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b. KCPHD shall defend, indemnify and hold Comprehensive, its officers, officials, <br />employees and volunteers harmless from any and all claims, injuries, damages, <br />losses or suits including attorney fees, arising out of or resulting from the acts, <br />errors, or omissions of KCPHD in performance of this Agreement, except for <br />injuries and damages caused by the sole negligence of Comprehensive. <br />C. The indemnification obligations stated herein shall survive the termination or <br />expiration of this MOA. <br />VI. Confidentiality <br />1. The parties (and their employees, agents, and contractors) shall maintain the confidentiality <br />of all patient information in accordance with all applicable state and federal laws and <br />regulations regarding the confidentiality of such information, including, but not limited to, <br />HIPAA. The parties shall comply with all requirements established by HIPAA regarding <br />safeguarding and protecting individually identifiable health information from unauthorized <br />disclosure, including any patient's individually identifiable health information. <br />2. Comprehensive has access to protected substance abuse information and is accordingly <br />considered a Qualified Service Organization ("QSO") pursuant to 42 C.F.R. Part 2, and <br />therefore KCPHD agrees to comply with certain mandatory provisions regarding the use and <br />disclosure of substance abuse treatment information, as per 42 C.F.R. § 2.11, as follows: <br />a. In receiving, storing, processing, or otherwise dealing with any protected substance <br />abuse information disclosed by Comprehensive, KCPHD is fully bound by the <br />provisions of the federal regulations governing Confidentiality of Alcohol and Drug <br />Abuse Patient Records, 42 C.F.R. Part 2. KCPHD shall also be bound by similar <br />provision of Washington State law contained at RCW ch. 70.96A and regulations <br />promulgated thereunder. Notwithstanding the above, if Comprehensive discloses <br />protected substance abuse information to KCPHD in violation of 42 C.F.R. Part 2 or <br />RCW ch. 70.96A, Comprehensive agrees to defend and hold harmless KCPHD from <br />any and all claims or losses arising out of Comprehensive's violation. <br />b. KCPHD acknowledges that any unauthorized disclosure of information under 42 <br />C.F.R. Part 2 is a federal criminal offense. <br />3. Except as necessary in this MOA's performance, or as authorized in writing by a party or by <br />law, the parties (and their employees, agents, and contractors) shall not disclose to any <br />person, institution, entity, company, or any other party, any proprietary business information <br />Page 6 of 10 <br />