40DHHS-S3579 - Confidentiality Addendum.docx

STATE OF NEVADA

DEPARTMENT OF HUMAN SERVICES

DIVISION OF CHILD AND FAMILY SERVICES (DCFS)

CONFIDENTIALITY ADDENDUM

BETWEEN

Division of Child and Family Services Hereinafter referred to as “Division” and

Enter Vendor Name Here Hereinafter referred to as “Contractor”

This CONFIDENTIALITY ADDENDUM (the Addendum) is hereby entered into between Division and Contractor.

WHEREAS, Contractor may have access, view or be provided information, in conjunction with goods or services provided by Contractor to Division that is confidential and must be treated and protected as such.

NOW, THEREFORE, Division and Contractor agree as follows:

DEFINITIONS

The following terms shall have the meaning ascribed to them in this Section. Other capitalized terms shall have the meaning ascribed to them in context in which they first appear.

Agreement shall refer to this document and that particular inter-local or other agreement to which this addendum is made a part.

Confidential Information shall mean any individually identifiable information, health information or other information in any form or media.

Contractor shall mean the name of the organization described above.

Required by Law shall mean a mandate contained in law that compels a use or disclosure of information.

TERM

The term of this Addendum shall commence as of the effective date of the primary inter-local or other agreement and shall expire when all information provided by Division or created by Contractor from that confidential information is destroyed or returned, if feasible, to Division pursuant to Clause 6.

LIMITS ON USE AND DISCLOSURE ESTABLISHED BY TERMS OF CONTRACT OR LAW

Contractor hereby agrees it shall not use or disclose the confidential information provided, viewed or made available by Division for any purpose other than as permitted by Agreement or required by law.

PERMITTED USES AND DISCLOSURES OF INFORMATION BY CONTRACTOR

Contractor shall be permitted to use and/or disclose information accessed, viewed or provided from Division for the purpose(s) required in fulfilling its responsibilities under the primary inter-local or other agreement.

USE OR DISCLOSURE OF INFORMATION

Contractor may use information as stipulated in the primary inter-local or other agreement if necessary for proper management and administration of Contractor; to carry out legal responsibilities of Contractor, and to provide data aggregation services relating to health care operations of Division. Contractor may disclose information if:

The disclosure is required by law; or

The disclosure is allowed by the inter-local; or other agreement to which this Addendum is made a part; or

The Contractor has obtained written approval from the Division.

OBLIGATIONS OF CONTRACTOR

Agents and Subcontractors. Contractor shall ensure by subcontract that any agents or subcontractors to whom it provides or makes available information, will be bound by the same restrictions and conditions on the access, view or use of confidential information that apply to Contractor and are contained in Agreement.

Appropriate Safeguards. Contractor will use appropriate safeguards to prevent use or disclosure of confidential information other than as provided for by Agreement.

Reporting Improper Use or Disclosure. Contractor will immediately report in writing to Division any use or disclosure of confidential information not provided for by Agreement of which it becomes aware.

Return or Destruction of Confidential Information. Upon termination of Agreement, Contractor will return or destroy all confidential information created or received by Contractor on behalf of Division. If returning or destroying confidential information at termination of Agreement is not feasible, Contractor will extend the protections of Agreement to that confidential information as long as the return or destruction is infeasible. All confidential information of which the Contractor maintains will not be used or disclosed.

IN WITNESS WHEREOF, Contractor and the Division have agreed to the terms of the above written Addendum as of the effective date of the inter-local or other agreement to which this Addendum is made a part.

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