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SECTION 14. AUDIT RIGHTS. Alliance shall have the right to inspect, examine, and make copies of
<br />any and all books, accounts, invoices, records and other writings relating to the performance of the Program
<br />described herein. Audits shall take place at times and locations mutually agreed upon by both parties.
<br />Notwithstanding the foregoing, the County must make the materials to be audited available within two (2)
<br />weeks of the request for them.
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<br />SECTION 15. NON-DISCRIMINATION - EQUITABLE TREATMENT OF PARTICIPANTS. The
<br />County shall not discriminate in their treatment of participants in the PORT program based on participants’ health
<br />status, source of payment, cost of treatment or participation in a health benefit plan, genetic information, or
<br />ethnicity. Further, the County agrees that Lesbian, Gay, Bisexual, Transgender, or Questioning (LGBTQ)
<br />participants who obtain covered services shall not be subject to treatment or bias that does not affirm the
<br />member’s identifying orientation.
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<br />SECTION 16. CONFIDENTIALITY.
<br /> 16.1 Health Insurance Portability & Accountability Act of 1996 (“HIPAA”). The County
<br />explicitly acknowledges and understands that it is required to comply with any and all applicable laws
<br />relating to privacy and/or security of protected health information (“PHI”) or other healthcare, public
<br />assistance or social services information, including but not limited to HIPAA and its implementing
<br />regulations, 45 CFR Parts 160, 162 & 164, as further expanded by the Health Information Technology for
<br />Economic and Clinical Health Act (HITECH Act), which was adopted as part of the American Recovery
<br />and Reinvestment Act of 2009, commonly known as “ARRA” (Public Law 111-5) and any subsequent
<br />modifications thereof, the Substance Abuse Confidentiality regulations set forth in 42 CFR Part 2, N.C.G.S.
<br />§ 122C-51, et seq., N.C.G.S. § 108A-80,10A NCAC Subchapter 26B, and DMH/DD/SAS Confidentiality
<br />Rules published as APSM 45-1 (effective January 2005).
<br />
<br /> 16.2 Confidentiality of Other Information (Non-PHI). “Confidential Information” shall
<br />mean any materials, written information, and data marked “Confidential” by Alliance or non-written
<br />information and data disclosed by Alliance that is identified at the time of disclosure to the County as
<br />confidential but shall not include PHI or healthcare, public assistance or social services information
<br />protected by the laws cited in Section 4, above, which is covered by the Business Associate Agreement
<br />attached hereto and incorporated herein. County shall take affirmative measures to protect Confidential
<br />Information, and, to the extent permitted by law, to maintain the Confidential Information in strict
<br />confidence for a period of three (3) years from the date of termination of this Contract. The term
<br />“Confidential Information,” as used herein, does not include any information which: (a) meets the definition of
<br />a public record under the NC Public Records Law; (b) is in the public domain; (c) has been made public other
<br />than by acts by the County in violation of this Contract; (d) that is independently known, obtained or
<br />discovered by the County; (e) that is hereafter supplied to the County by a third party without restriction;
<br />or (f) becomes available to County on a non-confidential basis.
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<br />SECTION 17. AVAILABILITY OF FUNDS.
<br />Alliance may terminate this Agreement if Federal, State or other government funds allocated for the
<br />purposes of this Agreement are revoked or terminated in a manner beyond the control of Alliance. If
<br />Federal, State or other government funds are reduced in a manner beyond the control of Alliance, Alliance
<br />will notify the County and provide payment to the County for Qualified Expenses expended under this
<br />Agreement up to the time of reduction. County hereby acknowledges and agrees that Alliance shall not be
<br />liable to the County for any loss of Federal, State or other government funds in the event of the revocation,
<br />termination or reduction of the same or for any other payments or damages arising from a lack of funding,
<br />including, but not limited to, general, special or consequential damages.
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<br />[Remainder Left Intentionally Blank]
<br />Docusign Envelope ID: 9931DABE-39D2-41B9-B4B8-59EA749D1B96Docusign Envelope ID: 774CC2B7-080D-4F98-95C7-27C25A56836D
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