Laserfiche WebLink
4.9 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION <br />4.9.1 Contractor must notify the HCA Privacy Officer (Privac Officer hca.wa. ov) within <br />five Business Days of discovery of any Breach or suspected Breach of Confidential <br />Information. <br />4.9.2 Contractor will take steps necessary to mitigate any known harmful effects of such <br />unauthorized access including, but not limited to, sanctioning employees and taking <br />steps necessary to stop further unauthorized access. Contractor agrees to <br />indemnify and hold HCA harmless for any damages related to unauthorized use or <br />disclosure of Confidential Information by Contractor, its officers, directors, <br />employees, Subcontractors or agents. <br />4.9.3 If notification of the Breach or possible Breach must (in the judgment of HCA) be <br />made under the HI PAA Breach Notification Rule, or RCW 42.56.590 or RCW <br />19.255.010, or other law or rule, then: <br />4.9.3.1 HCA may choose to make any required notifications to the individuals, to <br />the U.S. Department of Health and Human Services Secretary (DHHS) <br />Secretary, and to the media, or direct Contractor to make them or any of <br />them. <br />4.9.3.2 In any case, Contractor will pay the reasonable costs of notification to <br />individuals, media, and governmental agencies and of other actions HCA <br />reasonably considers appropriate to protect HCA clients (such as paying <br />for regular credit watches in some cases). <br />4.9.3.3 Contractor will compensate HCA clients for harms caused to them by any <br />Breach or possible Breach. <br />4.9.4 Any breach of this clause may result in termination of the Contract and the demand <br />for return or disposition (Attachment 1, Section 6) of all Confidential Information. <br />4.9.5 Contractor's obligations regarding Breach notification survive the termination of this <br />Contract and continue for as long as Contractor maintains the Confidential <br />Information and for any breach or possible breach at any time. <br />4.10 CONTRACTOR'S PROPRIETARY INFORMATION <br />Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records <br />Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any <br />specific information that is claimed by Contractor to be Proprietary Information must be <br />clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, <br />HCA will maintain the confidentiality of Contractor's information in its possession that is <br />marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary <br />Information, HCA will notify Contractor of the request and of the date that such records will <br />be released to the requester unless Contractor obtains a court order from a court of <br />Washington State 14 Description of Services <br />Health Care Authority HCA Contract #K5885 <br />