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MEMORANDUM OF UNDERSTANDING Between MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES AND Care1st Health Plan of Arizona, a Wellcare Co. This Memorandum of Understanding (“MOU”) is entered into pursuant to the applicable Arizona Health Care Cost Containment System (AHCCCS) Contracts with ACC HEALTH PLAN, between Care1st Health Plan of Arizona, a Wellcare Co. herein referred to as (Care1st) and MARICOPA COUNTY by and through its DEPARTMENT OF CORRECTIONAL HEALTH SERVICES, herein referred to as (CHS). Care1st 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 Care1st 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 Care1st who are also served by CHS. This MOU shall in no way change, modify, or amend the contract between AHCCCS and Care1st 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. § 552a. 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 Care1st 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 Care1st 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. H. 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. I. TechCare™ refers to the electronic health record software system licensed by the County and maintained by CHS. J. 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. B. 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 2 notice when it deems that performance would be in violation of the law or order of a court of law. C. 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 Care1st. D. CARE1ST & CHS’S RESPONSIBILITIES: Care1st 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. Care1st 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 Care1st and CHS to work together to better address the needs of the community. E. COMPLIANCE MONITORING: CHS and Care1st 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. F. RETENTION OF RECORDS: Care1st 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. G. NON-DISCRIMINATION: To the extent applicable, Care1st, 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. Care1st shall comply with the Americans with Disabilities Act. H. 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. I. GOVERNING LAWS: This MOU shall be governed by the laws of the State of Arizona. J. INDEMNIFICATION: To the fullest extent permitted by law, each party shall defend, indemnify, and hold harmless the other party, its agents, 3 representatives, officers, directors, officials, and employees for, from and against all 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. K. 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. L. 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 Care1st. M. 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 Care1st is not a public agency subject to public records laws but is a private corporation. N. 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 law, 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. 4 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 Care1ST 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. Care1ST 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. Care1ST 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 Care1st 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: 5 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 CARE1ST Chief Compliance Office Address: Phone: Fax: Email: Copy To: Department: HIPAA HITECH Privacy Specialist O. 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 Care1st. 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. B. 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 reference. 6 C. 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: 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 CARE1ST HEALTH PLAN OF ARIZONA, A WELLCARE CO. Attn: Scott Cummings Title: Plan President Address: 432 N 44th Ste 100 City, State Zip: Phoenix, AZ 85008 Phone: 602-778-1860 Email: SCummings@care1staz.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, Care1st and CHS each acknowledge their own respective role and responsibilities pursuant to this MOU. * Remainder of Page Intentionally Left Blank * 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates written below. Care1st MARICOPA COUNTY Authorized Individual: BOARD OF SUPERVISORS By: By: Name: Scott Cummings Name: Title: Plan President Title: Chairman, Board of Supervisors Date: Date: Maricopa County Correctional ATTEST: Health Services By: ___ Name: _ Title: MCCHS Director Clerk of the Board Date: Date: APPROVED AS TO FORM: By: Name: Title: Deputy County Attorney Date: 8