Contracts: Difference between revisions

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'''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://webmedia.unmc.edu/policy/ContractSignature.doc 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].)

Original contracts are maintained as follows:

'''Independent Contractors'''

 

Independent contractors are 3rd parties who perform services for or provide products to UNMC who are neither employees nor volunteers. The  [http://webmedia.unmc.edu/policy/8009IndepContTempl.doc Independent Contractor Agreement Template] shall be used when entering into contracts with independent contractors who perform non-clinical services (with the exception of sponsored programs agreements and continuing medical education program agreements).  For clinical service agreements, contact UNMC Physicians (UNMC-P) or University Dental Associates (UDA) administration, as applicable.  Questions regarding independent contractor status or requests to modify the template shall be directed to the Associate General Counsel for Health Care, Business Services, or Sponsored Programs Administration (for grants or sponsored programs agreements).

 

* '''(A) Use of Protected Health Information (PHI) by an Outside Entity'''

 

:When a person or entity outside UNMC, The Nebraska Medical Center, UDA and UNMC-P performs a function or activity on behalf of UNMC that involves the use or disclosure of protected health information (PHI), the person or entity is a business associate of UNMC and a business associate addendum must be added to the contract for HIPAA compliance. Health care providers providing treatment are exempt from the business associate requirement.

:Academic affiliation agreement partners are not business associates.

:The [http://sapphire.nebraska.edu/standard/Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Business Associate Addendum] describes the permitted uses of the PHI and the business associate’s responsibilities regarding it. If a business associate relationship exists with no written contract, a [http://sapphire.nebraska.edu/standard/Business_forms.asp?Campus=UNMC&Want=Forms&Heading=HIPAA Business Associate Agreement] must be signed.         

* '''(B) Use of Protected Student Financial Information (PSFI) by an Outside Entity'''

:When a person or entity outside UNMC, The Nebraska Medical Center, UDA, and UNMC-P performs a function or activity on behalf of UNMC that involves protected student financial information (PSFI), a [https://unebapps01.nebraska.edu/slugo/download.nsf/UNMCWinFile?OpenView&Start=1&Count=50&Expand=2.3 Gramm-Leach-Bliley Act] (GLBA) Addendum must be added to the contract for GLBA compliance.

: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.    

 

* '''(C) 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].

:[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.<br />