PURPOSE This policy sets forth guidelines for the use of electronic Restricted Information by the Workforce (Employees). POLICY/PROCEDURE Users(s) may not reverse engineer or provide the means to reverse engineer, disassemble, de-compile, rent, loan, lease or make derivative products containing any elements, concepts or techniques for personal, private or commercial without written consent from SiliconMED and/or its developers. DEFINITIONS “Electronic Information Resources” includes, but is not limited to, computer equipment (servers, workstations, laptops and other portable computers), mobile devices (iPads, smartphones, digital cameras, etc.) software, storage media (USB drives, DVDs, CDs, magnetic tape, memory cards), networks, and computer accounts providing access to applications, electronic mail, Internet browsing, and other services. “Protected health information” or “PHI” is any individually identifiable health information, in any format, including verbal communications. “Individually identifiable” means that the health or medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual, such as the patient’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals the individual’s identity. PHI includes patient billing and health insurance information and applies to a patient’s past, current or future physical or mental health or treatment. “Electronic Protected Health Information” or “ePHI” is PHI that is transmitted by electronic media or is maintained in electronic media. For example, ePHI includes all data that may be transmitted over the Internet, or stored on a computer, a CD, a disk, magnetic tape or other media. “Personal Information (PI)” as used in this policy is an individual’s first name or first initial and last name combined with any one of the following: (1) social security number, (2) driver’s license number or California identification card number, (3) account number, credit, or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account, (4) medical information, or (5) health insurance information. “Medical Information” means any information, in either electronic or physical form, regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional, and which may be in the possession of or derived from a health care provider, health care service plan, pharmaceutical company or contractor. “Health insurance information” means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. Medical information and health insurance information for patients are also considered to be PHI. “Restricted Information” describes any confidential or Personal Information that is protected by law or policy and that requires the highest level of access control and security protection, whether in storage or in transit. This includes Personal Information, PHI and ePHI as defined in this section but could also include other types of information such as research data. “Account” is an identity used to gain access to a particular computer, system or application. “Device” means a computer, printer, wireless appliance, or other piece of equipment that can connect to and communicate over any institutional network. Devices would include, but are not limited to, laptops, PDAs, web servers databases file and other application servers, and medical and other devices with network connectivity. “Password” is an authorized user’s unique combination of numbers, letters, and/or symbols created by the user and used to securely access the institutional computer, network or e-mail resources. “Server” is a Device that provides some service for other Devices connected to it via the network. “User” is anyone who holds a valid account Institutional account, network user, computer, remote access and/or e-mail system. “Workforce” means employees, volunteers, and other persons whose conduct, in the performance of their work, is under the direct control of institution. The Workforce includes employees, medical staff, and other health care professionals, agency, temporary and registry personnel, and trainees, housestaff, students and interns, regardless of whether they are trainees or rotating through Health facilities from another institution. “Workstation” is defined for the purposes of this policy as a desktop or laptop computer. User(Agreement) I promise to read this Agreement carefully and retain it for future reference. I understand that the terms and conditions of this Agreement govern all aspects of my relationship with SiliconMED , including all transactions between SiliconMED Data Center and me and all products and services now or in the future offered through SiliconMED or its developers, beginning on the date my Account is opened. By entering into this Agreement, I acknowledge receipt of HIPAA Regulations & Standards Documentations. If I participate in other services provided by SiliconMED that require me to agree to specific terms and conditions electronically (through clicks or other actions) or otherwise, such terms and conditions will be deemed an amendment and will be incorporated into and made part of this Agreement. SiliconMED reserves the right to modify or terminate this Agreement anytime. I agree to consult the SiliconMED Web site regularly for up-to-date information about the service and associated fees and charges. If I determine that I am unwilling to be bound by the terms and conditions of this Agreement, I will not login to my account. SiliconMED reserves the right to decline any Account Application or to terminate any Account anytime and for any reason, in its sole discretion. In a reasonable time period, the User will receive back any entered raw data at a cost agreed upon using current market rates, in a format of SiliconMED's choosing. SiliconMED shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with SiliconMED services, including but not limited to damages for lost profits, loss of use, lost data, down time, loss of privacy, damages to third party even if SiliconMED has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. It will be the User(s) responsibility for the usage of his account and any consequences of this usage. Restricted Information may not be posted to social networking sites or shared in other public forums without prior approval from the Chief Privacy Officer. Workforce Certification: All workforce members must certify on an annual basis that they understand the terms and conditions applicable to their access to electronic restricted information. Completion will be documented and tracked by Human Resources. REFERENCES Health Insurance Portability and Accountability Act, 45 CFR 160-164 California Medical Information Act, California Civil Code Section 56 et seq. Information Practices Act of 1977, California Civil Code Sections 1798.29 and 1798.82. California Health and Safety Code Sections 1280.15 and 130203