AFFILIATION AGREEMENT WITH ASU 2026 - SIGNED.PDF
Extracted text (via pymupdf_layout)
25888 characters
Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C Maricopa County Correctional Health Services Arizona State University University Wide Julie Vo 08/01/2026 08/01/2031 Assistant Director, Office of Clinical Partnerships jhvo1@asu.edu 3250 W Lower Buckeye 480-727-3390 Suite 2100 clinicalpartnerships.asu.edu Phoenix AZ 85009 DataWarehouse Lisa Struble CHS Department Director lisa.struble@maricopa.gov 602-350-1745 www.maricopa.gov/1179/Correctional-Health-Services Students will participate in supervised clinical learning experiences within Maricopa County Correctional Health Services facilities. Under the supervision of qualified preceptors, students will gain observational and hands-on experience in the delivery of healthcare services within a correctional setting, including opportunities to observe and assist with patient care and other aspects of clinical professional practice consistent with their educational preparation, scope of practice, and program requirements. Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C AFFILIATION AGREEMENT Between MARICOPA COUNTY AND ARIZONA STATE UNIVERSITY I. PURPOSE: This Affiliation Agreement shall be effective on the date signed by the Maricopa County Board of Supervisors (“BOS”). The parties to this Affiliation Agreement are the Arizona Board of Regents, a body corporate for and on behalf of Arizona State University (“ASU”) and Maricopa County (“County”), a political subdivision of the State of Arizona, to be administered by its Department of Correctional Health Services (“CHS”), and other departments the County may designate from time to time (together, “Clinical Facility”). WHEREAS, ASU seeks to provide field training experiences for ASU’s students (“Students”) as part of their overall education; and WHEREAS, County, through its Clinical Facility, is willing to provide field training experiences to ASU’s Students; and WHEREAS, it is to the benefit of both ASU and Clinical Facility to cooperate in the educational preparation of Students, so as to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of community resources, NOW, THEREFORE, IT IS MUTUALLY AGREED that ASU may place selected Students in the Clinical Facility for such clinical training experiences (the “Program”) according to the following provisions: II. DEFINITIONS: As used throughout this Affiliation Agreement, the following terms shall have the meanings set forth below: A. Affiliation Agreement refers to this document and all attachments and amendments hereto. B. Authorized Use refers to Protected Health Information (“PHI”) provided by CHS to ASU that shall be used and/o r disclosed only as authorized by law including, but not limited to the treatment of individuals identified as homeless as needed in order to reduce recidivism. Except when otherwise required by law, disclosures of PHI pursuant to this Affiliation Agreement are subject to a minimum necessary determination by CHS (45 CFR § 164.502(b)). When reasonable to do so, CHS may rely upon the representations of ASU as to what information is the minimum necessary for their lawful purpose (45 CFR § 164.514(d) (3) (iii)). Information regarding substance use or abuse shall not be disclosed without the express written authorization of the individual. C. CHS refers to the Department of CHS. D. Clinical Facility refers to CHS and other departments the County may designate from time to time. E. County refers to Maricopa County. F. Criminal Justice Information refers to any confidential information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges, and any disposition arising therefrom, as well as confidential pre-booking or booking personal identifiable information, including date of birth, social security number, age, demographic information, projected release dates and release date information as defined in 5.U.S.C. § 552 and 5 U.S.C. § 552a. G. Director refers to the Director of CHS. H. Health Insurance Portability and Accountability Act (“HIPAA”) refers collectively to the HIPAA of 1996, codified at 42 U.S.C. § 1320d et seq., and the Health Information Technology for Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C Economic and Clinical Health Act, enacted as Title XIII of the American Recovery and Reinvestment Act of 2009, codified at 42 U.S.C. § 17921 et seq., and any current and future regulations promulgated thereunder, including but not limited to 45 C.F.R. Parts 160 and 164. I. PHI shall have the same meaning as defined under HIPAA and includes any information about health status, provision of health care or any individually identifiable information including Social Security Number, Age, Sex, Date of Birth, Patient Identification Number, Medical Record Documentation either paper or electronic, diagnosis, procedural information, and any other information directly linked and identifiable to a specific individual under the care, safety, and medical supervision of CHS. J. Program refers to clinical training experiences provided by the Clinical Facility to students of ASU. III. PROGRAM DESCRIPTION AND MUTUAL RESPONSIBILITIES OF THE PARTIES. A. Background Clearances and Jail Entry: ASU shall require students to submit required background clearance paperwork to Clinical Facility for approval before jail entry access is granted to students. Students who do not pass the required background clearances are ineligible to participate in the program. ASU shall require that its students always bring their government identification to exchange daily for a visitor’s badge for jail entry. B. Orientation: Clinical Facility will provide an orientation to ASU’s students regarding security rules, regulations, and processes, including, but not limited to, practices related to the HIPAA, infection control and standard precautions related to Occupational Safety and Health Administration (“OSHA”) regulatory compliance, and other information relevant to student’s participation in the program. C. Onboarding Compliance: ASU shall require that all participating students remain in compliance with the following onboarding documentation: 1. Tuberculosis (TB) results, renewed annually before expiration. 2. Basic Life Support (BLS) certification, renewed annually before expiration. 3. Measles, Mumps, and Rubella (MMR): Completed vaccination series -OR- laboratory report for titer testing. 4. Hepatitis B: Completed vaccination series, -OR- laboratory report for titer testing titer testing -OR- or Signed Declination statement for any student who refuses. 5. Varicella: Vaccination series -OR- laboratory report for titer testing titer testing -OR- Signed Attestation of past chickenpox. D. Scheduling: The parties shall mutually designate points of contact to assist in the scheduling and coordination of learning experiences for ASU’s students. The parties shall collaborate to establish the number of students eligible for placement in the program and the number of preceptors required in advance. The parties shall mutually require that preceptors and students arrive timely as scheduled. E. Sites: The Clinical Facility shall provide ASU’s students with access to safe physical facilities to support a learning environment as part of the program at the following sites: 1. Fourth Avenue Jail 201 South 4th Avenue, Phoenix, AZ 85003 2. Estrella Jail 2939 West Durango Road, Phoenix, AZ 85009 3. Lower Buckeye Jail 3250 West Lower Buckeye Road, Phoenix, AZ 85009 4. Towers Jail 3127 West Gibson Lane, Phoenix, AZ85009 5. Watkins Jail 2680 South 28th Drive, Phoenix, AZ 85009 6. Intake, Transfer, Release 2670 South 28th Drive, Phoenix, AZ 85009 F. Preceptors, Scope of Practice, and Observation: The Clinical Facility shall designate individuals to serve as preceptors to observe ASU’s students while performing duties within their scope of practice as part of the program. The preceptors shall submit resumes for consideration to ASU for 2 Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C review and formal approval in advance. Preceptors will provide students with the opportunities to fulfill the clinical experience requirements in both observational and supervised hands-on experience. The Preceptors will be responsible for instructing, training, and supervising the Students at all times during the program, including allowing the Students to observe and assist with patient care and in other aspects of clinical professional practice. G. Equipment: ASU shall require its students bring a stethoscope, penlight, pen, and paper. The Clinical Facility shall provide onsite medical equipment and supplies necessary for the administration of care to patients by ASU’s students. ASU is responsible for reimbursing the Clinical Facility for the costs associated with any damaged or lost equipment. The Clinical Facility shall provide ASU’s students with sufficient Personal Protective Equipment (PPE) to comply with all standard precautions pertaining to occupational exposure to bloodborne pathogens as set forth by the Occupational Safety and Health Administration (OSHA). H. Injuries: If ASU’s student is injured while onsite as part of the program, the Clinical Facility shall provide basic first aid and/or refer the student to the nearest emergency medical care facility. Student will be financially responsible for all medical expenses, including future medical expenses, related to such injury, illness, or exposure. IV. SPECIAL TERMS AND CONDITIONS: A. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”). ASU agrees that for purposes of FERPA, Clinical Facility will be considered an ASU official with a legitimate educational reason to have access to limited personally identifiable information from student records, hereinafter (“Student Information”), as described below. ASU agrees to provide authorized representatives of Clinical Facility limited Student Information and only that which is reasonably necessary for participation in the affiliation. No other Student Information will be provided. Clinical Facility acknowledges and agrees that Student Information provided by the ASU, or others on behalf of ASU, that directly relates to any of ASU’s students, including, but without limitation, academic information (e.g., coursework, grades, degrees earned, performance in other external rotations); professional information, (e.g., licenses obtained, suspension, revocation); training and/or certifications, health and other insurance information and, the results of any criminal background check and/or drug testing/treatment information is Student Information and is protected by FERPA. Clinical Facility represents and certifies that it will (1) protect the confidentiality of all Student Information; and will not, except with the written consent of the student, (2) use Student Information for any purpose other than to carry out the purposes of this Affiliation Agreement; or (3) disclose Student Information except to authorized individuals within its organization who have a legitimate need to know Student Information in order to carry out the purposes of this Affiliation Agreement. B. HIPAA. Students shall be instructed by Clinical Facility before beginning the Program concerning the confidentiality of medical information of Clinical Facility’s patients and standard precautions. For purposes of compliance with HIPAA, Students shall be considered part of Clinical Facility’s work force as that term is defined in HIPAA to include trainees and students. Students are not considered work force or employees of Clinical Facility for any other purposes, including by, and not limited to tax or employment law. C. POLICIES AND PROCEDURE GOVERNING STUDENTS. In addition to any policies and procedures of ASU that govern Students’ conduct, Students shall be subject to and follow Clinical Facility’s policies and procedures while participating in the Program, including but not limited to security rules to maintain a safe correctional environment. Notwithstanding any provision to the contrary, Students shall not be entitled to any defense or indemnity by the County, or to any stipends, benefits, terms, or rights that are afforded to the Clinical Facility’s employees, including workers’ compensation, health insurance or medical benefits, pension, retirement, or vacation or sick pay. D. TERM OF AGREEMENT: This Affiliation Agreement shall begin upon approval by the County’s BOS and shall terminate five years thereafter unless otherwise terminated or amended as provided 3 Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C herein. E. TERMINATION: This Affiliation Agreement may be terminated by either party with prior written notice to the other party. Such Notice of Termination by ASU shall be effective 30 calendar days after mailing by certified mail, return receipt requested, to CHS. CHS may terminate this Affiliation Agreement, in whole or in part, immediately upon providing either written or verbal notice to ASU when CHS deems the health or welfare of a patient is endangered. Either party may terminate this Affiliation Agreement immediately upon providing written or verbal notice when it deems that performance would be in violation of the law or order of a court of law. For any other cause, CHS may terminate this Affiliation Agreement upon 30 calendar days after mailing by certified mail, return receipt requested, to ASU. F. TERMINATION OF STUDENT EXPERIENCE. Upon the reasonable request of the Clinical Facility, ASU shall immediately remove a Student from the rotation if the Clinical Facility deems a Student poses a threat or danger to patients. For all other termination requests, the Clinical Facility shall provide such request in writing and allow ASU a reasonable time to effectuate removal. G. AMENDMENTS: Any changes to this Affiliation Agreement shall be in writing and signed by both parties. H. ASU’s & CHS’ RESPONSIBILITIES: ASU and CHS shall operate in a professional manner that conforms to all local, state, and federal codes and rules and within the standard of practice for the scope of each of the parties’ responsibilities. ASU and CHS shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to each party’s performance under this Affiliation Agreement. There are no financial responsibilities assigned by this Affiliation Agreement; the Affiliation Agreement is intended to allow ASU and CHS to work together in the educational preparation of ASU’s Students. I. RETENTION OF RECORDS: ASU and CHS shall maintain records and other relevant documents to this Affiliation Agreement for five years following the termination or expiration of the Affiliation Agreement; provided however, if any audit questions are unresolved at the end of that five-year period, all records and documents relating to such audit questions shall be maintained until those audit questions are resolved. J. NON-DISCRIMINATION: To the extent applicable, the parties, in accordance with A.R.S. § 41- 1461, et seq., shall provide equal employment opportunities for all persons, regardless of race, color, creed, religion, sex, age, national origin, disability or political affiliation. The parties shall comply with the Americans with Disabilities Act. K. EMPLOYMENT VERIFICATION: To the extent applicable, the parties shall comply with A.R.S. § 41-4401, all Federal immigration laws and regulations relating to its Students and/or employees, including compliance with A.R.S. § 23-214, Subsection A. L. GOVERNING LAWS: This Affiliation Agreement shall be governed by the laws of the State of Arizona. Any litigation arising from the Affiliation Agreement, or the performance thereof, will be decided in the federal or state courts of Maricopa County unless otherwise agreed to between the Parties. M. INDEMNIFICATION: Because ASU is a public institution, any indemnification, liability limitation, releases, or hold harmless provisions are limited as required by Arizona law, including Article 9, Sections 5 and 7 of the Arizona Constitution and ARS §§ 35-154 and 41-621. ASU’s liability under any claim for indemnification is limited to claims for property damage, personal injury, or death to the extent caused by acts or omissions of ASU. N. LIABILITY: Each party is responsible for the negligent or willful acts or omissions of its employees and agents when acting under such party’s direction and supervision. ASU recognizes 4 Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C an obligation to pay attorneys’ fees or costs only when assessed by a court of competent jurisdiction. Notwithstanding the terms of this Agreement or any other document: (i) other than for employees and agents acting under ASU’s direction and supervision, ASU is not responsible for any actions of any third parties, including its students; and (ii) no person may bind ASU unless they are an authorized signatory in PUR 107, which is located at the following link: https://www.asu.edu/aad/manuals/pur/pur107.html. O. INSURANCE: The ASU is self-insured through the State of Arizona, Arizona Department of Administration, Risk Management Division in accordance with A.R.S. 41-621. The ASU maintains insurance to cover liabilities arising from the acts and omissions of the ASU’s employees, students, and agents participating under this Agreement, except as provided for in Arizona law, including Arizona Revised Statutes (ARS) ARS §12-820.05 and 41-621(L). The ASU is not responsible for maintaining insurance coverage for liability arising from the acts and omissions of the County’s employees and agents. The ASU shall keep in full force and effect at all times during the term of this Agreement comprehensive general liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000.00) annual aggregate covering students and faculty. Professional liability insurance with limits of not less than one million dollars ($1,000,000) for each occurrence and three million dollars ($3,000,000) in the aggregate shall be maintained by the ASU if internship assignment involves the delivery of professional services. The ASU shall also maintain workers’ compensation for its employees as required by the respective state law. Upon written request, ASU will furnish County with reasonable documentation evidencing compliance with this section. P. EMPLOYMENT: Parties acknowledge that under this Affiliation Agreement, no Student participant of ASU is to be considered a County employee, and that no rights of County merit, County retirement, or County personnel rules shall accrue to such individual. Q. NON-JOINT VENTURE: This Affiliation Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture Affiliation Agreement, partnership or other formal business association or organization of any kind, and the right and obligations of the Parties shall be only those expressly set forth in this Affiliation Agreement. R. CONFLICTS OF INTEREST: This Affiliation Agreement is subject to the provisions of A.R.S. § 38-511. S. ARBITRATION: Notice is hereby given of ARS § 12-133 and ARS § 12-1518. T. FAILURE OF LEGISLATURE TO APPROPRIATE: In accordance with ARS § 35-154, if ASU's performance under this Agreement depends on the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then ASU may provide written notice of this to the County and cancel this Agreement without further obligation of ASU. Appropriation is a legislative act and is beyond the control of ASU. U. ADVERTISING, PUBLICITY, NAMES AND MARKS: Parties will not do any of the following, without, in each case, the other party’s prior written consent: (i) use any names, service marks, trademarks, trade names, logos, or other identifying names, domain names, or identifying marks of the other party for any reason, including online, advertising, or promotional purposes; (ii) issue a press release or public statement regarding this Agreement; or (iii) represent or imply any party endorsement or support of any product or service in any public or private communication. Any permitted use of the other party’s marks must comply with the party’s requirements, including using the ® indication of a registered mark. V. Environment of Respect: ASU fosters a learning and working environment built on respect and free of sexual harassment. The county acknowledges ASU’s expectations for an “Environment of Respect” available at this link, which may be modified from time to time 5 Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C (http://www.asu.edu/titleIX/Vendors-and-an-Environment-of-Respect-Title-IX.pdf).County, including its personnel, will (i) provide ASU students and staff with an Environment of Respect, (ii) immediately provide notice to ASU of any suspected violation of this section, and (iii) to the extent permitted by law, fully cooperate with ASU to address any actual or suspected violation hereof. W. PUBLIC RECORDS: Notwithstanding any other provision of this Affiliation Agreement to the contrary, CHS is subject to A.R.S. 39-121 through 39-128 regarding public records. Any provision regarding confidentiality is limited to the extent necessary to comply with the provisions of Arizona law. X. CONFIDENTIALITY OF RECORDS: 1. Neither party shall use or disclose any PHI received from the other in any manner that would constitute a violation of this Affiliation Agreement or federal or state law. Each party shall take reasonable measures to require that its directors, officers, Students, employees, vendors, contractors, and agents use or disclose PHI received from the other party in accordance with the provisions of this Affiliation Agreement and federal and state law. Each party shall implement all appropriate safeguards reasonably necessary to maintain the confidentiality of PHI. 2. Information pertaining to substance abuse will only be shared upon obtaining a release of information from the individual in compliance with 42 CFR Part 2. 3. Reporting of Unauthorized Use or Disclosure of PHI: CHS and ASU shall, within 24 hours of becoming aware or has reason to believe of an unauthorized use or disclosure of PHI by either organization; or any of its Authorized Users, officers, directors, Students, employees, vendors, contractors, agents or by a third party. Such notice shall be made to the following: MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES (CHS) Attn: Business Integration Technology (BIT) Title: Unauthorized Use or Disclosure of PHI Address: 3250 West Lower Buckeye Suite 2100 City, State Zip: Phoenix, AZ 85009 Phone: (602) 506-0897 Emails: CHSBIT@maricopa.gov and CHSHIMTeam@maricopa.gov ARIZONA STATE UNIVERSITY Attn: Office of Clinical Partnerships – Julie Vo Title: Program Manager Address: 300 E. University Drive City, State Zip: Tempe, AZ 85287-7805 Phone: 480-727-3390 Email:julie.vo@asu.edu Y. ASSIGNMENT, DELEGATION, AND EXECUTION: 1. Neither party may assign this Affiliation Agreement without the express, written, prior consent of both parties, which shall not be unreasonably withheld or delayed. 2. This Affiliation Agreement does not imply authority to perform any tasks or accept responsibility. 3. Sections and other headings contained in this Affiliation Agreement are for reference purposes and shall not affect in any way the meaning or interpretation of this Affiliation Agreement. 6 Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C 4. This Affiliation Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied, digital, and scanned signatures are acceptable as original signatures. 5. This Affiliation Agreement contains the entire understanding of the parties hereto with respect to the matters covered, and it supersedes all proposals, oral or written, and all other documents or communications between the parties relative to the subject matter herein covered, unless such documents or communications are specifically included by reference. 6. All notices under this Affiliation Agreement given by either party to the other shall be in writing and shall be delivered in person or sent by U.S. Postal Service, postage prepaid, and addressed to the following individuals: MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES (CHS) Attn: Lisa Struble Title: CHS Department Director Address: 3250 West Lower Buckeye Suite 2100 City, State Zip: Phoenix, AZ 85009 Phone: (602) 350-1745 Email: Lisa.Struble@maricopa.gov ARIZONA STATE UNIVERSITY Attn: Office of Clinical Partnerships – Julie Vo Title: Program Manager Address: 300 E. University Drive City, State Zip: Tempe, AZ 85287-7805 Phone: 480-727-3390 Email: julie.vo@asu.edu 7. Prior to or simultaneously with the execution of this Affiliation Agreement, ASU shall provide CHS with proof, satisfactory to the County Attorney, that the individual executing this Affiliation Agreement on behalf of ASU is legally authorized to bind ASU. * Remainder of Page Intentionally Left Blank * 7 Docusign Envelope ID: 2F7DE0E4-4B41-89A0-8039-1BD19308AC3C IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates written below. ARIZONA STATE UNIVERSITY MARICOPA COUNTY Authorized Individual: BOARD OF SUPERVISORS By: By: Name: _Nancy Gonzales Name: Title: Executive VP and University Provost Title: Chair, Board of Supervisors Date: 08/20/2026 Date: ATTEST: By: Name: Title: Clerk of the Board Date: APPROVED AS TO FORM: By: Davina Bressler Name: Title: Deputy County Attorney 8/26/2026 Date: 8