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maintain, or cause to be secured and maintained, at all times during this MOA's term,
<br />policies of professional liability (malpractice, errors and omissions) insurance and/or self-
<br />insurance of at least $1.000,000 per incident and $3,000,000 aggregate against professional
<br />liabilities for itself and for its employed and/or contracted health care personnel. If either
<br />party's general or professional liability insurance is written in a "claims made," as opposed
<br />to an "occurrence" form, such party agrees to purchase or otherwise make arrangements for
<br />a "tail" or extended disclosure period policy for all activities so insured during the course
<br />of this MOA. In lieu of the professional liability insurance coverage specified above,
<br />Kittitas County Jail, at is option, may provide assurance to Comprehensive that Kittitas
<br />County Jail or Comprehensive staff providing services at Kittitas County Jail, as
<br />applicable, have Federal Tort Claims Act coverage for professional liability actions,
<br />claims, or proceedings arising out of any and all negligent acts or omissions committed in
<br />the course of providing health services to patients at Kittitas County Jail.
<br />2. Each party shall furnish evidence of insurance to the other party upon the other party's
<br />request, and upon the renewal of any required insurance coverage.
<br />3. Each party will give the other party thirty (30) days advance written notice of any
<br />modification, termination, suspension, expiration, or relinquishment of insurance set forth
<br />in Section V(l).
<br />4. Indemnification
<br />a. Comprehensive shall defend, indemnify and hold Kittitas County Jail, its
<br />officers, officials, employees and volunteers harmless from any and all claims,
<br />injuries, damages, losses or suits including attorney fees, arising out of or
<br />resulting from the acts, errors, or omissions of Comprehensive in performance of
<br />this Agreement, except for injuries and damages caused by the sole negligence of
<br />Kittitas County Jail.
<br />b. Kittitas County Jail shall defend, indemnify and hold Comprehensive its
<br />officers, officials, employees and volunteers harmless from any and all claims,
<br />injuries, damages, losses or suits including attorney fees, arising out of or
<br />resulting from the acts, errors, or omissions of Kittitas County Jail in
<br />performance of this Agreement, except for injuries and damages caused by the
<br />sole negligence ofComprehensive.
<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 of
<br />all patient information in accordance with all applicable state and federal laws and regulations
<br />regarding the confidentiality of such information, including, but not limited to, HIPAA. The
<br />parties shall comply with all requirements established by H1PAA regarding safeguarding and
<br />protecting individually identifiable health information from unauthorized disclosure, including
<br />any patient's individually identifiable health information.
<br />H&S MOA KCJ Page 5
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