During the term of employment, and thereafter, staff members shall not make any disparaging remarks, or any remarks that could reasonably be construed as disparaging, regarding the business, its Subsidiaries, or its or their officers, directors, employees, stockholders, representatives, or agents. B&B Staffing shall, except to the extent otherwise required by applicable laws, rules, or regulations or as appropriate in the exercise of the Board’s fiduciary duties (as determined by advice of counsel), exercise reasonable efforts to cause the following individuals to refrain from making any disparaging statements, orally or in writing, regarding Executive from and after the termination of the Employment Period: the business executive staff and consultants.
During the course of employment, Employee may have access to personal health information (‘PHI”) relating to clients or patients of Provider. PHI may consist of medical records, billing, and financial records or any individually identifiable health information. PHI is protected by the Health Insurance Portability and Accountability Act (“HIPAA”). HIPAA permits access to PHI on a “need to know” basis. Therefore, unless authorization has been granted, any intentional accessing of PHI, or circumvention of PHI security protocols, is prohibited.
“Confidential Information” consists of PHI as well as proprietary information relating to Provider’s business, including but not limited to: medical and financial records, revenues, identification and account numbers and names, PINs, and passwords, or other information conveyed in writing or in a discussion that is indicated to be confidential.
Without Provider’s prior written consent, Employee will not: (a) disclose Confidential Information to any third party, whether electronically, orally, or in writing; (b) make or permit to be made copies or other reproductions of Confidential Information; (c) make any use of Confidential Information; or (d) use or disclose Confidential Information in violation of applicable law, including but not limited to HIPAA.
Upon Provider’s request, Employee shall immediately return all original materials provided by Provider and any copies, notes or other documents in Employee’s possession pertaining to Confidential Information.
