AZ COMPLETE HEALTH - EXECUTED.PDF

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MEMORANDUM OF UNDERSTANDING
h i) Between
ae. MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES
Oun® AND Arizona Complete Health-Complete Care Plan
This Memorandum of Understanding (“MOU”) is entered into pursuant to the applicable
Arizona Health Care Cost Containment System (AHCCCS) Contract, with ACC HEALTH
PLAN, between Arizona Complete Health-Complete Care Plan herein referred to as
Arizona Complete Health and MARICOPA COUNTY by and through its
DEPARTMENT OF CORRECTIONAL HEALTH SERVICES, herein referred to as
(CHS).
Arizona Complete Health and CHS desire to enter into a MOU to establish a
collaborative protocol for effective communication, coordination and continuity of care
for individuals eligible for services provided by Arizona Complete Health who are also
served by CHS.
1. PURPOSE:
The purpose of this MOU is to establish a collaborative protocol, as described in
Attachment A for effective communication, coordination and continuity of care as
outlined in AMPM Policy 1020 and 1050, for individuals eligible for services provided
by Arizona Complete Health who are also served by CHS. This MOU shall in no way
change, modify, or amend the contract between AHCCCS and Arizona Complete
Health and does not create liability from one party to the other by a party’s failure to
comply with the protocol. Should any information within this MOU conflict with
any
terms or conditions within the AHCCCS contract, the AHCCCS contract shall prevail.
2, DEFINITIONS:
As used throughout this MOU, the following terms shall have the meanings set forth
below:
A. MOU means this document and all attachments and amendments hereto.
B. County means Maricopa County.
C. CHS means the person, firm, individual or organization employed or contracted
with Maricopa County Department of Correctional Health Services.
D. 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. § 5524,

E. Director means the Director of CHS.
F. Medical Director means the Medical Director of CHS.
G. Authorized Use means Protected Health Information provided by CHS to Arizona
Complete Health that shall be used and/or 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 MOU 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 Arizona Complete Health as to what
information is the minimum necessary for their lawful purpose (45 CFR §
164.5 14(d) (3) (iii). Information regarding substance use or abuse shall not be
disclosed without the express written authorization of the individual.
HIPAA refers collectively to the Health Insurance Portability and Accountability
Act of 1996, codified at 42 U.S.C. § 1320d et seq., and the Health Information
Technology for 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.
TechCare™ refers to the electronic health record software system licensed by the
County and maintained by CHS.
Protected Health Information (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.
3. SPECIAL TERMS AND CONDITIONS:
A. TERM OF MOU: This MOU shall begin upon approval of the Board of
Supervisors and when all signatures are affixed and fully executed by both
parties and shall terminate a year thereafter unless otherwise terminated or
amended as provided herein. By mutual written amendment executed by the
Parties’ authorized representatives, this MOU may be extended for supplemental
periods of 12 months, up to maximum of 48 months.
TERMINATION: This MOU may be terminated by either party with prior
written notice to the other party. Such Notice of Termination shall be effective
thirty (30) calendar days after mailing by certified mail, return receipt requested,
to the other party; provided, however, that CHS may terminate this MOU, in
whole or in part, immediately upon providing either written or verbal notice

when CHS deems the health or welfare of a patient is endangered. Either party
may terminate this 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,
AMENDMENTS: Any changes or amendments to this MOU shall be effective
only if made in writing and signed by both parties. All such changes or
amendments shall be handled by formal amendment and approved by CHS
authorized representative, the CHS Procurement Services Office, and Arizona
Complete Health.
ARIZONA COMPLETE HEALTH & CHS’S RESPONSIBILITIES: Arizona
Complete Health and CHS shall cooperate hereunder 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. Arizona
Complete Health and CHS shall comply with all federal, state and local laws,
ordinances, rules and regulations applicable to each party’s performance under
this MOU. There are no financial responsibilities assigned by the MOU; the
MOU is simply intended to allow Arizona Complete Health and CHS to work
together to better address the needs of the community.
COMPLIANCE MONITORING: CHS and Arizona Complete Health shall
each monitor their own respective compliance with, and performance under,
the terms and conditions of this MOU. Notwithstanding the foregoing, each
party may conduct quality assurance audits from time to time to assess the
proper access and utilization of their respective electronic health records
application systems.
RETENTION OF RECORDS: Arizona Complete Health and CHS agree to
maintain records and other relevant documents to this MOU for five (5) years
following the termination of the MOU; 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,
NON-DISCRIMINATION: To the extent applicable, Arizona Complete Health,
in accordance with ARS § 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. Arizona Complete Health shall
comply with the Americans with Disabilities Act.
EMPLOYMENT VERIFICATION: To the extent applicable, the parties shall
comply with ARS § 41-4401, all Federal immigration laws and regulations
relating to employees, including compliance with A.R.S. § 23-214, Subsection
A,

GOVERNING LAWS: This MOU shall be governed by the laws of the State of
Arizona.
INDEMNIFICATION: To the fullest extent permitted by law, each party shall
defend, indemnify, and hold harmless the other party, its agents,
representatives, officers, directors, officials, and employees for, from and
against ali claims, damages, losses and expenses, including, but not limited to,
attorneys’ fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of, or alleged to have resulted from the
negligent acts, errors, omissions or mistakes relating to the performance of
this MOU. Each party’s duty to defend, indemnify and hold harmless the
other party, its agents, representatives, officers, directors, officials, and
employees shall arise in connection with any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting
therefrom, caused by any negligent acts, errors, omissions or mistakes in the
party’s performance of this MOU including any person for whose acts, errors,
omissions or mistakes a party may be legally liable.
CONFLICTS OF INTEREST: To the extent applicable, this MOU is subject to
the provisions of A.R.S. § 38-511 relating to conflicts of interest.
ARBITRATION: To the extent applicable, the parties, in accordance with ARS
§12-1518, agree to resolve all disputes arising out of or relating to this MOU
through arbitration, after exhausting applicable administrative review except as
may be required by other applicable statutes. This provision does not apply to
provider claims disputes or member appeals regarding covered services provided
by Arizona Complete Health.
PUBLIC RECORDS: Notwithstanding any other provision of this MOU to the
contrary, the Parties acknowledge that 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.
The parties acknowledge that Arizona Complete Health is not a public agency
subject to public records laws but is a private corporation.
CONFIDENTIALITY OF RECORDS:
3.14.1 The parties will utilize data sharing agreements (including Attachment
B) and Administrative Orders that permit the sharing of written, verbal
and electronic information, and will comply with all applicable
Administrative Orders, State and federal Jaw, rules or regulations, as
amended from time-to-time, including but not limited to Health
Insurance Portability and Accountability Act (HIPAA) requirements that
permit the sharing of written, verbal and electronic information (as of the
effective date of those regulations), and 42 CFR Part 2 relative to alcohol

and substance abuse treatment. Third parties requesting information held
by CHS should be referred to CHS.
3.14.2 Each party agrees not use or disclose any PHI received from the other in
any manner that would constitute a violation of this MOU or federal or
State law. Each party shall take reasonable measures to ensure that its
directors, officers, employees, vendors, contractors, and agents use or
disclose PHI received from the other party in accordance with the
provisions of this MOU and federal and state law. Each party further
agrees to implement all appropriate safeguards reasonably necessary to
maintain the confidentiality of the information accessed through the
TechCare™ system.
3.14.3 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.
3.14.4 The Parties acknowledge that before each of the Parties’ Authorized
Users may have access to the other party’s electronic health records
application system, Authorized Users may be required to read and agree
to the terms of the respective party’s user/confidentiality agreement.
Each party agrees to work cooperatively to fulfill this requirement and
return copies of the executed agreements, as necessary.
3.14.5 Arizona Complete Health acknowledges that it and its Authorized Users
might be given access by CHS via TechCare™ to Criminal Justice
Information for the sole purpose of safely and securely providing and/or
coordinating treatment and/or healthcare services to patients incarcerated
in the Maricopa County Jail. Arizona Complete Health agrees that it will
not use or disclose Criminal Justice Information for any other purpose,
and will treat all Criminal Justice Information as confidential as required
by state and federal laws at all times and take reasonable measures to
maintain the security and confidentiality of such information. Arizona
Complete Health agrees to instruct its staff concerning the confidential
nature of Criminal Justice Information and the applicable prohibitions
against its use and disclosure,
3.14.6 REPORTING OF UNAUTHORIZED USE OR DISCLOSURE OF PHI:
CHS and Arizona Complete Health shall, within twenty-four (24) hours
of becoming aware or has reason to believe of an unauthorized use or
disclosure of TechCare™ PHI by either organization; or any of its
Authorized Users, officers, directors, employees, vendors, contractors,
agents or by a third party. Such notice shall be made to the following:
MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES
(CHS)

Attn: BIT Team
Title:
Address: 234 N Central Avenue, Suite 5350
City, State Zip: Phoenix, AZ 85004
Phone: (602) 506-0897
Email: CHSHIMTEAM @Maricopa.gov
and CHSBIT@Maricopa.gov
Arizona Complete Health
Attn: Sarah Darragh
Address; 333 E. Wetmore Road
City, State Zip Code: Tucson, AZ 85705
Phone: (520) 809-6402
Fax:
Email: sdarragh @azcompletehealth.com
Copy To:
Department: HIPAA HITECH Privacy Specialist
0. ASSIGNMENT AND DELEGATION:
3.15.1 Neither party may assign this MOU without the express, written, prior
consent of both parties, which shall not be unreasonably withheld or
delayed. No consent shall be required where there is an assignment of
the AHCCCS contract by AHCCCS to an affiliated entity of Arizona
Complete Health,
3.15.2 This Agreement MOU does not imply authority to perform any tasks, or
accept responsibility.
4, SECTIONS AND OTHER HEADINGS CONTAINED IN THIS MOU ARE
FOR REFERENCE PURPOSES ONLY AND SHALL NOT AFFECT IN ANY
WAY THE MEANINING OR INTERPRETATION OF THIS MOU.
A. This MOU 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 and scanned signatures are acceptable as original signatures.
ENTIRE MOU: This MOU contains the entire understanding of the parties
hereto, 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
NOTICES: All notices under this MOU 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:
6

MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES (CHS)
Attn: Tania Lynch
Title: CHS Department Director
Address: 234 N. Central Avenue, Suite 5000
City, State Zip: Phoenix, AZ 85004
Phone: (602) 372-4632
Email: tania.lynch@ maricopa.gov
ARIZONA COMPLETE HEALTH-COMPLETE CARE PLAN
Attn: Sarah Darragh
Title: Medicaid Program Director
Address: 333 E. Wetmore Road
City, State Zip: Tucson, AZ 85705
Phone: (520) 809-6402
Email: SDarragh @ AZCompleteHealth.com
5. INCORPORATION OF DOCUMENTS: The Parties agree that the following
attachments are made part of this MOU:
A. Attachment A, Collaborative Understanding
B. Attachment B, Data Link Agreement
6. ACKNOWLEDGMENT: By signing below, Arizona Complete Health and CHS
each acknowledge their own respective role and responsibilities pursuant to this
MOU.
* Remainder of Page Intentionally Left Blank *

(Die QO-OWW ~3-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective
dates written below.
Arizona Complete Health MARICOPA COUNTY
Authorized Individual: BOARD RS
bbe
By: st SS By:
Name: thames’ Stover Name: CLINT HICKMAN
Title: Medicaid Plan President Title: Chairman, Board of Supervisors
Date: vA q\ 14 Date: JAN 29 2020
Maricopa County Correctional ATTEST:
Health Services
J
Name: © / Ayo)» Lead, FRAN McCARROLL 7
WAT
Title: MCCHS Director Clerk of the Board
Date: JA As /1 Date: JAN 29 2020
a ars
APPROVE RM:
<a
By:
Name: Dy Vy Aer Q ce 35)
Title: Deputy County Attorney
Date: ! AT] vl 22

Attachment A
MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES
AND ARIZONA COMPLETE HEALTH-COMPLETE CARE PLAN
COLLABORATIVE UNDERSTANDING
Background
The Maricopa County Correctional Health Services (CHS) enhances community safety
by working in a collaborative partnership with AHCCCS, Arizona Complete Health-
Complete Care Plan (Arizona Complete Health) and its contracted providers to provide
research-based prevention and intervention services, Arizona Complete Health’s
contracted providers deliver a range of health care services and treatment programs for
adults and youth with physical health needs, serious mental illness and other mental health
and/or substance use disorders.
To facilitate the transition of members transitioning out of jails and back into our
community, collaboration between CHS and Arizona Complete Health is critical to
reentry activities. Specifically, Arizona Complete Health will collaborate with CHS to
accomplish “reach-in” care coordination for members who have been incarcerated in the
Maricopa County Jail for 30 days or longer and have an anticipated release date. ““Reach-
in” care coordination activities shall begin upon knowledge of a member’s anticipated
release date, Arizona Complete Health) will collaborate with CHS to identify justice-
involved members with physical and/or behavioral health chronic and/or complex care
needs prior to member’s release.
Il. Data Sharing and Coordination
Arizona Complete Health and CHS will partner to:
a) Communicate timely data necessary for coordination of care in conformance with all
applicable administrative orders, state laws and regulations, 42 CFR Part 2, and
Health Insurance Portability and Accountability Act (HIPAA) requirements that
permit the sharing of written, verbal and electronic information, and
b) Utilize data sharing agreements and administrative orders that permit the sharing of
written, verbal and electronic information at the time of admission into the facility
and at the time of discharge.
Proprietary

II. Collaborative Protocols
When Arizona Complete Health becomes aware that a member is incarcerated, and is
subject to the “Reach-In” requirements, described above:
I. The Arizona Complete Health Point of Contact or designee will complete a Justice
Transition Form (JTF) for members with designated chronic conditions and send the
JTF to CHS:
a. CHS will confirm diagnosis/chronic condition in TechCare.
b. CHS will complete the CHS section of the JTF and return it to Arizona
Complete Health — scan it into TechCare,
If CHS identifies newly diagnosed chronic care conditions, CHS will complete a JTF
and send it to the Arizona Complete Health Point of Contact or designee.
If member has a diagnosis of HIV+, Medication Assisted Treatment (MAT), or
Substance Use/Misuse, the member’s written consent to release and share information
must be completed and uploaded into TechCare prior to disclosure of the member’s
identifying information,
If member is in jail 30 days or more, the Arizona Complete Health Point of Contact
or designee will initiate a video or in person visit with the member.
An Appointment will be made with member’s Primary Care Physician (PCP) to occur
within 7 days of release.
The Arizona Complete Health Point of Contact or designee will forward to CHS an
“Introduction Letter,” via secure email, with the following information:
a. Appointment day/time
b. Clinic name and location
c. Health Plan Point of Contact (or designee) contact information
7, CHS will place this introduction letter into the member’s property which will be
provided upon jail release.
8. CHS and the Arizona Complete Health Point of Contact or other health staff may
coordinate special needs prior to jail release (such as courtesy release, medical
equipment, or specific medications).
Proprietary

IV. Provide mechanisms for communication and resolving problems
CHS and Arizona Complete Health will have quarterly steering committee meetings
to build and strengthen relationships and address any problems or conflicts.
Additionally, Arizona Complete Health will identify and extend invitations to CHS, to
provider level meetings appropriate for CHS participation.
Meetings shall include opportunities for agency cross-training and for identifying,
communicating and resolving problems to increase understanding and knowledge of
each other's mission, goals and how, through agency collaboration, members are
provided identified services to improve their health and well-being and reduce
recidivism.
Arizona Complete Health and CHS will work together to ensure processes from both
agencies are being practiced. On-going improvement efforts will focus on reducing
redundancies and providing timely, accurate and relevant information to coordinate
services and evaluate outcomes of those services.
Arizona Complete Health and CHS will identify key staff who have the authority to
assist with disputes and find resolutions based on the agreements and best interest of
the populations jointly served. If necessary, this may include the Arizona Complete
Health Chief Medical Officer (or designee) and the CHS Mental Health’ Director.
Meetings shall include opportunities to report identified gaps and discuss and act on
resolutions.
Identify and address joint training needs
Arizona Complete Health and its contracted providers and CHS will provide cross
training opportunities as mutually agreeable needs are identified.
Proprietary

Attachment B
YUIECEEY
Ve ial af
DATA LINK AGREEMENT BETWEEN
ae
COUN MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES AND
ARIZONA COMPLETE HEALTH-COMPLETE CARE PLAN
This Data Link Agreement ("Agreement") is by and between Arizona Complete
Health-Complete Care Plan (“‘Arizona Complete Health”), and Maricopa County (the
“County”), by and through its Department of Correctional Health Services ("CHS")
(collectively Parties, or individually “Party").
PURPOSE OF THE AGREEMENT
This Agreement will govern the operation and Parties' participation in the Jail Data
Link Program (“Data Link”). Data Link enables the transfer of information between
CHS and Arizona Complete Health data processing systems pursuant to the
Memorandum of Understanding between the Parties.
This Agreement will enable the Parties to expedite the identification of Members in
the care and custody of the Maricopa County Sheriff’s Office and coordinate
behavioral and/or physical health care for those Members.
TERM
The Term of this Agreement shall begin upon approval of the Board of Supervisors
and when all signatures are affixed and fully executed by all parties and continue for
10 years.
TERMINATION
The Agreement may be terminated by either Party with or without cause, upon thirty
(30) day written notice to the other Party(s); provided, however, that any Party may
terminate this Agreement or suspend access to Member information, in whole or in
part, immediately upon providing the other Party written notice when the Party giving
notice deems the health or welfare of a Member is endangered, or to prevent the
unauthorized access to or use of Member confidential information or unauthorized use
of the service or datasystem.
Kither Party may terminate this Agreement immediately upon providing written notice
when it deems that performance would be in violation of the law or order of a court of
law.
Parties may terminate this Agreement as provided in A.R.S. § 38-511,
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Data Link Agreement - Maricopa County & Arizona Complete Health-Complete Care Plan

4, AMENDMENT
Any changes to this Agreement shall be in writing and signed by both Parties.
RENEWAL
The Agreement may be extended for an additional ten (10)-year period upon written
agreement of the Parties.
DEFINITIONS
For purposes of this Agreement, the terms listed below are defined as follows:
Authorized Use means the access given by CHS to Arizona Complete Health to Jail
Information and/or Confidential Information that Arizona Complete Health would not
be entitled to otherwise have, for the sole purpose of coordinating behavioral and
medical health services for Arizona Complete Health Members who are in the care and
custody of the Maricopa County Sheriff’s Office (“MCSO”). Authorized Use shall also
include access given by Arizona Complete Health to CHS to Confidential Information
concerning Arizona Complete Health Members that CHS would not be entitled to or
otherwise have, for the sole purpose of coordinating behavioral and medical health
services for Arizona Complete Health Members who have been or will be in the care
and custody of MCSO.
Confidential Information means any information that identifies a Member or relates to
the Member's participation in Arizona Complete Health, the Member's physical or
mental health or condition, the provision of health care to the Member, or payment for
the provision of health care to the Member. Confidential information includes, without
limitation, “individually identifiable health information," as defined in 45 C.F.R.
§160.103 of HIPAA and non-public
5	1	8	1	6	6	1247	2042	171	43	96.003197	personal
5	1	8	1	6	7	1441	2041	264	42	79.615517	information, as defined in laws or
regulations promulgated under the Gramm-Leach-Bliley Act of 1999,
Member means a person determined to be eligible to receive behavioral health and
and/or physical health services paid for, in whole or in part, from funds available to
Arizona Complete Health through its contract with the Arizona Health Care Cost
Containment System (“AHCCCS”).
Jail Information means any pre-booking or booking information of an individual in
the care and custody of MCSO and may also include confidential criminal justice
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.
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Data Link Agreement - Maricopa County & Arizona Complete Health-Complete Care Plan

e. ARIZONA COMPLETE HEALTH, means a managed care organization under
contract with AHCCCS to coordinate the delivery of behavioral health and physical
health services for members enrolled or assigned by AHCCCS to Arizona Complete
Health Plan.
f. SERIOUSLY MENTALLY ILL (“SMI”) is defined the same as in A.R.S, § 36-550(4).
7. LIMITED USE
The Parties acknowledge that they will be given access to Jail Information and/or
Confidential Information for the purpose of Authorized Use. The Parties agree that
they will: (1) not use any Jail Information or Confidential Information outside the scope
of Authorized Use; and (2) treat all Jail Information or Confidential Information as
confidential as required by state and federal laws at all time.
8. RESTRICTION ON REDISCLOSURE
The Parties will instruct their staff concerning the confidential nature of Jail
Information or Confidential Information, as applicable, and the applicable prohibitions
against its use or disclosure,
9. DATA DESTRUCTION
The Parties agree that when the intended use of the data has been completed, it shall
sanitize (overwrite three times, degauss, or other reasonable and customary method of
removing data) electronic media prior to disposal or release for reuse by unauthorized
individuals. Inoperable electronic media shal! be destroyed (cut up, shredded, or other
reasonable and customary method of removing or destroying data). The Parties shall
maintain written documentation of the steps taken to sanitize or destroy electronic
media.:The Parties shall ensure the sanitation or destruction is witnessed or carried out
by authorized personnel.
10. HIPAA
The Parties warrant that they are familiar with the requirements of HIPAA, as amended
by the Health Information Technology for Economic and Clinical Health Act (HITECH
Act) of 2009, and accompanying regulations and will comply with all applicable
HIPAA requirements in the course of this Agreement. Further, the Parties will
cooperate in the course of performance of this Agreement so that each will be in
compliance with HIPAA, including cooperation and coordination with the
Government Information Technology Agency (GITA), Statewide Information
security and Privacy Office (SISPO) Chief Privacy Officer and HIPAA Coordinator
and other compliance officials required by HIPAA and its regulations, as well as
executing any documents that are reasonably necessary to be in compliance with
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Data Link Agreement - Maricopa County & Arizona Complete Health-Complete Care Plan

HIPAA, including, but not limited to, business associate agreements.
11. NON-AVAILABILITY OF FUNDS
Although this Agreement is non-financial, if any action is taken by any federal, state,
local agency or any other agency or instrumentality to suspend, decrease or terminate
its fiscal obligation affecting the capacity of the County or Arizona Complete Health to
continue this Agreement, any party hereto may amend, suspend, decrease or terminate
its obligations under or in connection with this Agreement.
12. COMPLIANCE
The parties warrant they are in compliance with the provisions in A.R.S. § 41-4401
(e- verify).
13. WARRANTY
There is no implied warranty of any kind under this Agreement, including any
representation of accuracy, timeliness, completeness, or appropriateness of the
information provided. Continuous, uninterrupted access to the information to be
provided hereunder is not guaranteed. In the event of delay caused by system issues,
the Parties agree to work together in a reasonable manner to share information via a
reasonable alternative means, if possible, until any system issues are resolved.
14. INDEMNIFICATION
(a) To the fullest extent permitted by law, Arizona Complete Health shall, indemnify,
defend save and hold harmless the County, including its officers, officials, agents, and
employees (hereinafter referred to as “County”) from and against any and all claims,
actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees,
and costs of claim processing, investigation and litigation) (hereinafter referred to as
“Claims") caused, or alleged to be caused, in whole or in part, by Arizona Complete
Health’s breach of this Agreement. It is the specific intention of the Parties that the
County shall, in all instances, except for Claims arising from the negligent or willful
acts or omissions of the County, be indemnified by Arizona Complete Health against
any and all claims described in this paragraph. It is agreed that Arizona Complete Health
will be responsible for primary loss investigation, defense and judgment costs where
this paragraph is applicable.
(b) To the fullest extent permitted by law, the County shall, indemnify, defend save and
hold harmless Arizona Complete Health, including their officers, officials, agents, and
employees (hereinafter referred to as Indemnitee) from and against any and all
claims, actions, liabilities, damages, losses, or expenses (including court costs,
attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as Claims) caused, or alleged to be caused, in whole or in part, by the
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Data Link Agreement - Maricopa County & Arizona Complete Health-Complete Care Plan

County’s breach of this Agreement. It is the specific intention of the Parties that Arizona
Complete Health shall, in all instances, except for Claims arising from the negligent or
willful acts or omissions of the Arizona Complete Health, be indemnified by the County
against any and all claims described in this paragraph. It is agreed that the County will
be responsible for primary loss investigation, defense and judgment costs where this
paragraph is applicable.
15, INSURANCE
Arizona Complete Health shall maintain insurance as follows: (i) commercial general
liability insurance coverage with minimum limits of $1,000,000 per occurrence and
$2,000,000 annual aggregate; and (ii) professional liability insurance coverage with
minimum limits of $1,000,000 per occurrence and $2,000,000 annual aggregate).
Upon written request, a Party shall provide to the other Party a certificate of insurance
evidencing such insurance coverage. Each Party shall provide thirty (30) calendar days
prior written notice to the other Party of any modification or termination of required
insurance.
16. NOTICES
Any notice required or permitted under this Agreement shall be in writing and shall be
deemed to have been duly given when (a) delivered by hand, courier, or express mail
service (with written confirmation of receipt), (b) sent by facsimile (with provision for
assurance of receipt in a manner typical with respect to communications of that type),
or (c) mailed by registered or certified first class mail, return receipt requested, to the
address set forth below (or to such other Person, address, or facsimile (fax) number as
a Party may, from time to time, designate by written notice):
If to Correctional Health Services:
Correctional Health Services Attn: Department Director
234 N, Central Avenue, Suite 5000
Phoenix, AZ 85003
If to Arizona Complete Health:
Arizona Complete Health-Complete Care Plan
Attn: Sarah Darragh, Medicaid Program Director
333 E. Wetmore Road
Tucson, AZ 85705
17. SEVERABILITY
The invalidity, in whole or in part, of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
18. RIGHTS IN DATA
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Data Link Agreement - Maricopa County & Arizona Complete Health-Complete Care Plan

The County shall have the use of data and reports resulting from this Agreement
without additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon reasonable
request, any available information that is directly relevant to this Agreement and to the
performance thereunder. Requests shall be made in writing and may not be requested
any more frequently than once a year (a year shall begin from the effective date of this
Agreement), unless required to investigate material breach of this Agreement which
shall be described in the written request.
19, RELATIONSHIPS
For all purposes relating to this Agreement, the Parties shall be independent contractors
and not agents or employees of the other party.
20. CONTRACTOR LICENSE REQUIREMENT
Arizona Complete Health shall procure all permits, insurance, licenses and pay the
charges and fees necessary and incidental to the lawful conduct of its business, and as
necessary complete any required certification requirements, required by any and all
governmental or non-governmental entities as mandated to maintain compliance with
and in good standing for all permits and/or licenses. Arizona Complete Health shall
keep fully informed of existing and future trade or industry requirements, Federal,
State and Local laws, ordinances, and regulations which in any manner affect the
fulfillment of this Agreement and shall comply with the same. Arizona Complete Health
shall immediately notify the County of any and all changes concerning permits,
insurance or licenses affecting performance under this Agreement.
21. ACKNOWLEDGEMENT
By signing below, the Parties acknowledge their roles and responsibilities pursuant to
this Agreement. The individuals signing below have the authority to bind their
respective parties and execute this Agreement by affixing their signatures to the
Agreement.
* Remainder of Page Intentionally Left Blank *
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Data Link Agreement - Maricopa County & Arizona Complete Health-Complete Care Plan

C-Dw-20 -010~3-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
respective dates written below.
ARIZONA COMPLETE HEALTH MARICOPA COUNTY
Authorized Individual: BOARD RS
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By: By:
Ne
Name: J s Stover Name: CLINT HICKMAN
Title: _ Medicaid Plan President Title: Chairman, Board of Supervisors
Date: 1219 L19 Date: JAN 29 2020
Maricopa County Correctional ATTEST:
wan
nn iellaudl
Name: /PNIn hy yok FRAN McCARROLL
yUry
Title: MCCHS irector Clerk of the Board
Date: J NY Ls Date: JAN 29 2020
Lit *
APPROVED AS TO FORM:
———
Bys
Name: in vi facil & cessla~
Title: Deputy County Attorney
Date: ly A1/Z29
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Data Link Agreement - Maricopa County & Arizona Complete Health-Complete Care Plan