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Agmt11 Ca. Department of Public Health- Project LEAN
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Agmt11 Ca. Department of Public Health- Project LEAN
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Last modified
1/10/2012 3:04:16 PM
Creation date
1/10/2012 3:04:12 PM
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Agreement
Contractor Name
Ca. Department of Public Health (CDPH)
PROJECT NAME
California Project LEAN
RMP File Number
304.5
Date
11/30/2011
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California Depar[ment of Public Health - Special Terms and Conditions Exhibit D(F) <br /> 13. Confidentiality of Information <br /> a. The Contractor and its employees, agents, or subcontractors shall protect from unauthorized disclosure <br /> names and other identifying information concerning persons either receiving services pursuant to this <br /> Agreement or persons whose names or identifying information become available or are disclosed to the <br /> Contractor, its employees, agents, or subcontractors as a result of services pertormed under this <br /> Agreement, except for statlstical information not identifying any such person. <br /> b. The Contractor and its employees, agents, or subcontractors shall not use such identifying information for <br /> any purpose other than carrying out the Contractor's obligations under this Agreement. <br /> c. The Contractor and its employees, agents, or subcontractors shall promptly transmit to the CDPH <br /> Program Contract Manager all requests for disclosure of such identifying information not emanating from <br /> the client or person. <br /> d. The Contractor shall not disclose, excep[ as othenvise specifically permitted by this Agreement or <br /> authorized by the client, any such identifying information to anyone other than CDPH without prior written <br /> authorization from the CDPH Program Contract Manager, except if disclosure is required by State or <br /> Federal law. <br /> e. For purposes of this provision, identity shall include, but not be limited to name, identifying nwnber, <br /> symbol, or other identifying particular assigned to the individual, such as finger or voice print or a <br /> photograph. <br /> , f. As deemed applicable by CDPH, this provision may be supplemented by additional terms and conditions <br /> ! covering personal health information (PHI) or personal, sensitive, and(or confidential information (PSCI). <br /> Said terms und conditions wiil be ci3tlinad in one or more ezhibits that will either be attached to this <br /> Agreement or incorporated intu this Agreement by reference. <br /> 14. Documents, Publications and Written Reports <br /> (Applicable :o ayreemer,ts over $�,J00 under which publ�cations, w�itien reports and documents are <br /> developed or produced. Government Code Section 7550.) <br /> ! Any document, publication or written report (excludiny progress reports, fnancial reports and normal <br /> contractual communications) prepared as a requirement of this Agreement shall contain, in a separate section <br /> preceding the main body of the document, the number and dollar amounts of all contracts or agreements and <br /> subcontracts relating to the preparation of such document or report, if the total cost for work by nonemployees <br /> of the State exceeds $5,000. <br /> 15. Dispute Resolution Proc�ss <br /> a. A Contrector grievance exists whenever ihere is a dispute arising from CDPH's action in the <br /> administration of an agreement. If :here is a dispute or grievance between the Contractor and CDPH, the <br /> Contractor must seek resolution using the procedure outlined below. <br /> (1) The Contractor should flrst informally discuss the problem with the CDPH Program Contract Manager. <br /> If the problem cannot be resolved informally, the Contractor shall direct its grievance together with any <br /> evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the <br /> legal authority or other basis for the Contractor's position and the remedy sought. The Branch Chief <br /> shall render a decision within ten (10) working days after receipt of the written grievance from the <br /> Contractor. The Branch Chief shall respond in writing to the Contrector indicating ttie decisfon and <br /> reasons therefore. If the Contractor disagrees with the Branch Chiefs decision, the Contractor may <br /> appeal to the second level. <br /> (2) When appealing to the second level, the Contractor must prepare an appeai indicating the reasons for <br /> disagreement with Branch Chiefs decision. The Contractor shall include with the appeal a copy of the <br /> Contractor's original statement of dispute along with any supporting evidence and a copy of the <br /> Branch Chiefs decision. The appeal shall be addressed to the Deputy Director of the division in which <br /> CDPH Ezhibit D(F) (8/10) . Page 14 of 25 <br />
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