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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 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 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. | All organizations and individuals that provide products and services to the University of Nebraska Medical Center (UNMC) shall enter into a written contract with the Board of Regents of the University of Nebraska, a public body corporate, on behalf of 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 [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 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. | ||
===Executive Memorandum No. 14=== | ===Executive Memorandum No. 14=== | ||
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===Contract Types and Approvals=== | ===Contract Types and Approvals=== | ||
====Research Contracts==== | ====Research Contracts==== | ||
In compliance with Federal regulations, an individual designated as Authorized Organization Representative (AOR) is the only official authorized to sign on behalf of the institution. Signature by the AOR signifies the | In compliance with Federal regulations, an individual designated as Authorized Organization Representative (AOR) is the only official authorized to sign on behalf of the institution. Signature by the AOR signifies that the University agrees to comply with regulations and laws. Sponsored Programs Administration is the authorized signature official of UNMC for sponsored programs grants and contracts. | ||
====Purchases of Goods and Services==== | ====Purchases of Goods and Services==== | ||
Procurement is responsible for contracts where | Procurement is responsible for contracts where University funds are spent. The Board of Regents Policies and Bylaws provide thresholds that trigger bidding requirements, signature authority and other. Contracts for goods and services utilizing state funding must be reported through a state database under [https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=18635 LB 429] [https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=18635 (Legislative Bill)]. Procurement ensures that information security requirements are met for all [https://info.unmc.edu/procurement/_documents/contracts-quick-reference.pdf purchases]. | ||
====Licensed Technology==== | ====Licensed Technology==== | ||
[https://www.unemed.com/contact-us/staff-directory UNeMed] focuses on promoting the advancement and commercialization of UNMC technologies. UNeMed signs agreements such as MTAs, CDAs, and Licensing Agreements where rights to UNMC intellectual property are utilized. | [https://www.unemed.com/contact-us/staff-directory UNeMed] focuses on promoting the advancement and commercialization of UNMC technologies. UNeMed signs agreements such as MTAs, CDAs, and Licensing Agreements where rights to UNMC intellectual property are utilized. | ||
====Business Functions==== | ====Business Functions==== | ||
Agreements involving University stewardship and management of resources are signed by Business and Finance. | Agreements involving University stewardship and management of resources and revenue generating contracts are signed by Business and Finance. | ||
====Academic Agreements==== | ====Academic Agreements==== | ||
[https://www.unmc.edu/academicaffairs/compliance/affiliation-agreements.html 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 [mailto:jobshadow@nebraskamed.com (Office of Health Professions Education)]. Academic Affiliation Agreements are approved by the [https://www.unmc.edu/academicaffairs/about/index.html Office of the Vice Chancellor for Academic Affairs]. Contact your college representative responsible for drafting and negotiating Academic Affiliation Agreements or Academic Affairs at 402-559-5130 with questions. | [https://www.unmc.edu/academicaffairs/compliance/affiliation-agreements.html 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 [mailto:jobshadow@nebraskamed.com (Office of Health Professions Education)]. Academic Affiliation Agreements are approved by the [https://www.unmc.edu/academicaffairs/about/index.html Office of the Senior Vice Chancellor for Academic Affairs]. Contact your college representative responsible for drafting and negotiating Academic Affiliation Agreements or Academic Affairs at 402-559-5130 with questions. | ||
==Data Security/Protected Health Information== | ==Data Security/Protected Health Information== | ||
UNMC as part of an [https://www.unmc.edu/hipaa/about/affiliated-covered-entity-structure.pdf Affiliated Covered Entity] is obligated to protect patient information under HIPAA. Any UNMC contract that involves the | UNMC, as part of an [https://www.unmc.edu/hipaa/about/affiliated-covered-entity-structure.pdf Affiliated Covered Entity], is obligated to protect patient information under HIPAA. Any UNMC contract that involves the disclosure of protected health information (PHI) outside of UNMC and/or Nebraska Medicine must ensure that procedures and policies are followed to secure PHI. <br /> | ||
<br /> | <br /> | ||
When contracting outside UNMC and Nebraska Medicine for equipment purchases or transfer of PHI electronically, a security review is required by [https://wiki.unmc.edu/index.php/Privacy/Information_Security Information Security]. | When contracting outside UNMC and Nebraska Medicine for equipment purchases or transfer of PHI electronically, a security review is required by [https://wiki.unmc.edu/index.php/Privacy/Information_Security Information Security]. | ||
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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== | ==Business Associate Agreement== | ||
A | 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 them 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 [https://wiki.unmc.edu/index.php/Business_Associate_Agreements_and_Addendums_Procedures Business Associate Agreement or Addendum Procedure], an exception can only be approved by 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] | ||