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Business Associate to cure the breach or end the violation and terminate the Contract if Business Associate does not cure the breach or end the violation within the time specified by the Covered Entity; or (b) immediately terminate the Contract if Business Associate has breached a material term of this Section of the Contract and cure is not possible; or (c) if neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. 5.2.12.3 Effect of Termination. Except as provided in 22.12.2 of this Section of the Contract, upon termination of this Contract, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. Business Associate shall also provide the information collected in accordance with clause 22.8.10 of this Section of the Contract to the Covered Entity within ten business days of the notice of termination. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the PHI. In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon documentation by Business Associate that return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Section of the Contract to such PHI and limit further uses and disclosures of PHI to those purposes that make return or destruction infeasible, for as long as Business Associate maintains such PHI. Infeasibility of the return or destruction of PHI includes, but is not limited to, requirements under state or federal law that the Business Associate maintains or preserves the PHI or copies thereof. 5.2.13 Miscellaneous Provisions. 5.2.13.1 Regulatory References. A reference in this Section of the Contract to a section in the Privacy Rule means the section as in effect or as amended. 5.2.13.2 Amendment. The Parties agree to take such action as is necessary to amend this Section of the Contract from time to time as is necessary for Covered Entity to comply with requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. 5.2.13.3 Survival. The respective rights and obligations of Business Associate shall survive the termination of this Contract. 5.2.13.4 Effect on Contract. Except as specifically required to implement the purposes of this Section of the Contract, all other terms of the Contract shall remain in force and effect. 5.2.13.5 Construction. This Section of the Contract shall be construed as broadly as necessary to implement and comply with the Privacy Standard. Any ambiguity in this Section of the Contract shall be resolved in favor of a meaning that complies, and is consistent with, the Privacy Standard. 5.2.13.6 Disclaimer. Covered Entity makes no warranty or representation that compliance with this Section of the Contract will be adequate or satisfactory for Business Associate’s own purposes. Covered Entity shall not be liable to Business Associate for any claim, civil or criminal penalty, loss or damage related to or arising from the unauthorized use or disclosure of PHI by Business Associate or any of its officers, directors, employees, contractors or agents, or any third party to whom Business Associate has disclosed PHI contrary to the provisions of this Contract or applicable law. Business Associate is solely responsible for all decisions made, and actions taken, by Business Associate regarding the safeguarding, use and disclosure of PHI within its possession, custody or control. 5.2.13.7 Indemnification. The Business Associate shall indemnify and hold the Covered Entity harmless from and against any and all claims, liabilities, judgments, fines, assessments, penalties, awards and any statutory damages that may be imposed or assessed pursuant to HIPAA, as amended, or the HITECH Act, including, without 34
limitation, attorney’s fees, expert witness fees, costs of investigation, litigation or dispute resolution, and costs awarded thereunder, relating to or arising out of any violation by the Business Associate and its agents, including subcontractors, of any obligation of Business Associate and its agents, including subcontractors, under this Section of the Contract, under HIPAA, the HITECH Act, the Privacy Rule and the Security Rule. 5.3 Confidential Information and Protection of Data 5.3.1 Contractor and Contractor Parties, at their own expense, have a duty to and shall protect from a Confidential Information Breach any and all Confidential Information which they come to possess or control, wherever and however stored or maintained, in a commercially reasonable manner in accordance with current industry standards. 5.3.2 Each Contractor and Contractor Parties shall implement and maintain a comprehensive data - security program for the protection of Confidential Information. The safeguards contained in such program shall be consistent with and comply with the safeguards for protection of Confidential Information, and information of a similar character, as set forth in all applicable federal and state law and written policy of the Department or State concerning the confidentiality of Confidential Information. Such data-security program shall include, but not be limited to, the following: 5.3.2.1 A security policy for employees related to the storage, access and transportation of data containing Confidential Information; 5.3.2.2 Reasonable restrictions on access to records containing Confidential Information, including access to any locked storage where such records are kept 5.3.2.3 A process for reviewing policies and security measures at least annually \ 5.3.2.4 Creating secure access controls to Confidential Information, including but not limited to passwords; and 5.3.2.5 Encrypting of Confidential Information that is stored on laptops, portable devices or being transmitted electronically. 5.3.3 The Contractor and Contractor Parties shall notify the Department and the Connecticut Office of the Attorney General as soon as practical, but no later than twenty-four (24) hours, after they become aware of or suspect that any Confidential Information which Contractor or Contractor Parties possess or control has been subject to a Confidential Information Breach. If a Confidential Information Breach has occurred, the Contractor shall, within three (3) business days after the notification, present a credit monitoring and protection plan to the Commissioner of Administrative Services, the Department and the Connecticut Office of the Attorney General, for review and approval. Such credit monitoring or protection plan shall be made available by the Contractor at its own cost and expense to all individuals affected by the Confidential Information Breach. Such credit monitoring or protection plan shall include, but is not limited to reimbursement for the cost of placing and lifting one (1) security freeze per credit file pursuant to Connecticut General Statutes § 36a-701a. Such credit monitoring or protection plans shall be approved by the State in accordance with this Section and shall cover a length of time commensurate with the circumstances of the Confidential Information Breach. The Contractors’ costs and expenses for the credit monitoring and protection plan shall not be recoverable from the Department, any State of Connecticut entity or any affected individuals 5.3.4 The Contractor shall incorporate the requirements of this Section in all subcontracts requiring each Contractor Party to safeguard Confidential Information in the same manner as provided for in this Section. 5.3.5 Nothing in this Section shall supersede in any manner Contractor’s or Contractor Party’s obligations pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a Business Associate. 5.3.6 All data provided to the Contractor by UCHC or developed internally by the Contractor with regard to UCHC shall be treated as proprietary to UCHC unless UCHC agrees in writing to the 35
Page 1 and 2: UNIVERSITY OF CONNECTICUT REQUEST F
Page 3 and 4: SECTION 1 Introduction/Overview 1.0
Page 5 and 6: Office supply vendors interested in
Page 7 and 8: 1.5 Method of Award Each proposal w
Page 9 and 10: Proposals must demonstrate an under
Page 11 and 12: proposals as noted in paragraph 1.9
Page 13 and 14: 2.8 “Should” indicates somethin
Page 15 and 16: 3.1.2 Vendor must have and maintain
Page 17 and 18: 3.5 Large Dollar Incentive The Univ
Page 19 and 20: UCHC. Please also include a scenari
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Page 23 and 24: s.) Ability to provide real-time co
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Page 69 and 70: Form Rev. 7/19/2011 EXHIBIT A - SEE
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Appendix A Core List & Non-Core Cat
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Appendix B Core List UCHC CP AVE111
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Appendix B Core List UCHC GS MAXCDR
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Appendix B Core List UCHC TP HEWCE2
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Appendix B Core List UCHC Universit
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Appendix C Storrs & UCHC Combined C
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UNIVERSITY OF CONNECTICUT STORRS RE
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Annual Usage UCHC for Fiscal Year 2
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Appendix F 1
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Appendix F 3
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Appendix F 5
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Appendix F 7
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Delivery Locations Storrs Regional
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APPENDIX H CONNECTICUT COLLEGES PUR
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Purchasing Department - University of Connecticut

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