2021/10/13 Council Agenda Packet

Through that authority, School provides professional liability coverage with limits of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate for its regents, employees, officers, agents, and students in the performance of this Agreement. 23. Training Site will defend, indemnify and hold School harmless from any loss, claim or damage arising from the negligent acts and omissions of Training Site and Training Site's employees, officers, and agents. Training Site will maintain at its own expense commercial general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate (or an equivalent program of self-insurance). If students at the Training Site will be involved in patient care, therapy, counseling, case management, or direct service social work, then Training Site will also maintain professional liability insurance with limits of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate (or an equivalent program of self-insurance). 24. If Training Site is a State of Washington agency, Training Site's obligations for insurance will be covered by the State of Washington Self -Insurance Program and the Tort Claims Act (RCW 4.92). Claims against Training Site and its employees and officers will be paid from the Tort Claims liability account as provided in RCW 4.92. 25. Upon request, both parties will provide proof of coverage upon execution of this Agreement. School and Training Site agree to notify each other in the case of material modification or cancellation of coverage, and to provide subsequent proof of coverage thereafter. Relationship of the School and the Training Site 26. It is expressly agreed that this Agreement is not intended to create the relationship of agent, servant, employee, partnership, joint venture or association between the School and the Training Site but is rather an Agreement by and between independent organizations. School students shall not be considered employees of the Training Site. Confidentiality Provisions 27. School shall direct its students to comply with the policies and procedures of Training Site, including those governing the use and disclosure of individually identifiable health information under federal law, specifically 45 CFR parts 160 and 164. School voluntarily provides its students with training on the requirements of the Health Insurance Portability and Accountability Act (HIPAA). Training Site agrees to provide information on Training Site's specific policies and procedures governing use and disclosure of protected health information. Solely for the purpose of defining the students' role in relation to the use and disclosure of Training Site's protected health information, the students are defined as members of the Training Site's workforce, as that term is defined by 45 CFR 160.103, when engaged in activities pursuant to this Agreement. However, the students are not and shall not be considered to be employees of the Training Site. Client Billing and Records 4 I Edited 7/1/2019