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t: Access to the DSHS HEN Referral list Data Requirements10.9 <br />As required under RCW 43.185.C 230 and RCW 74.62.030 <br />HEN Referral List information for the sole purpose of imp <br />, the Lead/sub grantee maY use the <br />roving access to HEN assistance for <br />individuals determined eligible for a referralto HEN <br />Access to Data shall be limited to staff whose duties specifically require access to such Data in <br />the performance of their assigned duties. <br />prior to making Data available to its staff, the Data Recipient shall notify all such staff of the Use <br />and Disclosure requirements. <br />All staff accessing the data must sign a DSHS Nondisclosure of Confidentiol lnformation - Non <br />Emplovee form prior to accessing the Data. <br />The Lead/sub grantee shall maintain a list of such staff and their signed DSHS Nondisclosure of <br />Confidentiol tnformotion - Non Emplovee forms. These forms must be updated annually and <br />submitted to Commerce upon request. <br />Limitations on Use of Data: lf the Data and analyses generated by the Lead/sub grantee <br />contain personal information about DSHS clients, then any and all reports utilizing thes'e Data <br />shall be subject to review and approval by Commerce prior to publication in any medium or <br />presentation in anY forum. <br />1,. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have <br />the following definitions: <br />a. "AES" means the Advanced Encryption Standard, a specification of Federal <br />lnformation Processing Standards Publications for the encryption of electronic data <br />issued by the National lnstitute of Standards and Technology <br />(http://nvlpu bs.nist.eov/nistpubs/rt pS/N tST'rt pS. tgz.pdf)' <br />b. "Authorized Users(s)" means an individual or individuals with a business need to <br />access DSHS Confidential lnformation, and who has or have been authorized to do <br />so. <br />c. "Business ASsociate Agreement" means an agreement between DSHS and a <br />contractor who is receiving Data covered under the Privacy and Security Rules of the <br />Health lnsurance Portability and Accountability Act of 1996. The agreement <br />establishes permitted and required uses and disclosures of protected health <br />information (PHl) in accordance with HIPAA requirements and provides obligations <br />for business associates to safeguard the information' <br />d. "Category 4 Data" is data that is confidential and requires special handling due to <br />statutes or regulations that require especially strict protection of the data and from <br />which especially serious consequences may arise in the event of any compromise of <br />such data. Data classified as Category 4 includes but is not limited to data protected <br />by: the Health tnsurance Portability and Accountability Act (HIPAA), Pub- L. 104-t9t <br />as amended by the Health lnformation Technology for Economic and Clinical Health <br />Act of 2OO9 (H|TECH),45 CFR Parts 150 and 154; the Family Educational Rights and <br />privacy Act (FERPA), 20 U.S.C. 97232e;34 CFR Part 99; lnternal Revenue Service <br />59