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AG 2015 07 20
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AG 2015 07 20
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Last modified
7/21/2015 4:33:12 PM
Creation date
11/27/2017 10:38:32 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/20/2015
Board
Board of Commissioners
Meeting Type
Regular
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CONFIDENTIAL DRAFT CONFIDENTIAL DRAFT <br />breaches, as soon as possible. In the event a breach includes unauthorized or impermissible use or <br />disclosure of PHI, the parties will cooperate with each other in conducting the risk assessment and in <br />determining whether notification will be required under HIPAA's Breach Notification Rules. If <br />notification is required, CHS will make such final determination and will issue any notices relating to a <br />breach of PHI. <br />9. Confidentiality Except as required by law or as necessary to perform its obligations <br />hereunder, Employer agrees not to disclose the terms of this Agreement or any confidential or proprietary <br />information relating to CHS and its operations including, but not limited to, financial data; proprietary, or <br />trade secret information; strategic business plans, marketing plans, financial forecasts or other <br />competitively sensitive information; and, notwithstanding any authorizations from Clinic Users, patient <br />medical and billing records and other patient information created during the Term of this Agreement <br />without the express written consent of CHS, which consent CHS may withhold in its sole discretion. <br />Employer hereby acknowledges the confidential nature of the on -site clinic described herein and that <br />Clinic Users expect such clinic and any information provided by Clinic Users at such clinic to be <br />confidential. Employer hereby represents and warrants that it will respect the privacy of Clinic Users and <br />Employer will not attempt to obtain any such confidential health information unless authorized in writing <br />by such Clinic User or required by law as described in Section 8 of this Agreement. <br />10. Exclusivity Except for any other on -site medical services contracts to which Employer <br />is a party as of the date of this Agreement, the parties agree that CHS shall have the exclusive right to <br />provide to Employer the on -site medical services listed on Exhibit A attached hereto during the Term of <br />this Agreement. <br />11. Employer Reports CHS will provide Employer with quarterly reports of de- identified <br />Clinic User health information in the aggregate in order to help Employer ascertain the operational and <br />financial efficiency of the services provided hereunder. In conjunction with such reports, CHS has <br />entered into separate Data Analytics Agreements with Cigna and the Cabarrus County Health Plan, <br />Employer's health plans, pursuant to which each health plan will provide respective Plan participant <br />claims information to CHS in order for CHS to perform data analytics services hereunder. <br />Notwithstanding anything contained in this Agreement to the contrary, CHS does not guarantee a <br />financial impact on healthcare costs to Employer by providing the services under this Agreement. <br />12. Scheduling CHS shall be solely responsible for scheduling appointments herein for <br />Clinic Users at the on -site clinic described herein. In no event shall Employer perform any scheduling for <br />Clinic Users of the on -site clinic described herein at any time during the Term. <br />13. Termination. <br />(a) After the Initial Term, either party may terminate this Agreement without cause upon <br />thirty (30) days' written notice to the other party. <br />(b) Either party may terminate this Agreement immediately by delivering to the other party a <br />written notice of termination if the other party commits a material breach of any provision of this <br />Agreement and fails to cure that material breach no later than forty -five (45) days after the non - breaching <br />party gives written notice of the material breach to the other party; provided that if the party in breach is <br />diligently pursuing a cure that cannot reasonably be completed within such forty -five (45) day period, <br />then the party in breach shall be allowed such additional time as is reasonably necessary to complete such <br />cure. <br />2015 -09845 On -Site Agt at Employer — Cabarms County v.5 <br />F -3 Page 232 <br />
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