4. Privacy and Security Agreement and All Attachments (06-07-2017).pdf
PDF 154 KB Posted
- Solicitation number
- SFGOV-0000011976
- Issued by
- San Francisco County, San Francisco City, California
About this file
This is a Privacy and Security Agreement and Attestation document issued by the San Francisco Department of Public Health (SFDPH) Office of Compliance and Privacy Affairs (OCPA) dated June 7, 2017. The document establishes mandatory compliance requirements for all contractors and partners who receive or have access to health or medical information or electronic health record systems maintained by SFDPH. Contractors must complete two attestation forms: a Privacy Attestation Form and a Data Security Attestation Form. The Privacy Attestation requires contractors to confirm compliance with Health Insurance Portability and Accountability Act (HIPAA) regulations, including maintaining formal privacy policies, designating a Privacy Officer, implementing mandatory privacy training upon hire and annually thereafter, maintaining Business Associate Agreements with subcontractors, ensuring encrypted device usage for health information transfer, and providing patients with privacy notices in multiple languages (English, Cantonese, Vietnamese, Tagalog, Spanish, and Russian). The Data Security Attestation requires contractors to conduct data security assessments or audits at least every two years, implement formal data security policies and procedures compliant with HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH), designate a Data Security Officer, provide mandatory data security training, and maintain diagrams documenting SFDPH data flows with subcontractors and vendors.
All completed attestations must be retained in contractor files for a period of seven years and submitted to SFDPH upon request along with supporting documentation. Any contractor answering "No" to any question or claiming a requirement is not applicable must contact OCPA at 1-855-729-6040 or compliance.privacy@sfdph.org for consultation and obtain written approval from OCPA before contract execution. Additional requirements for contractors serving patients or clients include notifying the SFDPH Service Desk within two business days (or 24 hours for cause-related terminations) when employees with access to health information systems are terminated, documenting all disclosures of patient health information for purposes other than treatment or payment, obtaining signed authorization forms prior to releasing patient health information when required by law, and visibly posting the Summary of Notice of Privacy Practices in all six languages in common patient areas.
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San Francisco Department of Public Health (SFDPH) Office of Compliance and Privacy Affairs (OCPA) ATTACHMENT 1
Contractor Name: Contractor City Vendor ID
PRIVACY ATTESTATION
FORM REVISED 06072017 SFDPH Office of Compliance and Privacy Affairs (OCPA)
INSTRUCTIONS: Contractors and Partners who receive or have access to health or medical information or electronic health record systems maintained by SFDPH must complete this form. Retain completed Attestations in your files for a period of 7 years. Be prepared to submit completed attestations, along with evidence related to the following items, if requested to do so by SFDPH.
Exceptions: If you believe that a requirement is Not Applicable to you, see instructions below in Section IV on how to request clarification or obtain an exception.
I. All Contractors.
DOES YOUR ORGANIZATION… Yes No* A Have formal Privacy Policies that comply with the Health Insurance Portability and Accountability Act (HIPAA)?
B Have a Privacy Officer or other individual designated as the person in charge of investigating privacy breaches or related incidents?
If yes:
Name & Title:
Phone # Email:
C Require health information Privacy Training upon hire and annually thereafter for all employees who have access to health information? [Retain documentation of trainings for a period of 7 years.] [SFDPH privacy training materials are available for use; contact OCPA at 1‐855‐729‐6040.]
D Have proof that employees have signed a form upon hire and annually thereafter, with their name and the date, acknowledging that they have received health information privacy training? [Retain documentation of acknowledgement of trainings for a period of 7 years.]
E Have (or will have if/when applicable) Business Associate Agreements with subcontractors who create, receive, maintain , transmit, or access SFDPH’s health information?
F Assure that staff who create, or transfer health information (via laptop, USB/thumb‐drive, handheld), have prior supervisorial authorization to do so AND that health information is only transferred or created on encrypted devices approved by SFDPH Information Security staff?
II. Contractors who serve patients/clients and have access to SFDPH PHI, must also complete this section.
If Applicable: DOES YOUR ORGANIZATION… Yes No* G Have (or will have if/when applicable) evidence that SFDPH Service Desk (628‐206‐SERV) was notified to de‐provision employees who have access to
SFDPH health information record systems within 2 business days for regular terminations and within 24 hours for terminations due to cause?
H Have evidence in each patient's / client’s chart or electronic file that a Privacy Notice that meets HIPAA regulations was provided in the patient’s / client’s preferred language? (English, Cantonese, Vietnamese, Tagalog, Spanish, Russian forms may be required and are available from SFDPH.)
I Visibly post the Summary of the Notice of Privacy Practices in all six languages in common patient areas of your treatment facility?
J Document each disclosure of a patient's/client’s health information for purposes other than treatment, payment, or operations?
K When required by law, have proof that signed authorization for disclosure forms (that meet the requirements of the HIPAA Privacy Rule) are obtained
PRIOR to releasing a patient’s/client’s health information?
III. ATTEST: Under penalty of perjury, I hereby attest that to the best of my knowledge the information herein is true and correct and that I have authority to sign on behalf of and bind Contractor listed above.
ATTESTED by Privacy Officer or designated person
Name:
(print)
Signature Date
IV. *EXCEPTIONS: If you have answered “NO” to any question or believe a question is Not Applicable, please contact OCPA at 1‐855‐729‐6040 or compliance.privacy@sfdph.org for a consultation. All “No” or “N/A” answers must be reviewed and approved by OCPA below.
EXCEPTION(S) APPROVED
by OCPA Name (print) Signature Date
San Francisco Department of Public Health (SFDPH) Office of Compliance and Privacy Affairs (OCPA) ATTACHMENT 2
Contractor Name: Contractor City Vendor ID
DATA SECURITY ATTESTATION
FORM REVISED 06072017 SFDPH Office of Compliance and Privacy Affairs (OCPA)
INSTRUCTIONS: Contractors and Partners who receive or have access to health or medical information or electronic health record systems maintained by SFDPH must complete this form. Retain completed Attestations in your files for a period of 7 years. Be prepared to submit completed attestations, along with evidence related to the following items, if requested to do so by SFDPH.
Exceptions: If you believe that a requirement is Not Applicable to you, see instructions in Section III below on how to request clarification or obtain an exception.
I. All Contractors.
DOES YOUR ORGANIZATION… Yes No* A Conduct assessments/audits of your data security safeguards to demonstrate and document compliance with your security policies and the requirements of HIPAA/HITECH at least every two years? [Retain documentation for a period of 7 years] B Use findings from the assessments/audits to identify and mitigate known risks into documented remediation plans?
Date of last Data Security Risk Assessment/Audit:
Name of firm or person(s) who performed the Assessment/Audit and/or authored the final report:
C Have a formal Data Security Awareness Program?
D Have formal Data Security Policies and Procedures to detect, contain, and correct security violations that comply with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH)?
E Have a Data Security Officer or other individual designated as the person in charge of ensuring the security of confidential information?
If yes:
Name & Title:
Phone # Email:
F Require Data Security Training upon hire and annually thereafter for all employees who have access to health information? [Retain documentation of trainings for a period of 7 years.] [SFDPH data security training materials are available for use; contact OCPA at 1‐855‐729‐6040.]
G Have proof that employees have signed a form upon hire and annually, or regularly, thereafter, with their name and the date, acknowledging that they have received data security training? [Retain documentation of acknowledgement of trainings for a period of 7 years.]
H Have (or will have if/when applicable) Business Associate Agreements with subcontractors who create, receive, maintain , transmit, or access SFDPH’s health information?
I Have (or will have if/when applicable) a diagram of how SFDPH data flows between your organization and subcontractors or vendors (including named users, access methods, on‐premise data hosts, processing systems, etc.)?
II. ATTEST: Under penalty of perjury, I hereby attest that to the best of my knowledge the information herein is true and correct and that I have authority to sign on behalf of and bind Contractor listed above.
ATTESTED by Data Security Officer or designated person
Name:
(print)
Signature Date
III. *EXCEPTIONS: If you have answered “NO” to any question or believe a question is Not Applicable, please contact OCPA at 1‐855‐729‐6040 or compliance.privacy@sfdph.org for a consultation. All “No” or “N/A” answers must be reviewed and approved by OCPA below.
EXCEPTION(S) APPROVED by
OCPA
Name (print)
Signature Date
| SFDPH Business Associate Agreement |
| BAA All Attachments (06-07-2017) |
| BAA All Attachments (06-07-2017) |
| BAA all attachments (06-07-2017) UPDATED |
| SFDPH Attach 1 Attestation PRIVACY (06-07-2017) |
| SFDPH Attach 2 Attestation DATA SECURITY (06-07-17) |
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