Common use of Audits, Inspection and Enforcement Clause in Contracts

Audits, Inspection and Enforcement. Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, contracts, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum Exhibit “M” for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsExhibit; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policiescontracts, policies and procedures does not relieve BA of its responsibility to comply with this AddendumExhibit “M”, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendumthis Exhibit “M”. BA shall notify CE within five ten (510) business days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, contracts, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum Exhibit “M” for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsExhibit; provided, Policy No. HHS-C-08/ Doc. No. HHS-C-004 [HIPAA Form 08-02] REV Aug 2, 2013 however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policiescontracts, policies and procedures does not relieve BA of its responsibility to comply with this AddendumExhibit “M”, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendumthis Exhibit “M”. BA shall notify CE within five ten (510) business days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. , BA shall notify CE within five ten (510) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CECOUNTY, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors COUNTY to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE COUNTY shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE COUNTY shall protect the confidentiality of all confidential and proprietary information of BA to which CE COUNTY has access during the course of such inspection; and (iii) CE COUNTY shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE COUNTY inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CECOUNTY’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CECOUNTY’s enforcement rights under the Contract or of Addendum. , BA shall notify CE COUNTY within five ten (510) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA Associate and its agents and subcontractors shall Agents or Subcontractors must allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use Use or disclosure Disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA Associate has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that that: (i) BA Associate and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, ; (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA Associate to which CE has access during the course of such inspection; and (iii) CE or Associate shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BAAssociate or CE. The fact that CE inspects, or fails to inspect, or has the right to inspect, BAAssociate’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA Associate of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA Associate or require BAAssociate’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or this Addendum. BA shall notify CE within five (5) days of learning that BA has become If Associate is the subject of an audit, compliance review, or complaint investigation by DHHS that is related to the Office performance of Civil Rights its obligations pursuant to this Addendum, Associate must notify CE and provide CE with a copy of any PHI that Associate provides to DHHS concurrently with providing such information to DHHS. If, as a result of an audit or other state or federal government entityinvestigation of Associate, DHHS assesses any civil penalties, Associate shall pay such penalties.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CEDepartment, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors Department to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE Department shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, . (ii) CE Department shall protect the confidentiality of all confidential and proprietary information of BA to which CE Department has access during the course of such inspection; and (iii) CE Department shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if . If requested by BA. The fact that CE Department inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, . policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CEDepartment’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CECounty’s enforcement rights under the Contract or Addendum. , BA shall notify CE Department within five ten (510) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA Associate and its agents and or subcontractors shall allow CE or its agents or subcontractors AAA to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA Associate has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that that: (i) BA Associate and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, ; (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA Associate to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BAAssociate. The fact that CE inspects, or fails to inspect, or has the right to inspect, BAAssociate’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA Associate of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA Associate or require BAAssociate’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entityContract.

Audits, Inspection and Enforcement. Within ten (10) 10)calendar days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. , BA shall notify CE within five ten (510) calendar days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BAXX. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and 18 its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of 19 Protected Information pursuant to this Addendum for the purpose of determining whether BA has 20 complied with this Addendum or maintains adequate security safeguardsAddendum; provided, however, that (i) BA and CE shall mutually agree in 21 advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during 22 the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms 23 mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to 24 inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does 25 CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any 26 unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement 27 rights under the Contract or Addendum. , BA shall notify CE within five ten (510) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights or other state or federal government entityRights.

Audits, Inspection and Enforcement. Within ten (10) days of a request by CE, BA and its agents and subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguards; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, and procedures does not relieve BA of its responsibility to comply with this Addendum, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute {00120732.3} acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or Addendum. BA shall notify CE within five (5) days of learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of Civil Rights or other state or federal government entity.

Audits, Inspection and Enforcement. Within ten (10) days of a written request by CE, BA and its agents and or subcontractors shall allow CE or its agents or subcontractors to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information Information, in written or electronic form, pursuant to this Addendum Agreement for the purpose of determining whether BA has complied with this Addendum or maintains adequate security safeguardsAgreement; provided, however, that (i) BA and CE shall mutually agree in advance upon the scope, timing, timing and location of such an inspection, (ii) CE shall protect the confidentiality of all confidential and proprietary information of BA to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by BA. BA will correct any violation of this Agreement found by CE and will certify in writing that the correction has been made. The fact that CE inspects, or fails to inspect, or has the right to inspect, BA’s facilities, systems, books, records, agreements, policies, policies and procedures does not relieve BA of its responsibility to comply with this AddendumAgreement, nor does CE’s (i) failure to detect or (ii) detection, but failure to notify BA or require BA’s remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE’s enforcement rights under the Contract or AddendumAgreement. BA shall notify CE within five ten (510) days of or learning that BA has become the subject of an audit, compliance review, or complaint investigation by the Office of for Civil Rights which concerns the use or other state or federal government entitydisclosure of Protected Information pursuant to this Agreement.