ORANGE, COUNTY OF (9) - 2010 - Laserfiche WebLink

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I XV. RECORDS MANAGEMENT AND MAINTENANCE 2 A. CONTRACTOR, its officers, agents, employees and subcontractors shall, throughout the term 3 of this Agreement, prepare, maintain and manage records appropriate to the services provided and in 4 accordance with this Agreement and all applicable requirements. 5 B. CONTRACTOR shall implement and maintain administrative, technical and physical 6 safeguards to ensure the privacy of protected health information (PHI) and prevent the intentional or 7 unintentional use or disclosure of PHI in violation of the Health Insurance Portability and Accountability g Act of 1996 (HIPAA), federal and state regulations and/or COUNTY HIPAA Policies (see COUNTY 9 HIPAA P&P 1-2). CONTRACTOR shall mitigate to the extent practicable, the known harmful effect of 10 any use or disclosure of protected health information made in violation of federal or state regulations 1 1 and/or COUNTY policies. 12 C. CONTRACTOR's patient records shall be maintained in a secure manner. CONTRACTOR 13 shall maintain patient records and must establish and implement written record management procedures. 14 D. CONTRACTOR shall ensure appropriate financial records related to cost reporting, 15 expenditure, revenue, billings, etc., are prepared and maintained accurately and appropriately. 16 E. CONTRACTOR shall ensure all appropriate state and federal standards of documentation, 17 preparation, and confidentiality of records related to participant, client and/or patient records are met at 18 all times. 19 F. CONTRACTOR shall make records pertaining to the costs of services, participant fees, charges, 20 billings, and revenues available at one (1) location within the limits of the County of Orange. 21 G. If CONTRACTOR is unable to meet the record location criteria above, ADMINISTRATOR 22 may provide written approval to CONTRACTOR to maintain records in a single location, identified by 23 CONTRACTOR. 24 H. CONTRACTOR may be required to retain all records involving litigation proceedings and 25 settlement of claims for a longer term which will be directed by the ADMINISTRATOR. 26 I. CONTRACTOR shall notify ADMINISTRATOR of any Public Record Act (PRA) request 27 within twenty-four (24) hours. CONTRACTOR shall provide ADMINISTRATOR all information that 28 is requested by the PRA request. 29 30 XVI. SEVERABILITY 31 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 32 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 33 federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or 34 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain 35 in full force and effect, and to that extent the provisions of this Agreement are severable. 36 37 CITY OF SANTA ANA 14 of 17 X:\CONTRACTS -2010-\2010-2011\MIHS\POD- PLAN-MASTER-10-11-BG. DOC SAN 13414APODOI MIKKI I