HomeMy WebLinkAboutAgreements/Contracts - GRIS (002)DSHS and County DSHS Contract Number
WM Was h in gto n state Agreement on Data 2163-91217
Department of Social
71/1V & Health Services Security Requirements
Transforming lives
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These General Terms and Conditions are between the state of Washington County Contract Number
Department of Social and Health Services (DSHS) and the County identified
below, These General Terms and Conditions govern work to be performed under
any Program Agreement between the parties. These Data Security
Requirements supersede and replace any previously executed Data Security
-Requirements as of the start date below.
TERM OF AGREEMENT: The term of this Agreement on General Terms and Conditions shall start and end on the
following dates, unless terminated sooner as provided herein.
t START DATE: February 1 st, 2021 END DATE: June 30th, 2023
COUNTY NAME DSHS INDEX NUMBER
Grant County 1221
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COUNTYADDRESS
PO Box 1057
Moses Lake, WA 98837
COUNTYTELEPHONE ----
Click here to enter text. COUNTY FAX
DSHS CENTRAL CONTRACT SERVICES ADDRESS DSHS CENTRAL CONTRACT '' SERVICES TELEPHONE'
Central Contracts and Legal Services (360) 664-6055
P.O. Box 45811
Olympia, WA 98504-5811
By their sicinatures below, the es aqree to this
COUNTY SIG NATU RE(S) A reem2nt on General Terms and Conditions.
DATE(S) PRINTED NAME(S) AND TITLE(S) TELEPHONE NUMBER
(INCLUDE AREA CODE)
C-
OIA"'
iiidy Carter, BI- t,�
/NA I
DSHS SIGNATME
DATE I PRINTED NAME AND TITLE
1 Russell Wrigg
L6/1 /202
A Contracts Consultant
DSHS Central Contract Services
8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021)
TELEPHONE NUMBER
(INCLUDE AREA CODE)
(360) 664-6047
Data Security Requirements
1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following
definitions:
a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing
tion of electronic data issued
Standards Publications for the encryption ed by the National Institute of
Standards and Technology (http://nvlpubs.nist-gov/nistpubs/FIPS/NIST.FIPS.197.pdf).
b. "Authorized Users(s)11 means an individual or individuals with a business need to access DSHS
Confidential Information, and who has or have been authorized to do so.
c. "Business Associate Agreement" means an agreement between DSHS a-nd a contractor who. is
receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability
and Accountability Act of 1996. Thea agreement establishes
g permitted and required uses and
disclosures of protected health information (PHI) in accordance with HIPAA requirements and
provides obligations for business associates to safeguard the information.
d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or
regulations that require especially strict protection of the data and from which especially
p y serious
consequences may arise in the event of any compromise of such data. Data classified as Category
4 includes but is not limited to data protected b : the Heal Portability g ry
p y Health Insurance Portability and Accountability
Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technologyfor Economic and
Clinical Health Act of 2009(HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights
and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service
Publication 1075 (https://www.irs-gov/pub/irs-pdf/pl075.pdf); Substance Abuse and Mental Health
Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records
42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20.
e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a
network outside the control of the Contractor. Physical storage of data in the cloud typically
multiple servers and often multiple locations. Cloud Yp y spans
p d storage can be divided between consumer
grade storage for personal files and enterprise grade for companies and governmental entities.
Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other
entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Racksp ace.
f. "Encrypt" means to encode Confidential Information into a format that can only Y be read b those
possessing a "key"; a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for
asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard(AES)must
be used if available.
g. "FedRAMP" means the Federal Risk and Authorization Management (see
Pro ram
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www.fedramp.gov), which is an assessment and authorization process that federalg overnment
agencies have been directed to use to ensure security is in place when accessing p Cloud computing
products and services.
h. "Hardened Password" means a string of at least eight characters containing at least three of the
following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral and special
characters such as an asterisk, ampersand, or exclamation point.
DSHS Central Contract Services
8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 2
i. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile
operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones,
most tablets, and other form factors.
j. "Multi -factor Authentication" means controlling access to computers and other IT resources by
requiring two or more pieces of evidence that the user is who they claim to be. These pieces of
evidence consist of something the user knows, such as a password or PIN; something the user has
such as a key card, smart card, or physical token; and something the user is, a biometric identifier
such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a
series of numbers which act as a password for a device. Since PINs are typically only four to six
characters, PINs are usually used in conjunction with another factor of authentication, such as a
fingerprint.
k. "Portable Device" means any computing device with a small form factor, designed to be transported
from place to place. Portable devices are primarily battery powered devices with base computing
resources in the form of a processor, memory, storage, and network access. Examples include, but
are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable
Device.
I. "Portable Media" means any machine readable media that may routinely be stored or moved
independently of computing devices. Examples include magnetic tapes, optical discs (CDs or
DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have
been removed from a computing device.
m. "Secure Area" means an area to which only authorized representatives of the entity possessing the
Confidential Information have access, and access is controlled through use of a key, card key,
combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or
locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access
to the Confidential Information is not available to unauthorized personnel. In otherwise Secure
Areas, such as an office with restricted access, the Data must be secured in such a way as to
prevent access by non -authorized staff such as janitorial or facility security staff, when authorized
Contractor staff are not present to ensure that non -authorized staff cannot access it.
n. "Trusted Network" means a network operated and maintained by the Contractor, which includes
security controls sufficient to protect DSHS Data on that network. Controls would include a firewall
between any other networks, access control lists on networking devices such as routers and
switches, and other such mechanisms which protect the confidentiality, integrity, and availability of
the Data.
o. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
2. Supersession of Prior Data Security Agreement. If the Parties hereto have previously entered into a
Data Security Requirements Agreement, both Parties hereby agree that upon mutual execution this
Agreement shall take precedence as the sole Data Security Agreement between the Parties.
3. Authority. The security requirements described in this document reflect the applicable requirements of
Standard 141.10 (12ttps:Hocio.wa.gov/r)olicies) of the Office of the Chief Information Officer for the state
of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference
material related to these requirements can be found here: hft s://www.dshs.wa. ov/ffa/kee in -dshs-
client-information- rivate-and-secure, which is a site developed by the DSHS Information Security
Office and hosted by DSHS Central Contracts and Legal Services.
DSHS Central Contract Services
8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 3
4. Administrative Controls. The Contractor must have the following controls inp lace:
a. A documented security policy governing the secure use of its computer network ands stems, and
systems,which defines sanctions that may be applied to Contractor staff for violating that policy.
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b. If the Data shared under this agreement is classified as Category 4, the Contractor must be aware
of and compliant with the applicable legal or regulatory requirements for that Category 4 Data.
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c. If Confidential Information shared under this agreement is classified as Category 4, the Contractor
must have a documented risk assessment for the system(s) housing the Category 4 Data.
5. Authorization, Authentication, and Access. In order to ensure that access to the Data is limited to
authorized staff, the Contractor must:
a. Have documented policies and procedures governing access to systems with the shared Data.
b. Restrict access through administrative, physical, and technical controls to authorized staff.
c. Ensure that user accounts are unique and that any given user account logon ID andp assword
combination is known only to the one employee to whom that account is assigned. Forur oses of
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non -repudiation, it must always be possible to determine which employee performed a given action
on a system housing the Data based solely on the logon ID used to perform the action.
d. Ensure that only authorized users are capable of accessing the Data.
e. Ensure that an employee's access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment, or the contract under which the Data is made available to them is
terminated. '
(3) When they no longer need access to the Data to fulfill the requirements of the contract.
f. Have a process to periodically review and verify that only authorized users have access to systems
containing DSHS Confidential Information.
g. When accessing the Data from within the Contractor's network (the Data stays within the
Contractor's network at all times), enforce password and logon requirements for users within the
Contractor's network, including:
(1) A minimum length of 8 characters, and containing at least three of the following character
classes: uppercase letters, lowercase letters, numerals, and special characters such as an
asterisk, ampersand, or exclamation point.
(2) That a password does not contain a user's name, logon ID, or any form of their full name.
(3) That a password does not consist of a single dictionary word. A password may be formed as a
passphrase which consists of multiple dictionary words.
(4) That passwords are significantly different from the previous four passwords. Passwords that
increment by simply adding a number are not considered significantly different.
DSHS Central Contract Services
8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 4
h. When accessing Confidential Information from an external location (the Data will traverse the
Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password
and logon requirements for users by employing measures including:
(1) Ensuring mitigations applied to the system don't allow end-user modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access. Examples would include
RADIUS and Citrix.
(4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a
component within the Trusted Network. The traffic must be encrypted at all times while
traversing any network, including the Internet, which is not a Trusted Network.
(5) Ensuring that the remote access system prompts for re -authentication or performs automated
session termination after no more than 30 minutes of inactivity.
(6) Ensuring use of Multi -factor Authentication to connect from the external end point to the internal
end point.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with another
authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token
(software, hardware, smart card, etc.) in that case:
(1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at
least one other authentication factor
(2) Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be
acceptable)
(3) Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be
acceptable)
j. If the contract specifically allows for the storage of Confidential Information on a Mobile Device,
passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case, letter, number).
(3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or
abcd12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
6. Protection of Data. The Contractor agrees to store Data on one or more of the following media and
protect the Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID
and Hardened Password or other authentication mechanisms which provide equal or greater
security, such as biometrics or smart cards.
DSHS Central Contract Services
8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 5
b. Network server disks. For Data stored on hard disks mounted on network servers and made
available through shared folders, access to the Data will be restricted to Authorized Users through
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the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock, or
comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as
long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above
paragraph. Destruction of the Data, as outlined below in Section 9 Data Disposition, may be
deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS
on optical discs which will be used in local workstation optical disc drives and which will not be
transported out of a Secure Area. When not in use for the contracted purpose, such discs must be
Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located
in an area which is accessible only to authorized personnel, with access controlled through use of a
key, card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Datarovided b
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DSHS on optical discs which will be attached to network servers and which will not be transported
out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through
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the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User ID and Hardened Password or other
authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on discs attached to such servers must be located in an area which is accessible only
to authorized personnel, with access controlled through use of a key, card key, combination lock or
comparable mechanism. '
e. Paper documents. Any paper records must be protected by storing the records in a Secure Area
which is only accessible to authorized personnel. When not in use, such records must be stored in
a Secure Area.
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or
Secure Access Washington (SAW) will be controlled by DSHS staff who will issue authentication
credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users on Contractor's
staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of
such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an
Authorized User's duties change such that the Authorized User no longer requires access to
perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on
portable devices or media unless specifically authorized within the terms and conditions of the
Contract. If so authorized, the Data shall be given the following protections:
(a) Encrypt the Data.
(b) Control access to devices with a Unique User ID and Hardened Password or stronger
authentication method such as a physical token or biometrics.
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8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 6
(c) Manually lock devices whenever they are left unattended and set devices to lock
automatically after a period of inactivity, if this feature is available. Maximumeriod of
inactivity is 20 minutes. p
(d) Apply administrative and physical security controls to Portable Devices and Portable Media
by:
i. Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are shared, and
iii. Taking frequent inventories.
(2) When being transported outside of a Secure Area, Portable Devices and Portable Media edea with
DSHS Confidential Information must be under the physical control of Contractor staff with
authorization to access the Data, even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential Information may be stored on Portable Media asart of a Contractor's
p cto r s
existing, documented backup process for business continuity or disaster recoverypurposes.
Such storage is authorized until such time as that p pose
s.
media would be reused during the course of
normal backup operations. If backup media is retired while DSHS Confidential Information
still
exists upon it, such media will be destroyed at that time in accordance with the disposition
requirements below in Section 9 Data Disposition.
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(2) Data may be stored on non-portable media (e.g. Storage Area Network drives virtu '
etc. as art of a Contractor's al media,
p existing, documented backup process for business continuity uity or
disaster recovery purposes. If so, such media will be protected as otherwise described i '
n this
exhibit. If this media is retired while DSHS Confidential Information still exists upon it the e d ata
will be destroyed at that time in accordance with the disposition Section 9
requirements below in S '
Data Disposition.
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Cloud storage. DSHS Confidential Information requires protections or equal to greater q g than those
specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor
the Contractor has control of the environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following
conditions are met:
(a) Contractor has written procedures in place governing use of the Cloud storage and
Contractor attests in writing that all such procedures will be uniformly followed.
(b) The Data will be Encrypted while within the Contractor network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within the Cloud storage solution.
(e) The Contractor will possess a decryption key for the Data, and the decryption key will be
possessed only by the Contractor and/or DSHS.
(f) The Data will not be downloaded to non -authorized systems, meaning systems that are not
on either the DSHS or Contractor networks.
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8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 7
(g) The Data will not be decrypted until downloaded onto a computer within the control of an
Authorized User and within either the DSHS or Contractor's network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless either:
(a) The Cloud storage provider is treated as any other Sub -Contractor, and agrees in
g writing to
all of the requirements within this exhibit; or,
(b) The Cloud storage solution used is Fed RAMP certified.
(3) If the Data includes protected health information covered by the Health Insurance Portability and
Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior
to Data being stored in their Cloud solution.
7. System Protection. To prevent compromise of systems which contain DSHS Dataor through which
'
that Data passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months
of being made available.
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b. The Contractor will have a method of ensuring that the requisiteatches and hotfixes
p have been
applied within the required timeframes.
C. Systems containing DSHS Data shall have an Anti-Malware application, if available installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and
database the system uses will be no g any malware
Y more than one update behind current.
8. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to
ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or
destruction. It also aids in determining whether DSHS Data has or may have been compromised '
Y promised in
the event of a security breach. As such, one or more of the followingmethods will be used
segregation.
ed for data
(1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc. which will '
non-DSHS Data. And/or,
p ) contain no
(2) DSHS Data will be stored in a logical container on electronic media, such as aarti
dedicated to DSHS Data. And/or, p tion or folder
(3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
(4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS HS data by
the value of a specific field or fields within database records.
(5) When stored as physical paper documents, DSHS Data will beh sicall segregated
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from non-
DSHS data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data then both the
DSHS Data and the non-DSHS data with which it is commingled must beas rotected d
this exhibit. p described in
DSHS Central Contract Services
8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 8
9. Data Disposition. When the contracted work has been completed or when the Data is no longer
needed, except as noted above in Section 6.b, Data shall be returned to DSHS or destroyed. Media on
which Data may be stored and associated acceptable methods of destruction are as follows:
Data stored on: Will be destroyed by:
Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at
least three (3) times using either random or single
Removable media (e.g. floppies, USB flash drives, character data, or
portable hard disks) excluding optical discs
Degaussing sufficiently to ensure that the Data
cannot be reconstructed, or
Physically destroying the disk
Paper documents with sensitive or Confidential Recycling through a contracted firm, provided the
Information contract with the recycler assures that the
confidentiality of Data will be protected.
Paper documents containing Confidential Information On-site shredding, pulping, or incineration
requiring special handling (e.g. protected health
information)
Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the
readable surface with a coarse abrasive
Magnetic tae Degaussing, incinerating or crosscut shrcddi
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10. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1)
business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must
be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also
take actions to mitigate the risk of loss and comply with any notification or other requirements imposed
by law or DSHS.
11. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a
subcontractor, the Contract with the subcontractor must include all of the data securityr '
this Contract and within an amendments attachments, provisions within
Y chments, or exhibits within this Contract. If the
Contractor cannot protect the Data as articulated within this Contract, then the contractsub-
Contractor with the sub
Contractor must be submitted to the DSHS Contact specified for this contract for review
and approval.
DSHS Central Contract Services
8046CF DSHS and County Agreement on Data Security Requirements (1-19-2021) Page 9