CMS-07-021/023 - Los Angeles County Department of Children and ...

5.0 MISCELLANEOUS
EXHIBIT Y
agents of CONTRACTOR. CONTRACTOR shall retain no copies of the
Protected Health Information.
(b) In the event that CONTRACTOR determines that returning or destroying the
Protected Health Information is infeasible, CONTRACTOR shall provide to
COUNTY notification of the conditions that make it infeasible. If return or
destruction is infeasible, CONTRACTOR shall extend the protections of this
Contract to such Protected Health Information and limit further Uses and
Disclosures of such Protected Health Information to those purposes that make
the return or destruction infeasible, for so long as CONTRACTOR maintains
such Protected Health Information.
5.1 No Third Party Beneficiaries. Nothing in this Contract shall confer upon any
person other than the parties and their respective successors or assigns, any
rights, remedies, obligations, or liabilities whatsoever.
5.2 Use of Subcontractors and Agents. CONTRACTOR shall require each of its
agents and subcontractors receiving Protected Health Information from
CONTRACTOR, or creating Protected Health Information for CONTRACTOR, on
behalf of COUNTY, to execute a written agreement obligating the agent or
subcontractors to comply with all the terms of this Exhibit Y.
5.3 Relationship to Agreement Provisions. In the event that a provision of this Exhibit
Y is contrary to any other provision of this Contract, the provision of this Exhibit Y
shall control.
5.4 Regulatory References. A reference in this Contract to a section in the Privacy
Regulations means the section as in effect or as amended.
5.5 Interpretation. Any ambiguity in this Contract shall be resolved in favor of a
meaning that permits COUNTY to comply with the Privacy Regulations.
5.6 Amendment. The parties agree to take such action as is necessary to amend this
Contract from time to time as is necessary for COUNTY to comply with the
requirements of the Privacy Regulations.
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