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[[Compliance Program]] | [[Compliance Hotline]] | [[Investigations by Third Parties]] | [[Research Integrity]] | [[Copyright]] | [[Export Control]] | [[Code of Conduct]] | [[Use of Human Anatomical Material]] | [[Clinical Trial Fee Billing Procedures]] | [[Contracts]] | [[Conflict of Interest]] | [[Red Flag Identity Theft Prevention Program]] | [[Principles of Financial Stewardship]] | [[Human Tissue Use & Transfer]] | [[Compliance Program]] | [[Compliance Hotline]] | [[Investigations by Third Parties]] | [[Research Integrity]] | [[Copyright]] | [[Export Control]] | [[Code of Conduct]] | [[Use of Human Anatomical Material]] | [[Clinical Trial Fee Billing Procedures]] | [[Contracts]] | [[Conflict of Interest]] | [[Red Flag Identity Theft Prevention Program]] | [[Principles of Financial Stewardship]] | [[Human Tissue Use & Transfer]] | ||
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Policy No.: '''8009'''<br /> | |||
Effective Date: '''11/01/06'''<br /> | |||
Revised Date: '''07/01/11'''<br /> | |||
Reviewed: '''07/01/11'''<br /> | |||
<br /> | |||
<big>'''Contracts Policy'''</big> | |||
== Basis for Policy == | == Basis for Policy == | ||
* [http://www.nebraska.edu/board/bylaws2006.pdf Section 6.4 of the Bylaws of the Board of Regents] (BOR) of the University of Nebraska Board of Regents Policy on Administrative Approval of University Contracts ([http://www.nebraska.edu/docs/board/RegentPolicies.pdf RP – 6.3.1]) | * [http://www.nebraska.edu/board/bylaws2006.pdf Section 6.4 of the Bylaws of the Board of Regents] (BOR) of the University of Nebraska Board of Regents Policy on Administrative Approval of University Contracts ([http://www.nebraska.edu/docs/board/RegentPolicies.pdf RP – 6.3.1]) | ||
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==Policy== | ==Policy== | ||
=== Written Agreements Required === | === Written Agreements Required === | ||
All organizations and individuals that provide products and services to the University of Nebraska Medical Center (UNMC) shall enter into a written contract with UNMC. 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 [http://www.nebraska.edu/docs/president/13%20Delegation%20to%20Approve%20Academic-Admin%20Personnel%20Actions.pdf University of Nebraska Executive Memorandum No. 13] and [http://www.nebraska.edu/docs/president/14%20Authority%20to%20Approve%20Contracts.pdf Executive Memorandum No. 14], the Chancellor may delegate contract signature authority. Individuals with the authority to sign contracts on behalf of UNMC are listed in the [http://wiki.unmc.edu/ | All organizations and individuals that provide products and services to the University of Nebraska Medical Center (UNMC) shall enter into a written contract with UNMC. 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 [http://www.nebraska.edu/docs/president/13%20Delegation%20to%20Approve%20Academic-Admin%20Personnel%20Actions.pdf University of Nebraska Executive Memorandum No. 13] and [http://www.nebraska.edu/docs/president/14%20Authority%20to%20Approve%20Contracts.pdf Executive Memorandum No. 14], the Chancellor may delegate contract signature authority. Individuals with the authority to sign contracts on behalf of UNMC are listed in the [http://wiki.unmc.edu/images/f/f4/ContractSignature.pdf Contract Signature Authority Table]. (Changes to the Contract Signature Authority Table should be forwarded to the [mailto:wlawlor@unmc.edu Director, Financial Compliance and Cost Analysis].) | ||
<br /> | <br /> | ||
<br /> | <br /> | ||
Original contracts are maintained as follows:<br /> | Original contracts are maintained as follows:<br /> | ||
{| class="wikitable" width=" | {| class="wikitable" width="%" | ||
|valign=" | |valign="center"| Student and Academic Program Affiliations: | ||
|valign=" | |valign="center"| Vice Chancellor for Academic Affairs Office | ||
|- | |- | ||
|valign=" | |valign="center"| Externally funded projects, including grants, contracts, cooperative<br \> agreements, subcontracts and other subrecipient & vendor agreements: | ||
|valign=" | |valign="center"| Sponsored Programs Administration | ||
|- | |- | ||
|valign=" | |valign="center"| Continuing Medical Education Program Agreements: | ||
|valign=" | |valign="center"| Center for Continuing Education | ||
|- | |- | ||
|valign=" | |valign="center"| All Others: | ||
|valign=" | |valign="center"| Business Services | ||
|} | |} | ||
===Independent Contractors=== | ===Independent Contractors=== | ||
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<br /> | <br /> | ||
The GLBA addendum describes the permitted uses of the PSFI and the service provider’s responsibilities regarding it. If a service provider relationship exists with no written contract, a GLBA agreement must be signed. | The GLBA addendum describes the permitted uses of the PSFI and the service provider’s responsibilities regarding it. If a service provider relationship exists with no written contract, a GLBA agreement must be signed. | ||
====Use of UNMC Information Systems==== | ====Use of UNMC Information Systems==== | ||
When a person or entity outside UNMC, The Nebraska Medical Center, UDA and UNMC-P (“service provider”) requires electronic access to UNMC private network resources, and is not a business associate, the service provider shall sign a [http://sapphire.nebraska.edu/standard/Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Business Partner Agreement or Addendum]. | When a person or entity outside UNMC, The Nebraska Medical Center, UDA and UNMC-P (“service provider”) requires electronic access to UNMC private network resources, and is not a business associate, the service provider shall sign a [http://sapphire.nebraska.edu/standard/Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Business Partner Agreement or Addendum]. | ||
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<br /> | <br /> | ||
[http://sapphire.nebraska.edu/standard/html/wa08_Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Academic Affiliation Agreements]. | [http://sapphire.nebraska.edu/standard/html/wa08_Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Academic Affiliation Agreements]. Academic Affiliation agreements are required for all organizations accepting UNMC students and for all students who come to UNMC from other educational institutions for clinical experience. The academic affiliation template shall be used. Any modifications to the academic affiliation template must be approved by the Office of the Vice Chancellor for Academic Affairs. A fully executed original copy of the agreement is kept on file in the Office of the Vice Chancellor for Academic Affairs. | ||
== Definitions == | == Definitions == | ||
'''Business Associate''' is defined as a person or entity outside UNMC, The Nebraska Medical Center, University Dental Associates (UDA), and UNMC Physicians (UNMC-P) (the affiliated covered entity) that performs a function or activity on behalf of UNMC that involves the use or disclosure of protected health information (PHI). | '''Business Associate''' is defined as a person or entity outside UNMC, The Nebraska Medical Center, University Dental Associates (UDA), and UNMC Physicians (UNMC-P) (the affiliated covered entity) that performs a function or activity on behalf of UNMC that involves the use or disclosure of protected health information (PHI). Health care providers providing treatment are exempt from the business associate requirements. | ||
<br \> | <br \> | ||
<br \> | <br \> | ||
'''Independent Contractors''' are individuals or entities who perform services for or provide goods to UNMC, who are not employees or volunteers. The Internal Revenue Service (IRS) test for independent contractor status depends on three factors: behavioral control, financial control, and relationship of the parties. The general rule is that an individual is an independent contractor if the entity receiving services has the right to control or direct only the result of the work and not the means and methods of accomplishing the work. | '''Independent Contractors''' are individuals or entities who perform services for or provide goods to UNMC, who are not employees or volunteers. The Internal Revenue Service (IRS) test for independent contractor status depends on three factors: behavioral control, financial control, and relationship of the parties. The general rule is that an individual is an independent contractor if the entity receiving services has the right to control or direct only the result of the work and not the means and methods of accomplishing the work. For more information about independent contractor determination, see [http://www.irs.ustreas.gov/pub/irs-pdf/p1779.pdf IRS Publications 1779] and [http://www.irs.gov/pub/irs-pdf/p15a.pdf 15-A]. | ||
<br \> | <br \> | ||
<br \> | <br \> | ||
'''Protected Health Information (PHI)''' is individually identifiable health information. Health information means any information, whether oral or recorded in any medium, that: | '''Protected Health Information (PHI)''' is individually identifiable health information. Health information means any information, whether oral or recorded in any medium, that: | ||
*is created or received by UNMC; and | |||
*relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. | |||
<br /> | <br /> | ||
'''Protected Student Financial Information (PSFI)''' is information that UNMC has obtained from a student in the process of offering a financial product or service, or such information provided to UNMC by another financial institution. Offering a financial product or service includes offering student loans to students, receiving tax information from a student’s parent when offering a financial aid package and other financial services. Examples of student financial information include addresses, phone numbers, bank and credit account numbers, income and credit histories, and social security numbers in both paper and electronic format. | '''Protected Student Financial Information (PSFI)''' is information that UNMC has obtained from a student in the process of offering a financial product or service, or such information provided to UNMC by another financial institution. Offering a financial product or service includes offering student loans to students, receiving tax information from a student’s parent when offering a financial aid package and other financial services. Examples of student financial information include addresses, phone numbers, bank and credit account numbers, income and credit histories, and social security numbers in both paper and electronic format. | ||
==Additional Information== | |||
*For additional information, please contact the [mailto:swrobel@unmc.edu Compliance Officer] or the [mailto:kswartsl@unmc.edu Director, Business Services], or see [[Business Associate Agreements and Addendums Procedures]]. | |||
For additional information, please contact the [mailto:swrobel@unmc.edu Compliance Officer] or the [mailto:kswartsl@unmc.edu Director, Business Services], or see [[Business Associate Agreements and Addendums Procedures]]. | *[http://wiki.unmc.edu/images/f/f4/ContractSignature.pdf Contract Signature Authority Table]<br /> | ||
*[http://webmedia.unmc.edu/policy/8009IndepContTempl.doc Independent Contractor Agreement Template]*[http://sapphire.nebraska.edu/standard/Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Business Partner Agreement or Addendum] | |||
*[http://sapphire.nebraska.edu/standard/Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Business Associate Agreements and Addendums] | |||
[http://wiki.unmc.edu/ | |||
[http://webmedia.unmc.edu/policy/8009IndepContTempl.doc Independent Contractor Agreement Template] | |||
[http://sapphire.nebraska.edu/standard/Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Business Partner Agreement or Addendum] | |||
This page maintained by [mailto:dpanowic@unmc.edu dkp]. | This page maintained by [mailto:dpanowic@unmc.edu dkp]. | ||