HIPPA COMPLIANCE.pdf

HIPAA COMPLIANCE/CONFIDENTIALITY

Health Insurance Portability and Accountability Act (HIPAA) Standards Compliance

The Contractor agrees that it shall deliver systems and services that are compliant with Title II, Subtitle F, Section 261-264 of the Health Insurance Portability and Accountability Act of 1996

(HIPAA), Public Law 104-191, titled "Administrative Simplification" and the rules and regulations promulgated thereunder. In addition, the contractor will ensure compliance with all

HIPAA requirements across all systems and services related to this contract, including transaction, common identifier, and privacy and security standards, by the effective date of those rules and regulations. The Contractor will comply with the rules and regulations, and will implement these rules and regulations so as to achieve consistency in data collection, validation, storage, retrieval, and consolidation with all the Department’s programs.

HIPAA Security

The Contractor shall comply with all HIPAA data security requirements that may be necessary during the term of this contract.

HIPAA Business Associate

Individually identifiable health information is to be protected in accordance with the Health

Insurance Portability and Accountability Act of 1996 (HIPAA). By signing your offer, you certify that you will comply with the applicable requirements of the attached Appendix HIPAA Business

Associate document.

SAFEGUARDING INFORMATION

The Contractor must safeguard the use and disclosure of information concerning applicants for or recipients of Title XIX in accordance with 42 CFR §2.1, et seq., and 42 CFR Part 431 Subpart F

(2014, as amended), SCDHHS’ regulation 10 S.C. Code of State Regs. §126-170 (2012, as amended), and all other applicable state and federal laws and regulations and should restrict access to, and use and disclosure of, such information in compliance with said laws and regulations.

All Protected Health Information stored on portable devices must be encrypted. Portable devices include all transportable devices that perform computing or data storage, manipulation or transmission including, but not limited to, diskettes, CDs, DVDs, USB flash drives, laptops, PDAs, Blackberrys, cell phones, portable audio/video devices (such as iPODs, and MP3 and MP4 players), and personal organizers.

LAWSUIT NOTIFICATION AND COOPERATION

The Contractor shall notify the SCDHHS of any class action lawsuits asserted or brought against the Contractor, which are pending or known to the Contractor as of the date of submission of the proposal as well as any asserted or brought against the Contractor after the date of submission of the proposal and prior to the termination of the contract. The Contractor also agrees to cooperate with the SCDHHS and provide data, information, and documentation necessary to pursue litigation filed by or on behalf of the SCDHHS against any party other than the Contractor.

DEBARMENT NON-PROCUREMENT/SCREENING REQUIRMENTS

The Contractor agrees to comply with all applicable provisions of 2 CFR Part 180 (2014, as amended) as supplemented by 2 CFR Part 376 (2014, as amended), pertaining to debarment and/or suspension and to require its subcontractors to comply with these same provisions to ensure that no party receiving funds from this Contract are listed on the government-wide exclusions in the

System for Award Management (SAM).

CONTRACTOR KEY PERSONNEL

The Contractor in the performance of the contract should provide the individuals designated in its proposal. No diversion should be made by the Contractor without the written consent of the State.

Replacement of any personnel should be with personnel of substantially equal ability and qualifications.

Any person employed by the Contractor shall, at the written request of SCDHHS, be removed from the Contract within a reasonable time by the Contractor (not to exceed thirty (30) calendar days). In the event that an employee of the Contractor is removed from the Contract pursuant to a request by the State, the Contractor will have sixty (60) calendar days in which to fill the vacancy with another employee of equal ability and qualifications as evidenced by the State’s approval.

NON-DISCLOSURE

All materials and information provided to the Contractor in performance of the contract, whether verbal, written, recorded magnetic media, cards or otherwise should be regarded as confidential information, and the Contractor agrees to take all necessary steps to safeguard the confidentiality of such materials or information in conformance with Federal and State statutes and regulations, and in particular, in accordance with 42 CFR Part 431, Subpart F (2014, as amended), and

SCDHHS' regulations, 10 S.C. State Code of Regs. 126-170 (2012), as amended. The Contractor agrees not to release any information provided by the State or any information generated by the contractor without the express written consent of the State and further agrees not to use the data or materials for any other purpose other than its performance for the State under this contract.

The Contractor further agrees to have any of its employees, agents, or representatives who may be required to work with such data in the performance of the Contractor's work for the State individually educated about and responsible for compliance with the confidentiality standards, including any personal screening of its personnel by the State for security purposes and to execute upon request a non-disclosure agreement in favor of the State and/or the United States Department of Health and Human Services.

RESTRICTIONS FOR LOBBYING

In accordance with 31 U.S.C. 1352, funds received under this contract may not be expended to pay any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. This restriction is applicable to all subcontractors and should be included in all subcontracts.

SAFETY PRECAUTIONS

The State and U.S. Department of Health and Human Services assume no responsibility with respect to accidents, illness, or claims arising out of any work undertaken with the assistance of funds paid under the contract. The Contractor should take necessary steps to insure or protect itself and its personnel.

USE AND OWNERSHIP OF INFORMATION AND DOCUMENTATION

Reproduction of Documentation

All documentation (hardcopy and electronic media) and printed materials provided by the

Contractor to the State, other than those materials produced pursuant to this contract, may be reproduced by the State, provided that such reproduction is made solely for the internal use of employees of the State and further provided that no charge is made to anyone for such reproduction except where provided for by law, such as the Freedom of Information Act (FOIA), or as required by auditors.

Document Inspection and Retention

During normal business hours, the U.S. DHHS, the Comptroller General, the Office of the

Attorney General, South Carolina Budget and Control Board, the South Carolina State Auditor, the SCDHHS staff, through any authorized representative(s), should have the right at all reasonable times to enter into the Contractor's premises, or other such places where duties under the contract are being performed, to inspect, monitor, assess, audit, or otherwise evaluate the work performed or being performed under this contract. They should have the right to audit, examine and make copies, excerpts or transcripts from all records unless otherwise precluded by federal or State law;

contact and conduct private interviews with Contractor employees and do on-site reviews of all matters relating to this contract. This provision is applicable to any subcontractor and should be included in any subcontracts. If any inspection or evaluation is made on the premises of the

Contractor, or subcontractor, the Contractor should provide and should require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the authorized representatives in the performance of their duties. All such inspections and evaluations should be performed in such a manner that will not unreasonably delay work. Any subcontract permitted by the State should contain a provision that sets forth the subcontractor's agreement with the terms set forth in this section.

The Contractor should maintain an accounting system with the supporting fiscal records adequate to assure that all claims for funds are in accordance with the contract and all applicable laws, regulations and policies, both State and Federal. The Contractor should assure that all Contractor and subcontractor books, documents, papers, accounting records, or other evidence pertaining to costs incurred under this contract will be maintained for a period of at least five (5) years after the final payment under this contract and that SCDHHS, the Office of the Attorney General, the South

Carolina State Auditor, the U.S. Department of Health and Human Services (DHHS) and the

Comptroller General of the United States or any of their duly authorized representatives should have access to any such books for the purpose of making audits, examinations, excerpts, and transcripts for no less than five (5) years after the date of final payment under this contract or a resolution of audit findings, whichever is later.

The Contractor agrees to retain all financial records and programmatic records, supporting documents, and statistical records for a period of five (5) years after the last payment is made under the contract including any amendments and/or extensions to the contract. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the five (5) year period, the records should be retained until the completion of the action and resolution of all issues which arise from it, or until the end of the regular five year period, whichever is later. This provision is applicable to any subcontractor and should be included in any subcontracts.

Ownership of Data

All property rights, including software, data, and other records entered into any data base of the

State or supplied to the Contractor, publication rights in the interim, draft, and final reports and other documentation (hardcopy and electronic media) produced by the Contractor in connection with the work provided for under this contract, should rest with the U.S. DHHS and the State.

"Data" should mean all results, technical information and materials developed and/or obtained in the performance of the services hereunder including but not limited to, all reports, surveys, plans, charts, test data, program documentation, recordings (sound and/or video), pictures, drawings, analyses, graphic representations, printouts, notes and memoranda, and documents whether finished or unfinished, which result from or are prepared in connection with the services performed hereunder.

The State has the right to all working papers, reports, charts, programs, and other material during the course of this RFP.

All documents, reports, manuals, and other data prepared during and/or resulting from the performance of services under this contract should include the following statement: "The preparation of this (report or document, and so forth) was financed under an agreement with

SCDHHS with funds provided in part by the U.S. Department of Health and Human Services."

The Contractor may not publish or copyright any data without prior approval, unless otherwise stated herein. The State and the Federal Government should have the right to publish, duplicate, use and disclose all such data in any manner, and for any purpose whatsoever, and may authorize others to do so.

NO CONTRACTOR UTILIZATION OF WORKERS OUTSIDE OF THE UNITED

STATES

Neither Contractor nor any of its subcontractors may use workers located outside of the United

States of America or its territories to perform Contractor’s duties under the Contract.

APPLICABLE LAWS AND REGULATIONS

The Contractor agrees to comply with all applicable federal laws and regulations including constitutional provisions regarding due process and equal protection of the laws and including, but not limited to:

(i) All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §7401, et seq.) and the Federal Water Pollution Control

Act, as amended (33 U.S.C. §1251, et seq.).

(ii) Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. §2000d et seq.) and regulations issued pursuant thereto, (45 CFR Part 80), 2013 as amended, which provide that the Contractor must take adequate steps to ensure that persons with limited English skills receive free of charge the language assistance necessary to afford them meaningful and equal access to the benefits and services provided under this solicitation.

(iii) Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000e) in regard to employees or applicants for employment.

(iv) Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. §794), which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance, and regulations issued pursuant thereto (45

CFR Part 84, 2013, as amended).

(v) The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance.

(vi) The Omnibus Budget Reconciliation Act of 1981, as amended P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance.

(vii) The Americans with Disabilities Act, (42 U.S.C. §12101 et. seq.), and regulations issued pursuant thereto.

(viii) Title IX of the Education Amendments of 1972, (20 U.S.C. § 1681 et seq.).

(ix) The Hatch Act, as amended, (5 U.S.C. § 1501-1508), and regulations issued pursuant thereto.

(x) Section 6002 of the Solid Waste Disposal Act of 1965 as amended by the Resource

Conservation and Recovery Act of 1976 (42 U.S.C. §6962).