Regional Generic Provider Agreement - Ohio Department of Job and ...
Regional Generic Provider Agreement - Ohio Department of Job and ...
Regional Generic Provider Agreement - Ohio Department of Job and ...
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Baseline<br />
Covered Families <strong>and</strong> Children (CFC) Population<br />
Page 5<br />
origin, veteran's status, health status, or ancestry, discriminate against any citizen <strong>of</strong> this<br />
state in the employment <strong>of</strong> a person qualified <strong>and</strong> available to perform the services to<br />
which the provider agreement relates.<br />
B. MCP agrees that it shall not, in any manner, discriminate against, intimidate, or retaliate<br />
against any employee hired for the performance or services under the provider agreement<br />
on account <strong>of</strong> race, color, religion, gender, sexual orientation, age, disability, national<br />
origin, veteran's status, health status, or ancestry.<br />
C. In addition to requirements imposed upon subcontractors in accordance with OAC<br />
Chapter 5101:3-26, MCP agrees to hold all subcontractors <strong>and</strong> persons acting on behalf<br />
<strong>of</strong> MCP in the performance <strong>of</strong> services under this provider agreement responsible for<br />
adhering to the requirements <strong>of</strong> paragraphs (A) <strong>and</strong> (B) above <strong>and</strong> shall include the<br />
requirements <strong>of</strong> paragraphs (A) <strong>and</strong> (B) above in all subcontracts for services performed<br />
under this provider agreement, in accordance with rule 5101:3-26-05 <strong>of</strong> the <strong>Ohio</strong><br />
Administrative Code.<br />
ARTICLE VII - RECORDS, DOCUMENTS AND INFORMATION<br />
A. MCP agrees that all records, documents, writings or other information produced by MCP<br />
under this provider agreement <strong>and</strong> all records, documents, writings or other information<br />
used by MCP in the performance <strong>of</strong> this provider agreement shall be treated in<br />
accordance with rule 5101:3-26-06 <strong>of</strong> the <strong>Ohio</strong> Administrative Code. MCP must<br />
maintain an appropriate record system for services provided to members. MCP must<br />
retain all records in accordance with 45 CFR Part 74.<br />
B. All information provided by MCP to ODJFS that is proprietary shall be held to be strictly<br />
confidential by ODJFS. Proprietary information is information which, if made public,<br />
would put MCP at a disadvantage in the market place <strong>and</strong> trade <strong>of</strong> which MCP is a part<br />
[see <strong>Ohio</strong> Revised Code Section 1333.61(D)]. MCP is responsible for notifying ODJFS<br />
<strong>of</strong> the nature <strong>of</strong> the information prior to its release to ODJFS. Failure to provide such<br />
prior notification is deemed to be a waiver <strong>of</strong> the proprietary nature <strong>of</strong> the information,<br />
<strong>and</strong> a waiver <strong>of</strong> any right <strong>of</strong> MCP to proceed against ODJFS for violation <strong>of</strong> this<br />
agreement or <strong>of</strong> any proprietary or trade secret laws. Such failure shall also be deemed a<br />
waiver <strong>of</strong> trade secret protection in that the MCP will have failed to make efforts that are<br />
reasonable under the circumstances to maintain the information’s secrecy. ODJFS<br />
reserves the right to require reasonable evidence <strong>of</strong> MCP's assertion <strong>of</strong> the proprietary<br />
nature <strong>of</strong> any information to be provided <strong>and</strong> ODJFS will make the final determination <strong>of</strong><br />
whether any or all <strong>of</strong> the information identified by the MCP is proprietary or a trade<br />
secret. The provisions <strong>of</strong> this Article are not self-executing.<br />
C. MCP shall not use any information, systems, or records made available to it for any<br />
purpose other than to fulfill the duties specified in this provider agreement. MCP agrees<br />
to be bound by the same st<strong>and</strong>ards <strong>of</strong> confidentiality that apply to the employees <strong>of</strong> the<br />
ODJFS <strong>and</strong> the State <strong>of</strong> <strong>Ohio</strong>. The terms <strong>of</strong> this section shall be included in any<br />
subcontracts executed by MCP for services under this provider agreement. MCP must