Orange County NC Website
Browse       Search
e. document disclosures of PHI and information related to such disclosures as would be required for <br /> Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in <br /> accordance with 45 CFR§164.528, <br /> 14. Participant Obligations when neither a Covered Entity nor a Business Associate. Any Participant <br /> who does not fit the description of a Covered Entity or a Business Associate, by executing this <br /> Agreement agrees to be bound to all the obligations for safeguarding the privacy and security of the <br /> Data Platform and the Data as if Participant were a Business Associate,for al!Data accessed or used <br /> by Participant. <br /> 15. Ownership of Data. Access to or use of Data under this Agreement does not change the ownership <br /> of Data accessed or used. Notwithstanding the foregoing, Data provided through the Data Platform <br /> may become integrated into patient records and may no longer be separable from the Data of the <br /> receiving entity. The Parties acknowledge it is impractical to require deletion of Data that has been <br /> integrated into other systems and applications, but that Data shall remain under all the privacy and <br /> security and Permitted Use restrictions set forth in this Agreement. <br /> 16. Confidential Information. Confidential Information disclosed to a Party must be kept confidential <br /> until it has been disclosed publicly by someone authorized by the owner of the Confidential <br /> Information. Confidential Information must only be retained while needed to perform under this <br /> Agreement.When the need to perform ends for any reason,that Confidential Information disclosed, <br /> including all copies, must be returned to the disclosing Parry or destroyed with a certificate of <br /> destruction attested by the person responsible for its destruction. Records that cannot be destroyed <br /> or returned must be kept confidential until those records have lost their confidential nature through <br /> no fault of the Party receiving the Confidential Information. A record of this Agreement may be <br /> retained securely as a record of the Party's obligations. Confidential Information must only be used <br /> for the specific purpose for which it was disclosed, A Party receiving Confidential Information must <br /> take all reasonable measures to prevent unauthorized disclosure.At a minimum, a Party must treat <br /> Confidential Information with as much security as it treats its own confidential information,and never <br /> with less than reasonable care. <br /> 17. Term and Termination. <br /> a. Term. This Agreement commences on its Effective[late and continues through the thirty-first day <br /> of December of the year in which it was signed by Participant(the"Initial Term"). Thereafter,this <br /> Agreement renews automatically for consecutive one(1)year Terms(the"Renewal Terms")until <br /> terminated by one of the Parties as provided herein below. The Initial Term and all Renewal Terms <br /> are collectively the"Term"of this Agreement. <br /> b. Automatic Termination. if Participant is participating only in the State program covered by the <br /> 2019 PRIMARY CARE CASE MANA GEMENT SERVICES CONTRACT#37761 BETWEEN THE NORTH <br /> CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF HEALTH BENEFITS AND <br /> NORTH CAROLINA COMMUNITY CARE NETWORKS, INC., then this Agreement will terminate <br /> immediately upon the termination of that contract, except that this Agreement will continue in <br /> force under any successor agreement between N3CN or its Affiliate and the State for accessing <br /> and using State-owned data. Additionally, if any Applicable Law is changed making Participant's <br /> Page 13 of 21 <br />