South Carolina Medicaid Trading Partner Agreement (Page 4 of 8) in pdf

South Carolina Medicaid Trading Partner Agreement Page 4

South Carolina Medicaid

Trading Partner Agreement

Electronic Claims and Related Transactions

2. Termination or expiration of this Agreement for any reason shall

not release either Party from any liabilities or obligations set forth

in this Agreement.

E. Governing Law: this agreement shall be construed in accordance with and

governed by the laws of the state of South Carolina regardless of the

forum where it may come up for construction.

V. Confidentiality

A. Each Party agrees that during the term of this agreement, and for a period

of six (6) years thereafter, such Party shall use the same means it uses to

protect confidential proprietary information (including PHI), but in any

event not less than reasonable means to prevent the disclosure and to

protect the confidentiality both when:

1. Written information received from the other Party is marked or

identified as confidential.

2. Oral or visual information identified as confidential at the time of

disclosure is summarized in writing and provided to the other Party

in such written form promptly after such oral or visual disclosure.

B. The foregoing shall not prevent either Party from disclosing PHI that

belongs to such Party or is:

1. Already known by the recipient Party without an obligation of

confidentiality other than under this Letter Agreement.

2. Publicly known or becomes publicly known through no

unauthorized act of the recipient Party.

3. Rightfully received from a third party.

4. Independently developed by such Party without use of the other

Party’s PHI.

5. Disclosed without similar restrictions to a third party by the Party

owning PHI.

6. Approved by the other Party for disclosure.

7. Required to be disclosed pursuant to a requirement of a

governmental agency or law so long as the disclosing Party

provides the other Party with notice of such requirement prior to

any such disclosure. Each Party represents that it has the right to

disclose information that it has made and will make available to

the other hereunder.

Return all pages of TPA to: SC Medicaid TPA, P.O. Box 17, Columbia, S.C. 29202.

Call 1-888-289-0709 for assistance with questions.

REV.7 October 2003

South Carolina Medicaid Trading Partner Agreement Page 4