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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />unintentional use or disclosure of FHI in violation of the Health Insurance Portability and Accountability <br />Act of 1996 (HIPAA), federal and state regulations and/or CO NTY HIPAA Policies (see COUNTY <br />HIPAA PBsP 1-2). CONTRACTOR shall mitigate to the extent practicable, the known harmful effect of <br />any use or disclosure of protected health information made in violation of federal or state regulations <br />and/or COUNTY policies. <br />C. CONTRACTOR'S patient records shall be maintained in a secure manner. CONTRACTOR <br />shall maintain patient records and must establish and implement written record management procedures. <br />D. CONTRACTOR shall ensure appropriate financial records related to cost reporting, <br />expenditure, revenue, billings, etc., are prepared and maintained accurately and appropriately. <br />E. CONTRACTOR shall ensure all appropriate state and federal standards of documentation, <br />preparation, and confidentiality of records related to participant, client and/or patient records are met at <br />all times. <br />F. CONTRACTOR shall make records pertaining to the costs of services, participant fees, charges, <br />billings, and revenues available at one (1) location within the limits of the County of Orange. <br />G. If CONTRACTOR is unable to meet the record location criteria above, ADMINISTRATOR <br />may provide written approval to CONTRACTOR to maintain records in a single location, identified by <br />CONTRACTOR. <br />H. CONTRACTOR may be required to retain all records involving litigation proceedings and <br />settlement of claims for a longer term which will be directed by the ADMINISTRATOR. <br />L CONTRACTOR shall notify ADMINISTRATOR of any Public Record Act (PRA) request <br />within twenty-four (24) hours. CONTRACTOR shall provide ADMINISTRATOR all information that <br />is requested by the PRA request. <br />XVI. SEVERABILITY <br />If a court of competent jurisdiction declares any provision of this Agreement or application thereof <br />to any person or circumstances to be invalid or if any provision of this Agreement contravenes any <br />federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or <br />the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain <br />in full force and effect, and to that extent the provisions of this Agreement are severable. <br />XVII. STATUS OF CONTRACTOR <br />CONTRACTOR is, and shall at all times be deemed to be, an independent contractor and shall be <br />wholly responsible for the manner in which it performs the services required of it by the terms of this <br />Agreement. CONTRACTOR is entirely responsible for compensating staff, subcontractors, and <br />consultants employed by CONTRACTOR. This Agreement shall, not be construed as creating the <br />relationship of employer and employee, or principal and agent, between COU-NTY and CONTRACTOR <br />or any of CONTRACTOR'S employees, agents, consultants, or subcontractors. CONTRACTOR <br />C7TV OF SANTA ANA 14 Of 17 <br />X:\CONTRACTS - 201 O-\201 0-2015WIIHS\POD-EQUIP-MASTER-1 O-1 5-BG.000 SAN 14-MAPOD03MIICK 1 5