Common use of COLLECTION AND EVALUATION OF DATA AND INFORMATION Clause in Contracts

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to the designated COMMISSION staff in hard copy, and electronic format, or in such other format as requested by the designated COMMISSION staff. 2. The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSON’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub.

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services under this Contract includes, at COMMISSION’s direction, gathering data and information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of services under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy, copy and electronic format, or in such other format as requested by the designated COMMISSION staffformats. 2. The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. scientific In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSON’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub.

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services work under this Contract includesis, at COMMISSION’s direction, strictly limited to gathering data and information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of services work under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy, copy and electronic format, or in such other format as requested by the designated COMMISSION staffformats. 2. The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSON’s the participation and funding pursuant to Section XII with “Funded without endorsement, by First 5 LA” and shall provide COMMISSION with two (2) copies of the published material. 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. 104-191.), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXIV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information. 6. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA Administrative Simplification Regulations and Institutional Review Boards (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH ActIRBs”), which was enacted as part including obtaining informed consents. CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the American Recovery extent permitted by state and Reinvestment Act of 2009 (“ARRA”) (Pubfederal law, will share data and information gathered pursuant to this Contract with COMMISSION.

COLLECTION AND EVALUATION OF DATA AND INFORMATION. A. If CONTRACTOR’s performance of services work under this Contract includes, at COMMISSION’s direction, gathering data and information regarding one (1) or more of COMMISSION’s funding initiatives, evaluating the data and information, and reporting to COMMISSION its conclusions and recommendations arising out of that collection and evaluation process, then the following limitations shall apply to CONTRACTOR’s use of the data and information in addition to any other conditions and limitations imposed by this Contract: 1. The data and information collected by CONTRACTOR, in whatever form, shall be the joint property of the parties. To facilitate this joint ownership, CONTRACTOR shall provide data to COMMISSION at time intervals determined by the parties to be appropriate for CONTRACTOR’s performance of services work under this Contract. COMMISSION may internally use research findings and results generated from the data and information for planning purposes prior to CONTRACTOR’s publication of the findings and results. Neither COMMISSION nor CONTRACTOR shall disseminate the data and information beyond its internal staff without the other party’s consent. Within thirty (30) calendar days of the expiration or termination of this Contract, CONTRACTOR shall deliver a copy of all collected data and information to COMMISSION’s Executive Director and the designated COMMISSION staff in hard copy, copy and electronic format, or in such other format as requested by the designated COMMISSION staffformats. 2. The parties shall determine the timing, format and manner of the dissemination of the data and information and any report of CONTRACTOR’s results, conclusions or recommendations. COMMISSION shall attribute the collection and evaluation of the data and information to CONTRACTOR upon dissemination. The parties may enter into a royalty, licensing or reimbursement agreement, as appropriate, for either party’s use of the data and information. In published material arising out of academic or scientific activities, CONTRACTOR shall acknowledge COMMISSONCOMMISSION’s participation and funding pursuant to Section XII and shall provide COMMISSION with two (2) copies of the published material.with 3. CONTRACTOR shall implement and comply with adequate procedures to maintain the confidentiality of the data and information. 4. To the extent permitted by state and federal law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Pub. L. 104-191), the HIPAA Administrative Simplification Regulations (45 C.F.R. Parts 160, 162, and 164) and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (“ARRA”) (Pub. L. 111– 5), CONTRACTOR shall provide COMMISSION with all collected raw data and information, including individual identifiers, and, upon COMMISSION’s request, permit COMMISSION to review collected raw data and information at CONTRACTOR’s address specified in Section XXV of this Contract. 5. CONTRACTOR shall comply with all applicable state and federal laws governing the gathering, use and protection of personal data and information, including the HIPAA Administrative Simplification Regulations and HITECH Act. Any health care provider, health plan or health care clearinghouse that transmits health information in an electronic manner is considered a Covered Entity under HIPAA. If CONTRACTOR is legally considered a Covered Entity and/or if CONTRACTOR conducts business with Covered Entities, CONTRACTOR shall comply with HIPAA, the HIPAA Administrative Simplification Regulations and the HITECH Act. 6. If applicable, CONTRACTOR shall gather data and information in compliance with the requirements of HIPAA and Institutional Review Boards (“IRBs”), including obtaining informed consents. CONTRACTOR shall disclose in all informed consent forms used in the performance of this Contract that CONTRACTOR, to the extent permitted by state and federal law, will share data and information gathered pursuant to this Contract with COMMISSION.