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REV: 01-10-25 LR <br />The Parties agree that the StarVista clinicians must adhere to the privacy <br />requirements of the Health Insurance Portability and Accountability Act of <br />1996 (HIPAA). BHRS will train the StarVista clinicians on federal, state, and <br />local policies and procedures with respect to the confidentiality and use or <br />disclosure of protected health information of clients as necessary and <br />appropriate for the StarVista clinicians to carry out their functions. BHRS <br />will provide the StarVista clinicians with the appropriate Health System <br />policies and procedures, which are subject to change from time to time. <br />The County reserves the right to take appropriate action for violation of its <br />policies; such action may include the immediate termination of the contract <br />work with StarVista or strong recommendation of the immediate termination <br />of the specific StarVista clinician who violates Federal, State, or local law <br />and policy. <br />BHRS shall maintain beneficiary medical and/or clinical records for a period <br />of ten (10) years, except that the records of the persons under age eighteen <br />(18) at the time of treatment shall be maintained: a) until one (1) year <br />beyond the person's eighteenth (18th) birthday or b) for a period of ten (10) <br />years beyond the date of discharge, whichever is later. This rule does not <br />supersede professional standards (BHRS is allowed to maintain records for <br />a longer period of time if required by other regulations or licenses). <br />9. Hold Harmless and Indemnification <br />9.1. It is agreed that the County shall defend, hold harmless, and indemnify <br />each of the Cities and their officers, employees, agents, and servants from <br />any and all claims, suits, or actions of every name, kind, and description <br />brought by a third party which arise out of the terms and conditions of this <br />Agreement and which result from the acts or omissions of the County <br />and/or its officers, employees, agents, and servants. <br />9.2. It is agreed that each of the Cities shall defend, save harmless, and <br />indemnify the County and its officers, employees, agents, and servants <br />from any and all claims, suits, or actions of every name, kind, and <br />description brought by a third party which arise out of the terms and <br />conditions of this Agreement and which result from the acts or omissions of <br />a City or Cities and/or their respective officers, employees, agents and <br />servants. <br />9.3. The duty of each party to defend, hold harmless, and indemnify the other <br />as set forth herein shall include the duty to defend as set forth in Section <br />2778 of the California Civil Code. <br />9.4. In the event of concurrent negligence (or intentional/reckless acts) of a City <br />or Cities and/or their respective officers and employees, on the one hand, <br />ATTY/AGR.2025.004/BHRS of San Mateo County Health (Community Wellness Crisis Response Team MOU) (Page 7 of 17) <br />6.F. - Page 10 of 20 <br />181