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Docusign'Envelope ID: 21C8916C-D962-408A-8F21-296OD56OB7D7 - __I NDMENT 3
<br />AMENDED AND RESTATED
<br />FY2026 AND FY2027 COMMUNITY SERVICES PERFORMANCE CONTRACT
<br />MASTER AGREEMENT AND SUPPLEMENTAL DOCUMENTS
<br />Portsmouth Department of Behavioral Healthcare Services
<br />Contract No. P1636.778.3
<br />requirements and applicable state statutes or regulations are contrary and state statutes or regulations
<br />are more stringent, as defined in 45 CFR § 160.202.
<br />2. The Parties shall execute a "PHI Data Sharing and Use Agreement" Exhibit C as a part of this
<br />Agreement governing the use, disclosure, and safeguarding of any HIPAA or 42 CFR Part 2- protected
<br />health information (PHI), personally identifiable information (PII), and other confidential data that the
<br />CSB exchanges with the Department and its state facilities to ensure the privacy and security of
<br />sensitive data. Additionally, should the CSB determine any third party, including those under contract
<br />with DBHDS and the Commonwealth, is a Business Associate of the CSB, the CSB shall be
<br />responsible for entering into business associate agreements (BAA) with vendors providing data
<br />platform, exchange, or other services/solutions to implement the Performance Contract, including those
<br />under contract with DBHDS and the Commonwealth.
<br />3. The Parties shall ensure sensitive data, including HIPAA-PHI, PII, and other confidential data,
<br />exchanged electronically with the Department, its state hospitals and training centers, other CSBs, other
<br />providers, regional or persons meets the requirements in the Federal Information Processing Standards
<br />(FIPS) 140-2 standard and is encrypted using a method supported by the Department and CSB. To
<br />ensure the privacy and security of PHI, Pll, and other confidential data and as necessary to comply with
<br />HIPAA, each Party shall execute a BAA with any person or entity, other than the party's workforce,
<br />who performs functions or activities on behalf of, or provides certain services to, the Party that involve
<br />access by the person or entity to PHI, PII, or other confidential data.
<br />B. Employment Anti -Discrimination
<br />1. The CSB shall conform to the applicable provisions of Title VII of the Civil Rights Act of 1964 as
<br />amended, the Equal Pay Act of 1963, Sections 503 and 504 of the Rehabilitation Act of 1973, the
<br />Vietnam Era Veterans Readjustment Act of 1974, the Age Discrimination in Employment Act of 1967,
<br />the Americans With Disabilities Act of 1990, the Virginians With Disabilities Act, the Virginia Fair
<br />Employment Contracting Act, the Civil Rights Act of 1991, regulations issued by Federal Granting
<br />Agencies, and other applicable statutes and regulations, including § 2.2-4310 of the Code. The CSB
<br />agrees as follows:
<br />2. The CSB will not discriminate against any employee or applicant for employment because of race,
<br />religion, color, sex, national origin, age, disability, or other basis prohibited by federal or state law
<br />relating to discrimination in employment, except where there is a bona fide occupational qualification
<br />reasonably necessary to the normal operation of the CSB. The CSB agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices setting forth the provisions of
<br />this nondiscrimination clause.
<br />3. The CSB, in all solicitations or advertisements for employees placed by or on behalf of the CSB, will
<br />state that it is an equal opportunity employer.
<br />4. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation
<br />shall be deemed sufficient for the purpose of meeting these requirements.
<br />C. Service Delivery Anti -Discrimination
<br />1. The CSB shall conform to the applicable provisions of Title Vl of the Civil Rights Act of 1964, Section
<br />504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Virginians with
<br />Disabilities Act, the Civil Rights Act of 1991, regulations issued by the U.S. Department of Health and
<br />Human Services pursuant thereto, other applicable statutes and regulations, and as further stated below.
<br />2. Services operated or funded by the CSB have been and will continue to be operated in such a manner
<br />that no person will be excluded from participation in, denied the benefits of, or otherwise subjected to
<br />discrimination under such services on the grounds of race, religion, color, national origin, age, gender,
<br />or disability.
<br />3. The CSB and its direct and contractual services will include these assurances in their services policies
<br />and practices and will post suitable notices of these assurances at each of their facilities in areas
<br />accessible to individuals receiving services.
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