Contracts: Difference between revisions

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[[Compliance Program]] | [[Compliance Hotline]] | [[Investigations by Third Parties]] | [[Research Integrity]] | [[Export Control]] | [[Code of Conduct]] | [[Use of Human Anatomical Material]] | [[Clinical Research and Clinical Trial Professional and Technical Fee Billing]] | [[Contracts]] | [[Conflict of Interest]] | [[Red Flag Identity Theft Prevention Program]] | [[Principles of Financial Stewardship]] | [[Human Tissue Use and Transfer]] | [[Disclosing Foreign Support and International Activities]] | [[Health Care Vendor Interactions]] | [[Credit Hour Definition]] | [[Whistleblower]]<br />
[[Compliance Program]] | [[Compliance Hotline]] | [[Investigations by Third Parties]] | [[Research Integrity]] | [[Export Control]] | [[Code of Conduct]] | [[Use of Human Anatomical Material]] | [[Clinical Research and Clinical Trial Professional and Technical Fee Billing]] | [[Contracts]] | [[Conflict of Interest]] | [[Red Flag Identity Theft Prevention Program]] | [[Principles of Financial Stewardship]] | [[Human Tissue Use and Transfer]] | [[Disclosing Foreign Support and International Activities]] | [[Health Care Vendor Interactions]] | [[Credit Hour Definition]] | [[Whistleblower]] | [[Electronic Digital Signatures and Records]]<br />
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Policy No.: '''8009'''<br />
Policy No.: '''8009'''<br />
Effective Date: '''11/01/06'''<br />
Effective Date: '''11/01/06'''<br />
Revised Date: '''07/21/23'''<br />
Revised Date: '''07/09/24'''<br />
Reviewed: '''07/21/23''' <br />
Reviewed: '''07/09/24'''<br />
<br />
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<big>'''Contracts Policy'''</big>
<big>'''Contracts Policy'''</big>
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==Policy==  
==Policy==  
=== Written Agreements Required ===
=== Written Agreements Required ===
Written contracts are required, and all contracts shall be entered into by the Board of Regents of the University of Nebraska, a public body corporate, on behalf of UNMC.  
Written contracts are required, and all contracts shall be entered into by the Board of Regents of the University of Nebraska, a public body corporate, on behalf of the University of Nebraska Medical Center.  


'''Delegation of Signature Authority'''
'''Delegation of Signature Authority'''


Pursuant to University of Nebraska Executive Memorandum No. 14, the President has delegated authority to each Chancellor to approve specific types of contracts described in Section 4 of RP -6.3.1. Pursuant to University of Nebraska [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-personnel-actions.pdf Executive Memorandum No. 13] and [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-types-of-university-contracts.pdf Executive Memorandum No. 14], the Chancellor may further delegate contract signature authority. Individuals with the authority to sign contracts on behalf of UNMC are listed in the UNMC [https://wiki.unmc.edu/images/8/83/UNMC_Exec.Memo.13_Signature_Authority.pdf Executive Memorandum 13 Contract Signature Authority] and UNMC [https://wiki.unmc.edu/index.php/Executive_Memo_14 Executive Memorandum 14 Contract Signature Authority] Tables. No individual shall sign a contract on behalf of the University of Nebraska Medical Center unless having specifically been delegated the authority to do so.
Pursuant to University of Nebraska Executive Memorandum No. 14, the President has delegated authority to each Chancellor to approve specific types of contracts described in Section 4 of RP -6.3.1. Pursuant to University of Nebraska [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-personnel-actions.pdf Executive Memorandum No. 13] and [https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/delegation-of-administrative-authority-to-approve-certain-types-of-university-contracts.pdf Executive Memorandum No. 14], the Chancellor may further delegate contract signature authority. Individuals with the authority to sign contracts on behalf of UNMC are listed in the UNMC [https://wiki.unmc.edu/images/8/83/UNMC_Exec.Memo.13_Signature_Authority.pdf Executive Memorandum 13 Contract Signature Authority] and UNMC [https://wiki.unmc.edu/index.php/Executive_Memo_14 Executive Memorandum 14 Contract Signature Authority] Tables. No individual shall sign a contract on behalf of the University of Nebraska Medical Center unless having specifically been delegated the authority to do so.
==='''Electronic and''' Digital Signatures===
===Electronic and Digital Signatures===
====Contractually Binding Signatures Governed by Executive Memoranda No. 13 and No. 14====
====Contractually Binding Signatures Governed by Executive Memoranda No. 13 and No. 14====
UNMC employees delegated signature authority through Executive Memoranda No. 13 and No. 14 shall utilize UNMC approved digital and electronic signatures in compliance with the [https://nebraskalegislature.gov/laws/statutes.php?statute=86-611 Nebraska Digital Signatures Act] or the Uniform Electronic Transactions Act [https://nebraskalegislature.gov/laws/statutes.php?statute=86-612 Neb. Rev. Stat. § 86-612 ''et seq''.]. <br />
UNMC employees delegated signature authority through Executive Memoranda No. 13 and No. 14 shall utilize UNMC approved digital and electronic signatures in compliance with the [https://nebraskalegislature.gov/laws/statutes.php?statute=86-611 Nebraska Digital Signatures Act] or the Uniform Electronic Transactions Act [https://nebraskalegislature.gov/laws/statutes.php?statute=86-612 Neb. Rev. Stat. § 86-612 ''et seq''.]. <br />
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| RESEARCH CONTRACTS, meaning federal awards, research grants and contracts and externally funded research related projects|| Sponsored Programs Administration, 402-559-7456, https://www.unmc.edu/spa/about/contact.html
| RESEARCH CONTRACTS, meaning federal awards, research grants and contracts and externally funded research related projects|| Sponsored Programs Administration, 402-559-7456, https://www.unmc.edu/spa/about/contact.html
Authorized Organization Representative and [mailto:ckratoch@unmc.edu Associate Vice Chancellor for Clinical Research]
Authorized Organization Representative and [mailto:ckratoch@unmc.edu Associate Vice Chancellor for Clinical Research]
UNeHealth, https://www.unmc.edu/spa/clinical-trials/unehealth/
Clinical Research Center, https://www.unmc.edu/cctr/resources/crc/index.html
|-
|-
| PURCHASES OF GOODS AND SERVICES  || Procure to Pay, [mailto:contracts@nebraska.edu contracts@nebraska.edu], Contracts+
| PURCHASES OF GOODS AND SERVICES  || Procure to Pay, [mailto:contracts@nebraska.edu contracts@nebraska.edu]
|-
|-
| LICENSED TECHNOLOGY  || UNeMed, 402-559-3274, https://www.unemed.com/contact-us/staff-directory
| LICENSED TECHNOLOGY  || UNeMed, 402-559-3274, https://www.unemed.com/contact-us/staff-directory
|-
|-
| BUSINESS FUNCTIONS || Business and Finance   
| BUSINESS FUNCTIONS || Business and Finance   
When UNMC is expending funds or procuring goods or services: Procure to Pay, [mailto:contracts@nebraska.edu contracts@nebraska.edu], Contracts+
When UNMC is expending funds or procuring goods or services: Procure to Pay, [mailto:contracts@nebraska.edu contracts@nebraska.edu]


When UNMC is receiving revenue: 402-559-5200, [mailto:alamer@unmc.edu Amy Lamer, Business Services, Risk Management Specialist] and copy [mailto:annebarnes@unmc.edu Vice Chancellor for Business and Finance and Business Development]
When UNMC is receiving revenue: 402-559-5200, [mailto:alamer@unmc.edu Amy Lamer, Business Services, Risk Management Specialist] and copy [mailto:annebarnes@unmc.edu Vice Chancellor for Business and Finance]


Stewardship and management of resources issues: [mailto:mhrncirik@unmc.edu Assistant Vice Chancellor for Business and Finance], 402-559-5200
Stewardship and management of resources issues: [mailto:mhrncirik@unmc.edu Assistant Vice Chancellor for Business and Finance and Controller], 402-559-5837
|-
|-
| ACADEMIC AGREEMENTS || Academic Affairs, 402-559-5130, https://info.unmc.edu/policies/academicaffairs/affiliation-agreements.html, https://www.unmc.edu/academicaffairs/, https://www.unmc.edu/academicaffairs/about/index.html
| ACADEMIC AGREEMENTS || Academic Affairs, 402-559-5130, https://info.unmc.edu/policies/academicaffairs/affiliation-agreements.html, https://www.unmc.edu/academicaffairs/, https://www.unmc.edu/academicaffairs/about/index.html
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[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/university-of-nebraska-information-security-plan.pdf University of Nebraska Executive Memorandum No. 26] describes protections of Student Financial Information required under Gramm Leach Bliley Act (GLBA), and protection of credit card information received in the course of business. When an activity requires use of protected financial information under Executive Memorandum No. 26, a GLBA Addendum must be added to the contract (the Addendum is attached as an exhibit to Memorandum 26).
[https://nebraska.edu/-/media/unca/docs/offices-and-policies/policies/executive-memorandum/university-of-nebraska-information-security-plan.pdf University of Nebraska Executive Memorandum No. 26] describes protections of Student Financial Information required under Gramm Leach Bliley Act (GLBA), and protection of credit card information received in the course of business. When an activity requires use of protected financial information under Executive Memorandum No. 26, a GLBA Addendum must be added to the contract (the Addendum is attached as an exhibit to Memorandum 26).
==Business Associate Agreement/Addendum==
==Business Associate Agreement/Addendum==
A business associate relationship exists when a person/entity outside of the ACE performs a function or activity on behalf of the ACE that requires business associates to use or disclose protected health information (PHI) in order to perform the function. If a business associate relationship exists with no written contract, a business associate agreement must be signed. If there is an existing contract with the business associate, a business associate addendum must be added. The [https://www.unmc.edu/hipaa/forms/index.html Business Associate Agreement template] can be located at https://www.unmc.edu/hipaa/forms/index.html. Refer to the [https://www.unmc.edu/hipaa/forms/docs/wedi-ba-decision-tree-v2.pdf Business Associate Decision Tree] as needed. All Business Associates are required to implement all HIPAA Security Rule Safeguards. In the event that a vendor cannot meet a specific requirement of the [[Business Associate Agreement or Addendums Procedure]], an exception can only be approved by the Vice Chancellor for Business, Finance and Business Development and the University’s Office of the Vice President and General Counsel.
A business associate relationship exists when a person/entity outside of the ACE performs a function or activity on behalf of the ACE that requires business associates to use or disclose protected health information (PHI) in order to perform the function. If a business associate relationship exists with no written contract, a business associate agreement must be signed. If there is an existing contract with the business associate, a business associate addendum must be added. The [https://www.unmc.edu/hipaa/forms/index.html Business Associate Agreement template] can be located at https://www.unmc.edu/hipaa/forms/index.html. Refer to the [https://www.unmc.edu/hipaa/forms/docs/wedi-ba-decision-tree-v2.pdf Business Associate Decision Tree] as needed. All Business Associates are required to implement all HIPAA Security Rule Safeguards. In the event that a vendor cannot meet a specific requirement of the [[Business Associate Agreements and Addendums Procedures|Business Associate Agreement or Addendums Procedure]], an exception can only be approved by the Vice Chancellor for Business, Finance and Business Development and the University’s Office of the Vice President and General Counsel.
==Additional Information==
==Additional Information==
*[mailto:sarah.glodencarlson@unmc.edu Chief Compliance Officer]
*[mailto:sarah.glodencarlson@unmc.edu Chief Compliance Officer]

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