Contracts: Difference between revisions

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Policy No.: '''8009'''<br />
Policy No.: '''8009'''<br />
Effective Date: '''11/01/06'''<br />
Effective Date: '''DRAFT'''<br />
Revised Date: '''07/01/11'''<br />
Revised Date: '''08/17/17'''<br />
Reviewed: '''07/01/11'''<br />  
Reviewed: '''07/01/11'''<br />  
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<big>'''Contracts Policy'''</big>
<big>'''Contracts Policy'''</big>
== Basis for Policy ==
== Basis for Policy ==
*[https://nebraska.edu/docs/board/bylaws.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]
The purpose of this policy is to provide guidance on who is authorized to sign contracts on behalf of the University of Nebraska Medical Center; and to make clear that individuals must have specific authority, as delegated in Board of Regents Policy [https://www.nebraska.edu/docs/board/RegentPolicies.pdf (RP – 6.3.1)], in [https://www.nebraska.edu/docs/president/13%20Delegation%20to%20Approve%20Academic-Admin%20Personnel%20Actions.pdf Executive Memorandum No. 13] and [https://www.nebraska.edu/docs/president/14%20Authority%20to%20Approve%20Contracts.pdf Executive Memorandum No. 14], and as specifically provided for in the UNMC [[Contract Signature Authority]] document, to sign such contracts.
*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 
*[http://www.gpo.gov/fdsys/pkg/PLAW-104publ191/pdf/PLAW-104publ191.pdf Health Insurance Portability and Accountability Act of 1996] (HIPAA) [45 CFR §164.502(e)(1)] 
*[http://www.gpo.gov/fdsys/pkg/PLAW-106publ102/pdf/PLAW-106publ102.pdf Gramm-Leach-Bliley Act](GLBA)[12 CFR §225.28]
 
==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 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:wlawlor@unmc.edu Controller].)
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].)
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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.
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). Health care providers providing treatment are exempt from the business associate requirements.
'''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. See the [https://info.unmc.edu/policies/compliance/index.html Business Associate Agreement template].
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'''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==
==Additional Information==
*For additional information, please contact the [mailto:sarah.glodencarlson@unmc.edu Chief Compliance Officer] or the [mailto:kswarts@unmc.edu Director, Business Services]
*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]
*[[Business Associate Agreements and Addendums Procedures]]
*[[Business Associate Agreements and Addendums Procedures]]
*[https://info.unmc.edu/policies/compliance/index.html 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])   
*[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/13%20Delegation%20to%20Approve%20Academic-Admin%20Personnel%20Actions.pdf Executive Memorandum 13], Delegation of Administrative Authority to Approve Academic-Administrative Personnel Actions   
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*IRS Publication [http://www.irs.gov/pub/irs-pdf/p15a.pdf 15-A]
*IRS Publication [http://www.irs.gov/pub/irs-pdf/p15a.pdf 15-A]
*[http://info.unmc.edu/procurement/_documents/indep_cont_agreement.doc Independent Contractor Agreement Template]
*[http://info.unmc.edu/procurement/_documents/indep_cont_agreement.doc Independent Contractor Agreement Template]
*UNMC Sapphire for Business Partner and Business Associate Agreements and Addendums
 


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