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Page 4 of 20 <br /> <br /> <br />7.0 Record Retention <br /> <br />The County shall retain records at its own expense in accordance with applicable State and Federal laws, <br />rules, and regulations. The County shall facilitate and monitor the compliance of its subcontractors with <br />all applicable requirements of record retention and disposition. <br /> <br />In order to protect documents and public records that may be the subject of Department litigation, the <br />Department shall notify the County of the need to place a litigation hold on those documents. The <br />Department will also notify the County of the release of the litigation hold. If there is no litigation hold in <br />place, the documents may be destroyed, disposed of, or otherwise purged through the biannual Records <br />Retention and Disposition Memorandum from the Department’s Controller’s Office. <br /> <br />8.0 Liabilities and Legal Obligations <br /> <br />Each party hereto agrees to be responsible for its own liabilities and that of its officers, employees, agents <br />or representatives arising out of this MOU. Nothing contained herein is intended to alter or change the <br />relationship of the parties as defined under the laws of the State of North Carolina. <br /> <br />9.0 Confidentiality <br /> <br />Any medical records, personnel information or other items exempt from the NC Public Records Act or <br />otherwise protected by law from disclosure given to the Department or to the County under this MOU <br />shall be kept confidential and not divulged or made available to any individual or organization except as <br />otherwise provided by law. The Parties shall comply with all applicable confidentiality laws and <br />regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 <br />(HIPAA), the administrative simplification rules codified at 45 Parts 160, 162, and 164, alcohol and drug <br />abuse patient records laws codified at 42 U.S.C. §290dd-2 and 42 CFR Part 2, and the Health Information <br />Technology for Economics and Clinical Health Act (HITECH Act) adopted as part of the American Recovery <br />and Reinvestment Act of 2009 (Public Law 111-5). <br /> <br />10.0 Secretary’s Authority Undiminished <br /> <br />Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of the <br />Department as the grantee of federal grant funds. The Parties understand and agree that nothing in this <br />MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the Secretary of the <br />Department to perform any of the duties assigned to the Department or its Secretary by the North <br />Carolina General Statutes, the terms and conditions of the federal funds and their applicable laws and <br />regulations or other federal laws and regulations regarding any federal funding which is used by the <br />Department to reimburse the County for any of its duties under this MOU. <br /> <br />11.0 MOU does not Diminish Other Legal Obligations <br /> <br />Notwithstanding anything to the contrary contained herein and to facilitate the mandated performance <br />requirements of N.C. Gen. Stat. § 108A-74, the Parties acknowledge and agree that this MOU is not <br />intended to supersede or limit, and shall not supersede or limit, the County’s obligations to comply with <br />all applicable: 1) federal and state laws; 2) federal and state rules; and 3) policies, standards, and <br />directions of the Department, as all such currently exist and may be amended, enacted, or established <br />hereafter. <br /> <br />7