Contracts: Difference between revisions

Revised Date: '''DRAFT 12/15/17'''<br />

==Policy==                                                    

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 University of Nebraska [http://www.nebraska.edu/docs/president/13%20Delegation%20to%20Approve%20Academic-Admin%20Personnel%20Actions.pdf 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 [[Contract Signature Authority]] Table. (Changes to the Contract Signature Authority Table should be forwarded to the [mailto:jeffrey.miller@unmc.edu Controller].) No individual shall sign a contract on behalf of the University of Nebraska Medical Center unless specifically identified by the [[Contract Signature Authority]] Table as having the authority to do so.

{| class="wikitable" width="%"

|valign="center"| Student and Academic Program Affiliations:

|valign="center"| Vice Chancellor for Academic Affairs Office

|valign="center"| Externally funded projects, including grants, contracts, cooperative<br \> agreements, subcontracts and other subrecipient & vendor agreements:

|valign="center"| Continuing Medical Education Program Agreements:

|valign="center"| All Others:

|valign="center"| Business Services

===Independent Contractors===

Independent contractors are 3rd parties who perform services for or provide products to UNMC who are neither employees nor volunteers. The [http://info.unmc.edu/procurement/_documents/indep_cont_agreement.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 Sciences, Business Services, or Sponsored Programs Administration (for grants or sponsored programs agreements).

====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.  

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The 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 Business Associate Agreement must be signed.    

====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 [http://www.gpo.gov/fdsys/pkg/PLAW-106publ102/pdf/PLAW-106publ102.pdf 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.  

====Use of UNMC Information Systems====

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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.

'''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. The [https://www.unmc.edu/hipaa/forms/docs/unmc-ba-agreement.docx UNMC Business Associate Agreement template] can be located at [https://www.unmc.edu/hipaa/forms/index.html https://www.unmc.edu/hipaa/forms/index.html].

'''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 IRS Publications 1779 and [http://www.irs.gov/pub/irs-pdf/p15a.pdf 15-A].

'''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.

*For additional information, please contact the [mailto:sarah.glodencarlson@unmc.edu Chief Compliance Officer] or the [mailto:wlawlor@unmc.edu Assistant Vice Chancellor for Business and Finance]

*[https://www.unmc.edu/hipaa/forms/index.html Business Associate Agreement and Addendums templates]

*[https://www.unmc.edu/hipaa/forms/docs/unmc-ba-agreement.docx UNMC Business Associate Agreement template]

*[https://nebraska.edu/docs/board/bylaws.pdf Section 6.4 of the Bylaws of the Board of Regents] 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])

*University of Nebraska [http://www.nebraska.edu/docs/president/13%20Delegation%20to%20Approve%20Academic-Admin%20Personnel%20Actions.pdf Executive Memorandum 13], Delegation of Administrative Authority to Approve Academic-Administrative Personnel Actions

*University of Nebraska [http://www.nebraska.edu/docs/president/14%20Authority%20to%20Approve%20Contracts.pdf Executive Memorandum 14], Delegation of Administrative Authority to Approve Certain Types of University Contracts, and Requirements for Submittal and Execution of Contracts Requiring Approval by the Board of Regents

*University of Nebraska [http://www.nebraska.edu/docs/president/26%20Information%20Security%20Plan%20%28GLB%20Compliance%29.pdf Executive Memorandum No. 26], Information Security Plan   

*University of Nebraska [http://www.nebraska.edu/docs/president/27%20HIPAA%20Compliance.pdf Executive Memorandum No. 27], HIPAA Compliance Plan