TOYON ASSOCIATES, INC. - Laserfiche WebLink

Home Browse Search

internal practices, books, and records, including policies and procedures and PHI, relating to the use and disclosure of PHI received from, or created or received by CONSULTANT on behalf of, CE available to the Secretary, in a time and manner agreed to or designated by the Secretary, for purposes of the Secretary determining CE's compliance with the Privacy Rule. (i) CONSULTANT agrees to document such disclosures of PHI and information related to such disclosures as would be required for CE to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. 164.528. Q) CONSULTANT agrees to provide CE or an Individual, in time and manner agreed to, information collected in accordance with Section (i) above of this Agreement, to permit CE to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. 164.528. (k) At termination of this Agreement, CONSULTANT agrees to return or destroy all PHI received from, or created or received by CONSULTANT on behalf of CE that the CONSULTANT still maintains in any form and retain no copies of such information. If such return or destruction is not feasible, CONSULTANT agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 3-27. Cooperation of City of Santa Ana: CITY shall cause its agents and employees to comply with all reasonable requests for information and documents from CONSULTATNT in connection with its pursuit of Medi-Cal cost report audit appeals. CITY agrees that its employees and any third party agents of the CITY will cooperate with and assist representatives of CONSULTANT in every reasonable way to enable CONSULTANT to secure all information and data required to perform the services herein provided for. CONSULTANT shall have no liability for defects in the services attributable to CONSULTANT'S reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by CITY or third parties retained by CITY. 3-28. Disclosure: Neither CONSULTANT nor any agent or employee of CONSULTANT that will be providing services under this Agreement has been excluded, debarred or otherwise sanctioned from participation in any federal or state healthcare program, including the Medicare, Medicaid or Champus programs or has been convicted or found to have violated any federal or state fraud and abuse laws or illegal remuneration law. 3-29. Access to Books and Records: Until the expiration of four years after furnishing the services provided under this contract, CONSULTANT will make available to the Secretary, U.S. Department of Health and Human Services, and the U.S. Comptroller General, and their representatives, this contract and all books, documents, and records necessary to certify the nature and extent of the costs of those services. 3-30. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, shall be settled and resolved by binding arbitration in accordance with this provision, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any one party to this Agreement may initiate arbitration by delivering written notice thereof to the other party. Such written notice shall state the intent of the party to have a controversy resolved by arbitration shall specify the controversy and matters to be resolved and shall designate an arbitrator who shall not have an economic, social or other relationship to the party requesting arbitration ("independent" arbitrator). Delivery may be affected by depositing a notice of such intention addressed to each party, sent by registered mail, return receipt requested, sealed and postage prepaid in the United States Mail, by facsimile transmission, or by personal delivery. Arbitration shall be by the arbitrator so designated unless the other party to whom 10