Common use of Project Identification Clause in Contracts

Project Identification. The User represents, and in furnishing the data file(s) specified in section 5 below, CMS relies upon such representation, that such data file(s) will be used solely for the following purpose of calculating the User’s Medicare fraction of the disproportionate patient percentage. The User represents further that the User shall not reuse, disclose, release, reveal, show, sell, rent, lease, loan, or otherwise grant access to the data covered by this Agreement to any person(s) or organization(s). Exception: The User may disclose, release, reveal or show individually identifiable data to the following entities (including individuals employed by or under contract with such entities) and individuals, to the extent necessary to calculate the User’s Medicare fraction of the disproportionate patient percentage: (1) CMS; (2) A fiscal intermediary under contract with CMS; (3) The PRRB; (4) A consultant or attorney or other representative under contract with the User to prosecute, or assist in the prosecution of, an administrative and/or judicial appeal of CMS’ calculation of its disproportionate patient percentage; (5) The Department of Justice (6) A Federal court. Any such grant of access by the User to individually identifiable data under the foregoing Exception shall be strictly limited to the extent necessary for the User to calculate its Medicare fraction of the disproportionate patient percentage – the User is expected to redact individually identifiable data and/or use code identifiers wherever possible. The User affirms that the requested data is the minimum necessary to achieve the purposes stated in this section. The User agrees that, within the User’s organization, access to the data covered by this Agreement shall be limited to the minimum number of individuals necessary to achieve the purpose stated in this section and only to those individuals on a need-to-know basis. Disclosure of this data is made pursuant to: • Privacy Act of 1974 5 U.S.C. Section 552a as amended; • Computer Matching and Privacy Protection Act of 1988 (P.L. 100-503); • Freedom of Information Act 5 U.S.C. Section 552 as amended by P.L. 104-231, 110 Stat. 3048; • Section 1106 of the Social Security Act (42 U.S.C. Section 1306); • Section 1843 of the Social Security Act (42 U.S.C. Section 1395v); and • Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule (45 C.F.R. Parts 160 and 164).

Project Identification. The User represents, and in furnishing the data file(s) specified in section 5 below, CMS relies upon such representation, that such data file(s) will be used solely for the following purpose purpose(s). To facilitate the administration of calculating a Federal health program for the User’s Medicare fraction purposes of determining participation requirements, evaluating and and/or assessing cost effectiveness, and/or the quality of health care services provided, and/or for setting long term care Nursing Facility reimbursement rates in the State that are directly related to the administration of the disproportionate patient percentageState Medicaid Program and to facilitate State compliance with the requirements of the Americans with Disabilities Act. Research Users must provide a summary explanation of the research project using the template in Attachment A which is incorporated by reference into this Agreement. Only direct CMS contractors and States are exempt from the Attachment A requirement to this Agreement. The User represents further that that, except as specified in an Enclosure to this Agreement or except as CMS shall authorize in writing, the User shall not reuse, disclose, release, reveal, show, sell, rent, lease, loan, or otherwise grant access to the data covered by this Agreement to any person(s) or organization(s). Exception: The User may disclose, release, reveal or show individually identifiable data to the following entities (including individuals employed by or under contract with such entities) and individuals, to the extent necessary to calculate the User’s Medicare fraction of the disproportionate patient percentage: (1) CMS; (2) A fiscal intermediary under contract with CMS; (3) The PRRB; (4) A consultant or attorney or other representative under contract with the User to prosecute, or assist in the prosecution of, an administrative and/or judicial appeal of CMS’ calculation of its disproportionate patient percentage; (5) The Department of Justice (6) A Federal court. Any such grant of access by the User to individually identifiable data under the foregoing Exception shall be strictly limited to the extent necessary for the User to calculate its Medicare fraction of the disproportionate patient percentage – the User is expected to redact individually identifiable data and/or use code identifiers wherever possible. The User affirms that the requested data is the minimum necessary to achieve the purposes stated in this section. The User agrees that, within the User’s organization, access to the data covered by this Agreement shall be limited to the minimum number of individuals necessary to achieve the purpose stated in this section and only to those individuals on a need-to-know basis. Disclosure of this data is made pursuant to: • Privacy Act of 1974 5 U.S.C. Section 552a as amended; • Computer Matching and Privacy Protection Act of 1988 (P.L. 100-503); • Freedom of Information Act 5 U.S.C. Section 552 as amended by P.L. 104-231, 110 Stat. 3048; • Section 1106 of the Social Security Act (42 U.S.C. Section 1306); • Section 1843 of the Social Security Act (42 U.S.C. Section 1395v); and • Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule (45 C.F.R. Parts 160 and 164). The User represents further that the facts and statements made in any study or research protocol or project plan(s) submitted to CMS for each purpose are complete and accurate. Further, the User represents that said study protocol(s) or project plan(s) that have been approved by CMS or other appropriate entity as CMS may determine, represent the total use(s) to which the data file(s) specified in section 5 below will be put.