Laserfiche WebLink
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 Kittitas County Jail agrees to comply with certain mandatory provisions regarding the <br />use and disclosure of substance abuse treatment information, as per 42 C.F.R. § 2.11, as <br />follows: <br />a. In receiving, storing, processing, or otherwise dealing with any protected substance <br />abuse information disclosed by Comprehensive Kittitas County Jail is fully bound by <br />the provisions of the federal regulations governing Confidentiality of Alcohol and <br />Drug Abuse Patient Records, 42 C.F.R. Part 2. Kittitas County Jail shall also be <br />bound by similar provision of Washington State law contained at RCW ch. 70.96A <br />and regulations promulgated thereunder. Notwithstanding the above, if <br />Comprehensive discloses protected substance abuse information to Kittitas County <br />Jail in violation of 42 C.F.R. Part 2 or RCW ch. 70.96A, Comprehensive agrees to <br />defend and hold harmless Kittitas County Jail from any and all claims or losses <br />arising out of Comprehensive's violation. <br />b. Kittitas County Jail acknowledges that any unauthorized disclosure of information <br />under 42 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 <br />by 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 infonmation <br />directly or indirectly related to a party that the other party (or its employees, agents, and <br />contractors) receives under this MOA, or about which it otherwise is aware. The parties (and <br />their employees, agents, and contractors) also agree not to disclose, except to each other, the <br />other party's proprietary information, professional secrets or other information obtained <br />under this MOA ("Confidential Information"), unless a party receives prior written <br />authorization to do so from the other party, or as authorized by law. Nothing contained <br />herein shall be construed to prohibit any appropriate government official from obtaining, <br />reviewing, and auditing any information, record, data, and data elements to which he/she or <br />his/her agency lawfully is entitled. Each party shall ensure that its employees or agents cease <br />using the other party's Confidential Information and return any Confidential Information in <br />its/his/her/their possession to the other party immediately upon termination of its/his/her/their <br />participation hereunder. Each party hereto acknowledges and agrees that upon this section's <br />breach by the other party, neither it nor its successor will have any adequate remedy at law <br />and, therefore, the non -breaching party, and/or its successor, is entitled to injunctive relief in <br />addition to any other available remedies. This section shall survive this MOA's termination. <br />4. The parties shall ensure that their respective employees, agents, and contractors are aware of <br />and shall comply with the aforementioned obligations. <br />H&S MOA KCJ Page 6 <br />