential Information of the other Party except as otherwise permitted by this Contract; ; (b) only permit use of such Confidential Information by employees, agents and representatives that have a need to know in connection with performance of services under this Contract; and and (c) advise each of their employees, agents and representatives of their obligations to keep such Confidential Information confidential. However, on a case by case basis, in accordance with Florida law, this provision may not be applicable to Confidential Information: : (d) after such information becomes available to the public through no fault of any Party to this Contract; ; (e) which may have been later lawfully publicly released by any Party in writing; ; (f) which is lawfully obtained from third parties without restriction; or or (g) which can be shown to be previously known or developed by either AGENCY independently of any other AGENCY.

Safeguarding Information. 7.01 The Agency shall comply with all Federal and State laws and regulations governing the confidentiality of the protected client information that is the subject of this Agreement including the Health Insurance and Portability and Accountability Act of 1996 and its promulgating regulations (“HIPAA”). 7.02 The AGENCY shall not use or disclose any information concerning a recipient of services under this Contract Agreement for any purpose not in conformity with all applicable Federal, Florida State, and local laws, rules and regulations, except on written consent of the recipient, his or her attorney, or his or her responsible parent or guardian, and THE PARTNERSHIP. 7.03 7.02 In the course and scope of performing services SERVICES under this ContractAgreement, the AGENCY may receive, be exposed to or acquire confidential information including, but not limited to, all information, data, reports, records, summaries, tables and studies, whether written or oral, fixed in hard copy or contained in any computer database or computer readable form, as well as any information identified as confidential (“Confidential Information”) of another Party. The AGENCY, including their employees, agents or representatives, shall: : (a) not disclose to any third party the Confidential Information of the other Party except as otherwise permitted by this Contract; Agreement; (b) only permit use of such Confidential Information by employees, agents and representatives that have a need to know in connection with performance of services SERVICES under this ContractAgreement; and and (c) advise each of their employees, agents and representatives of their obligations to keep such Confidential Information confidential. However, on a case by case basis, in accordance with Florida law, this provision may not be applicable to Confidential Information: : (a) after such information becomes available to the public through no fault of any Party to this Contract; Agreement; (b) which may have been later lawfully publicly released by any Party in writing; ; (c) which is lawfully obtained from third parties without restriction; or or (d) which can be shown to be previously known or developed by either AGENCY independently of any other AGENCY. 7.03 AGENCY shall comply with the following information security requirements whenever AGENCY has access to DEPARTMENT information systems or maintain any client or other confidential information in electronic form: (a) An appropriately skilled individual shall be identified by the AGENCY to function as its Information Security Officer. The Information Security Officer shall act as the liaison to the DEPARTMENT’s security staff and will maintain an appropriate level of information security for DEPARTMENT information systems or any client or other confidential information the AGENCY is collecting or using in the performance of this Agreement. An appropriate level of security includes approving and tracking all who request or have access, through the Provider’s access, to DEPARTMENT information systems or any client or other confidential information. The Information Security Officer will ensure that any access to DEPARTMENT information systems or any client or other confidential information is removed immediately upon such access no longer being required for AGENCY’s performance under this Agreement. (b) The AGENCY shall provide the latest DEPARTMENT security awareness training to all who request or have access, through the AGENCY’s access, to DEPARTMENT information systems or any client or other confidential information. (c) All who request or have access, through the AGENCY’s access, to DEPARTMENT information systems or any client or other confidential information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be found by a search at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/DCFFormsInternet/Search/DCFFormSearch.aspx or obtained from THE PARTNERSHIP. (d) The AGENCY shall prevent unauthorized disclosure or access, from or to DEPARTMENT information systems or client or other confidential information. Client or other confidential information on systems and network capable devices shall be encrypted per CFOP 50-2. (e) The AGENCY agrees to notify THE PARTNERSHIP and DEPARTMENT as soon as possible, but no later than five (5) business days following the determination of any potential or actual unauthorized disclosure or access to DEPARTMENT information systems or to any client or other confidential information. (f) The AGENCY shall, at its own cost, comply with section 501.171, F.S. The AGENCY shall also. at its own cost. Implement measures deemed appropriate by the DEPARTMENT to avoid or mitigate potential injury to any person due to potential or actual unauthorized disclosure or access to DEPARTMENT information systems or to any client or other confidential information.