Orange County NC Website
Browse       Search
f. Care Management. "Care Management" refers to a broad array of healthcare-related activities <br /> including care coordination, care planning, case management, quality improvement, quality <br /> assessment,and population-based activities performed by a care manager or related position on <br /> behalf of Participants and Enrollees to promote better health outcomes at a reduced cost. <br /> g. Confidential Information. "Confidential Information"means any and all information of strategic <br /> or commercial value relating to a Party's or any Affiliate's business or operations that a Party <br /> discloses to the other Party and that is either (i) designated in writing as confidential or <br /> proprietary at the time of disclosure or in a reasonable period after disclosure, or (ii) should <br /> reasonably be regarded as confidential or proprietary given the nature and circumstances of its <br /> disclosure. All proprietary information is Confidential Information. All business information that <br /> derives value in not being generally known to the public, or which has the potential to cause <br /> reputational damage to a Party, is Confidential Information. This Agreement is Confidential <br /> Information. <br /> h. Confidentiality Agreement. "Confidentiality Agreement" means an agreement between <br /> Participant and its Authorized Users that establishes Permitted Uses and all restrictions and <br /> obligations related to the access, use, maintenance, storage, and transfer of the Data and the <br /> Confidential Information made available pursuant to this Agreement. <br /> L Covered Entity. "Covered Entity"has the meaning ascribed to this term in 45 CFR§160.103. <br /> j. Data. The "Data" means all PHI, IIHI,and P I I accessed, used, maintained,stored, or transferred <br /> through the Data Platform or otherwise pursuant to this Agreement and the 2019 Primary Care <br /> Case Management Agreement Between The North Carolina Department of Health and Human <br /> Services Department of Health Benefits and North Carolina Community Care Networks, Inc. and <br /> any successor agreement between the State and N3CN authorizing use of State-owned data. <br /> k. Data Breach. "Data Breach" means an impermissible access, use, or disclosure of the Data that <br /> does or is likely to compromise the security or privacy of the Data. To be deemed likely to <br /> comprise the privacy or security of the Data,the unauthorized access,use,or disclosure must be <br /> determined to meet the following criteria: (i) The Data is clearly or likely to be identifiable to <br /> specific individuals; (ii) The person accessing, using, or disclosing the Data is acting In an <br /> unauthorized manneror outside the control of either Partyand is likely to use the Data otherthan <br /> for a Permitted Purpose; (iii) The Data was actually acquired or viewed; and (iv) the risk of an <br /> unpermitted use or disclosure causing harm to either Party or to the specific individual identified <br /> has not been or cannot be mitigated. <br /> 1. Data Platform. "Data Platform"means collectively the software,hardware,applications,systems, <br /> and other code and devices controlled, leased,or used by N3CN or any Affiliate to facilitate the <br /> acquisition, use, maintenance, storage, and transfer of Data between the Parties. The Data <br /> Platform also includes any backup systems and Data created and maintained to enable N3CN and <br /> Participant to recoverfrom any event resulting in a loss of access tothe Data Platform orthe Data. <br /> m. Enrollee. "Enrollee" means a person identified by the State as eligible for Medicaid or Health <br /> Choice services. <br /> n. Health Plan. "Health Plan"has the meaning ascribed to this term in 45 C.F.R.§160.103. <br /> Page 3 of 21 <br />