C-86-12-056-3-01 AHCCCS HEAPLUS AGREEMENT REDLINE FOR BOS NOV 2017.PDF

Agreement Number YH14-0005-036YH18-0024-029
Health-e-Arizona Plus (HEAplus) Subscription Agreement Community
Partner Agreement
Date: August 7, 2013September 1, 2017
State Contact: Division of Member Services
Arizona Health Care Cost Containment System Administration (AHCCCSA)
801 East Jefferson St.
Phoenix, AZ 85034
1,_ HEAplus COMMUNITY PARTNER INFORMATION
Subscriber NameName of Community Partner Maricopa County
Organization:
Subscriber Address: Community Partner 301 W. Jefferson, 10th Floor
Organization’s Address: Phoenix, AZ 85003
Agreement Contact Person, Phone and Jennifer Hawkins (same address above)
Email:Organization representative who will be Health Care Services Integration Administrator
signing this agreement (Name, Phone number 602-506-1968
and Email address): hawkinsj002@mail.maricopa.gov
Billing Contact Person, Phone and Email: Jane E. Cochrane
(same address as above)
602-372-2109
janecochrane@mail.maricopa.gov
Set up fee: $0.00
Subscription and Maintenance Fee: $200.00 per month for # 21-30 user seats
(Includes Transaction Fees)
Plan A / Plan B Plan A
Organization Type: AHCCCS Registered Medical Provider or Contractor
(RBHA, Health Plan, FQHC, Hospital, other clinic or
medical provider).State or Local Government
Subscription Agreement Restrictions: The subscriber Community Partner organization
understands that this subscription agreement is for:
Subscriber’s client services at all Partner’s business
locations and for use in eligibility screening for these
locations only. at Maricopa County Public Health,
Sheriff’s Office, Correctional Health Services and Adult
Probation facilities
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Agreement Number YH14-0005-036YH18-0024-029
2. PAYMENT TERMS:
2.1 The set-up fee is due immediately upon execution of this agreement.
2.2 After the set-up fee is received, AHCCCS will reach out within thirty (30) days to
schedule an orientation. Training and access to the system will only be available after
orientation.
2.3 Ongoing subscription fees shall commence on the 1" day of the month following execution
of
this agreement.
2.4 If advanced payment has been given and an overpayment exists, a credit will be
calculated and added to your account.
2.5 The State reserves the right to suspend service if payment is not received within sixty
(60) days of invoice.
2.6 The Center to Promote Healthcare Access dba Social Interest Solutions (SIS) is the
vendor operating HEAplus on behalf of the State of Arizona and will send the
subscriber invoices to the "Billing Contact" listed on the front page of this agreement.
Indicate below the subscriber's preference of invoice/payment cycle:
• Monthly
• Quarterly
• Semi - Annually
• Annually
2.7 Submit Payment to:
Social Interest Solutions (SIS)
Director of Applications
Solutions 1333 Broadway #
1020
Oakland, CA, 94612
3.2. PURPOSE: This agreement establishes the criteria for an organization to have access to
the Health-e-Arizona plus (HEAplus) system as a HEAplus Community Partner. The
HEAplus Community Partner’s users have organization accounts in HEAplus that they use
to create applications for their customers who want to apply, renew benefits and report
changes for Medicaid, Nutrition Assistance and Cash Assistance. Some HEAplus
Community Partners may also help customers apply for sliding-fee-scale clinic programs
and Community Access Programs. HEAplus Community Partners can only use HEAplus at
the request of and with written permission from their customers and thus are acting as
agents of their customers and are not an agents or business associates of AHCCCS.
HEAplus Community Partners have workload features in HEAplus to allow them to track
the status of the applications they submit on behalf of their customers and create reports
of their activities.
3. DEFINITION OF TERMS:
3.1 Application Assistors: Staff of the HEAplus Community Partner organization who
have HEAplus organization accounts that enable them to complete and submit
applications for customers.
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Agreement Number YH14-0005-036YH18-0024-029
3.2 HEAplus Account Credentials: HEAplus account credentials are the User Name and
Password for a HEAplus user’s account.
3.3 Users: A user is a person who works for a HEAplus Community Partners organization
and has a HEAplus account.
3.13.4 Customer: A customer is a person who is applying for or receiving benefits of one
or more of the programs available through HEAplus.
4. TERM OF AGREEMENT
3.14.1 The effective date of this agreement shall be the date of last signature which, in
most cases, will be AHCCCS. The agreement shall continue until terminated or
cancelled.
3.24.2 Either party may cancel this agreement any time with thirty (30) days prior written
notice. The payment obligations of subscriber which had been incurred prior to the
effective date of termination shall continue in full force and effect notwithstanding the
expiration or termination of this Agreement and shall exist whether or not an invoice
has been rendered.
4.5. SUBSCRIBER'S HEAPLUS COMMUNITY PARTNER’S RESPONSIBILITIES
4.15.1 The HEAplus Community Partner organization The subscriber shall abide by the
following:
4.1.15.1.1 Provide information and services in a fair, accurate and impartial
manner.
4.1.25.1.2 Provide information that is culturally and linguistically appropriate
to the needs of the population the HEAplus Community Partner
organizationsubscriber serves, including individuals with limited English
proficiency, and ensure accessibility to persons with disabilities, including
certain Federal civil rights laws, such as Title IV of the Civil Rights Act of 1964
and Section 504 of the Rehabilitation Act of 1973.
4.1.35.1.3 The HEAplus Community Partner organization subscriber shall not
charge a fee for completing a HEAplus screening or /application.
5.1.4 The HEAplus Community Partner organization must have a HEAplus Site
Administrator at all times, who is responsible for HEAplus account
administration for the organization’s users. The HEAplus Community
Partner organization may have multiple Site Administrators.
5.1.5 Ensure that every person it authorizes to have a HEAplus account
completes all required HEAplus training.
5.1.6 Allow only approved and authorized Assistors and Supervisors of
Application Assistors to enter customer data in HEAplus.
5.1.7 Persons with established credentials to use HEAplus shall not share their
credentials or otherwise disclose this information.
5.1.8 All users who obtain an account in HEAplus shall read and acknowledge
two click agreements when they log into their HEAplus account: an end
user software license agreement and a Use of your Health-e-Arizona Plus
(HEAplus) organization account agreement. The HEAplus Community
Partner organization is responsible for and assumes all liability for each
user’s compliance with these agreements.
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Agreement Number YH14-0005-036YH18-0024-029
5.1.9 Maintain confidentiality and privacy of customers’ information that is
disclosed in the process of applying for benefits consistent with the terms
of the written authorization to release protected health information that
the user obtains from the customer and this agreement.
5.1.10 The HEAplus Community Partner organization shall submit completed
applications, which includes submitting as much of the required
documentation with the application as the user could obtain.
5.1.11 The HEAplus Community Partner users may advise or assist the customer
in obtaining the required documentation.
4.1.45.1.12 The HEAplus Community Partner organization shall obtain the
customer’s signature on the application before submitting the customer’s
application.
5.1.13 HEAplus will provide a standard set of reports for the HEAplus Community
Partner organizations. Requests for additional data or reports must be
submitted to HEAplus Operations and approved by the State of Arizona.
4.1.5 The subscriber shall manage user accounts and ensure that all
credentials and associated training are properly obtained and
maintained for all users. The subscriber shall terminate HEAplus
accounts on or before the effective date of termination for assisters or
others who leave the employ or are no longer using HEAplus.
4.1.5 The application shall be assisted by a person trained and authorized to input data.
4.1.6 All users shall go through identity proofing and multi-factor authentication to
obtain their credentials to use HEAplus.
4.1.7 The person with established credentials to use HEAplus shall not share their
credentials or otherwise disclose this information.
4.1.8 To respect client privacy, the subscriber shall not use a consumer's account
credentials for any purpose.
4.1.9 The persons with established credentials to use HEAplus shall attend and pass a
test provided by the State of Arizona relevant to security and privacy requirements.
This training and test shall be completed at the time the account credentials are set
and on an annual basis thereafter.
4.1.10 All persons who obtain an account in HEAplus shall read and acknowledge an end
user license agreement which sets forth the responsibilities included herein.
4.1.11 The subscriber shall ensure that every person it authorizes to input data has
participated in HEAplus training before using the system.
4.1.12 The subscriber shall submit completed applications, which includes submitting as
much of the required documentation with the application as subscriber could
obtain.
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Agreement Number YH14-0005-036YH18-0024-029
4.1.13 The subscriber may advise or assist the applicant in obtaining the required
documentation.
4.1.14 The subscriber shall obtain applicant signatures at the time of application.
4.1.154.1.13 HEAplus will provide a standard set of reports forthe subscriber's organization.
Requests for additional data or reports must be approved by the State of Arizona.
5.2 Subcontractors:
5.2.1 If the HEAplus Community Partner organizationsubscriber wishes to subcontract
with application assisters, prior approval by the State of Arizona is required. The
subcontractor must meet the same standards under this agreement as agreed to by
the HEAplus Community Partner organizationsubscriber.
5.2.2 No subcontract shall in any way relieve the HEAplus Community Partner
organizationsubscriber of any responsibility for performance of its duties.
5.3 Confidentiality of Applicant Information:
5.3.1 The HEAplus Community Partner organization subscriber shall not either during or after
the performance of the services permitted by this agreement, including helping customers
create their own HEAplus accounts and consumer customer account credentialing
required by this agreement, use or disclose any information obtained during the course of
the work required by this agreement to any person other than as permitted by A.A.C. § R9-
22-512 and 42 CFR Part 431, Subpart F.
5.3.2 If a HEAplus Community Partner organizationsubscriber learns a consumer's
customer’s HEAplus account credentials, the subscriber organization cannot use the
consumer's customer’s account credentials for any purpose. If the organization learns
a customer’s account credentials, the organization must notify the customer to
immediately change their password.
5.3.3 Before requesting and obtaining information regarding an individual from the HEAplus,
the HEAplus Community Partner subscriber shall obtain a written authorization
(Consent for an Assistor) signed by the individual that complies with the requirements of
the federal Health Privacy Rule, 45 C.F .R. 164.508. The HEAplus Community Partner
organization subscriber may not obtain information from HEAplus except as permitted
under the terms of the signed authorization. The HEAplus Community Partner
organizationsubscriber shall retain the written authorization for six (6) years, and shall
make all such authorizations available for inspection by AHCCCS upon demand. The
HEAplus Community Partner shall upload, fax or e-mail a copy of the signed form to the
customer’s application within 24 hours after the application is submitted. If the customer
refuses to grant permission to the HEAplus Community Partner organization, the HEAplus
Community Partner organization may not access the customer’s information in HEAplus or
submit a HEAplus application for the customer.
4.2.1
5.4 Ownership of Data:
5.4.1 Data shall be the property of the State of Arizona client and the organizations
which submit the data on the client's customer’s behalf and the Agencies to
which the application is submitted for processing.
5.4.2 Social Interest Solutions (SIS) has no proprietary rights in any data or information
furnished to it. SIS shall have no liability whatsoever for any claim associated
with HEAplus Community Partner organization’s subscriber's collection, entry,
or use of the data, or arising out of HEAplus Community Partner
organization’ssubscriber's use of the HEAplus software system.
5.5 Account Administration:
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Agreement Number YH14-0005-036YH18-0024-029
5.5.1 The HEAplus Community Partner organization’ssubscriber is responsible for
designating at least one staff member to function as a designated HEAplus Site
Administrator. The Site Administrator is responsible for the following duties related to
account administration:
o Completing Site Administrator training
o Creating accounts for the HEAplus Community Partner organization’s users;
o Ensuring that all HEAplus users complete all required HEAplus training.
o Ensuring that all credentials and associated training are properly obtained and
maintained for all users.
o Submitting both the Organization and Individual User Application forms to AHCCCS to
obtain account approval.
o Deactivating user accounts to prohibit access to HEAplus organization accounts:
o On or before close of business on the date a user leaves the HEAplus Community
Partner organization’s employment; or
o When the user is reassigned to a job function within the organization that does
not require access to HEAplus; or
o When the user is no longer using HEAplus.
o Submitting an Organization User Application form to AHCCCS immediately following
deactivation of a HEAplus account requesting the user be removed from active status.
o Reactivating disabled accounts and resetting passwords for the organization’s HEAplus
users, when necessary.
o Maintaining accuracy of demographic information in HEAplus for all of the
organization’s locations where HEAplus activities are performed.
5.5.1.1 Authorizing access to HEAplus for appropriate staff of the
subscriber organization by setting up user accounts.
5.5.1.1.1 The HEAplus user must go through identity
proofing and multi­ factor authentication to obtain their
credentials to use HEAplus.
5.5.1.1.2 The HEAplus user with established credentials to use HEAplus will
not share their credentials or otherwise disclose this information.
5.5.1.2 Deactivating user accounts to prohibit staff access to HEAplus on or before
an HEAplus user:
5.5.1.2.1 Leaves the subscriber's employment; or
5.5.1.2.2 Is reassigned to a job function within the subscriber's organization
that does not require access to HEAplus; or
5.5.1.2.3 Is no longer using HEAplus.
5.5.1.3 Reactivating accounts and resetting passwords for the subscriber's HEAplus
users, when necessary.
5.5.1.4 Managing the organization's locations.
5.5.2 The HEAplus Community Partner organization’s Site Administrator is responsible for
completing the following steps to enable a user to have access to a the HEAplus
system:
• Creating the user’s account;
• Submitting to AHCCCS an Organization User Application listing the persons for
whom the organization is requesting account approval;
• Submitting to AHCCCS an Individual User Application that has been completed
by each person listed on the Organization User Application;
• Providing users with instructions for accessing required HEAplus training; and
• Ensuring that the user submits proof to AHCCCS of completion all required
HEAplus training.
5.55.6 Account Security:
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Agreement Number YH14-0005-036YH18-0024-029
5.6.1 The HEAplus Community Partner organization is responsible for
maintaining the security of HEAplus user accounts.
• User accounts must accurately reflect the identity of the individual user.
• Users are prohibited from sharing HEAplus accounts. Each user must have his
or her own individual account.
• Users may not reveal their HEAplus credentials to anyone, at any time or for
any purpose.
• Each user must complete electronic identity verification in the HEAplus
system.
• All persons who obtain an account in HEAplus shall read and acknowledge two
click agreements when they log into their HEAplus account: an end user software
license agreement and a Use of your Health-e-Arizona Plus (HEAplus)
organization account agreement. Each user is responsible to comply with the
rules of behavior in these agreements.
• The persons with established credentials to use HEAplus will attend and pass a
test provided by the State of Arizona relevant to security and privacy
requirements. This training and test must be completed at the time the
account credentials are set and on an annual basis thereafter.
5.6.1 The subscriber is responsible for maintaining the security of HEAplus user accounts.
5.6.1.1 User accounts must accurately reflect the identity of the individual user.
5.6.1.2 Users are prohibited from sharing HEAplus accounts. Each user must have
their own individual account.
5.6.1.3 Users may not reveal their HEAplus credentials to anyone, at any time or
for any purpose.
5.6.1.4 All persons who obtain an account in HEAplus will be required to read and
acknowledge an end user license agreement which sets for the responsibilities
included herein.
5.6.1.55.6.1.1 The persons with established credentials to use HEAplus will attend
and pass a test provided by the State of Arizona relevant to security and privacy
requirements. This training and test must be completed at the time the account
credentials are set and on an annual basis thereafter.
5.7 Minimum Equipment and Software Requirements for the HEA Plus Community
Partner Organization:
5.6.2 Subscriber:
5.6.2.15.7.1 5.7.1 Minimum requirements are subject to change from time-to-
time based on technological changes. When possible, at least 30 days
written notice will be provided for significant changes. In order to use
HEAplus the HEA Plus Community Partner organization must have: In
order to use HEAplus the subscriber must have:
o High Speed Internet;
o Computers with 64 MB RAM or higher;
o Printers with at least 600x600 dpi;
o Fax machines with at least 300x300 dpi or scanners;
o Web browser (Internet Explorer 97.0 or higher); and
o Adobe Acrobat Reader software to view PDF images, version 5.0
or higher.
5.75.8 Training Requirements:
5.8.1 The HEAplus Community Partner organization shall ensure that all staff
using HEAplus complete the following training, as appropriate:
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Agreement Number YH14-0005-036YH18-0024-029
5.8.1.1 Security Training: All users of HEAplus shall complete security
training before initial HEAplus account approval, and are
required to complete security training annually thereafter.
5.8.1.2 Site Administrator Training: Site Administrators must
complete this training to learn about the responsibilities
associated with their role.
5.8.1.3 New User Training: Application Assistors and Supervisors
must complete this training before AHCCCS approves their
HEAplus accounts for initial log in.
5.8.1.4 Hospital Presumptive Eligibility Training: This supplementary
training is required for all Assistors and Supervisors of
Application Assistors assigned to a hospital location that has
a contract with AHCCCS to make Hospital Presumptive
Eligibility (HPE) decisions.
5.8.1.5 Inmate Application Training: This supplementary training is
required for all users from correctional facilities that submit
pre-release applications or applications for hospitalized
inmates.
5.8.2 HEAplus Community Partner Organization users shall complete all
additional required training that may be required in the future.
5.8.3 The HEAplus Community Partner organization shall ensure participation
in ongoing training events that provide new or clarifying information
related to the HEAplus system and assisting customers with applications.
5.8.4 Training may be provided in person, by webinar, or through e-learning.
5.8.5 All users with access to Application Assistor functions in HEAplus shall
meet any licensing, certification or other standards that may be
prescribed by the state or federal government.
5.8.5.1
5.7.1 The subscriber shall ensure that all staff using HEAplus complete the following
training:
5.7.1.1 All users: Security Training. All users of HEAplus shall complete security
training before using the system and are required to complete security
training annually thereafter.
5.7.1.2 Site Administrators and Supervisors: Training in the responsibilities
associated with these roles and the use of the specific functions available in
HEAplus for persons with these security roles.
5.7.1.3 Application Assistors and Supervisors: Application Assister
training. Application Assistors and Supervisors shall complete this training
before assisting customers using HEAplus.
5.7.2 All users with access to Application Assister functions in HEAplus shall meet any
licensing, certification or other standards that may be prescribed by the state or
federal government.
5.8 5.9 System Requirements for E-Learning Training:
5.8.1 5.9.1 E-learning training is provided through the TRAIN TraCorp learning
management system.
5.9.2 Required Equipment: High speed internet with a web browser.
5.9.3 Optional Equipment
5.9.3.1 Audio enabled computer with speakers or headphones so the
learner can use the audio features in the e-learning lessons
5.9.3.2 Connection to a printer so the learner can print desk aids
available through the e-learning lessons
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Agreement Number YH14-0005-036YH18-0024-029
5.8.2 TRAIN minimally requires the following (which may be amended at any time):
5.8.2.1 WEB BROWSER:
• Internet Explorer 7; or
• Chrome Version 12
5.8.2.2 Other
• Javascript enabled
• Cookies enabled
5. 6. HEAPLUS AGREEMENT SUBSCRIPTION INCLUSIONS
5.1 Set-up:
6.1 Set-up services include:
6.1.1 The ability to use the licensed software to transmit applications for the term of the agreement;
6.1.2 Set up of facility organization accounts;
6.1.3 Training Site Administrator(s) on the administrative functions of the
• software; and
6.1.4 Training individual users; and
•6.1.3.1 Training subscribers when and how to contact the hosting facility for help desk
support.
6.2 Subscription and Maintenance:
6.2.16.1.4 1 Subscription and
6.36.2 Maintenance services include:
6.2.1 All electronic application transactions for the HEAplus Community Partner organization;
6.2.2 Electronic, voice and other signature capability;
6.2.3 System updates;
6.3.16.2.4 HEAplus Community Partner support:
6.3.1.16.2.4.1 Web-based support from technical personnel at SIS, including the ability to report HEAplus
system issues; and
6.2.4.2 Community Partner Hotline access to report application processing issues;
6.2.5 Software upgrades for the licensed software in parity with upgrades that are available to general
HEAplus licensees; and
6.2.6 Connectivity to DES and AHCCCS personnel.
6.3.1.2 The range of user seats specified on page 1;
• All electronic application transactions for the subscriber;
• Electronic, voice and other signature capability;
• System updates;
• Subscriber support:
o Web-based Subscriber support (Subscriber service, system conventions
and best practices and access to technical personnel at the hosting
facility); and
o HEAplus system issues; and
• Software upgrades for the licensed software in parity with upgrades that are
available to general HEAplus licensees. Connectivity to OES and AHCCCS
personnel and systems.
6.46.3 Transactions:
6.4.16.3.1 Transactions are defined as applications created.
6.4.26.3.2 Transactions services include:
o Basic field level edits;
o Eligibility determination and enrollment for all AHCCCS programs (e.g.,
AHCCCS, KidsCare, SSl-MAO, Medicare Cost SharingSavings
pPrograms, Children's Rehabilitative Services, Arizona Long Term Care
Services. Freedom to Work and others); sliding fee schedule or medical
discount programs, as are appropriate, including, Pima Community
Access Program (PCAP), Santa Cruz Health Connection (SCHC);
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Agreement Number YH14-0005-036YH18-0024-029
Percent of Federal Poverty Level (FPL) for sliding fee scale
programs; Nutrition Assistance; and Cash Assistance. and some
DES programs (e.g., Medicaid, CHIP, Nutrition Assistance (SNAP or
Food Stamps)); Temporary Assistance to Needy Families (TANF or
Cash) and also Percent of Federal Poverty Level (FPL);
o Archiving all applications for online retrieval for at least 1 year.
Data may be transferred to permanent archive thereafter.
HEAplus permanent archives are kept to 3 years;
o Electronic update of eligibility and enrollment by DES and AHCCCS;
o Application status tracking;
o Automated retrieval of application summaries and documentation;
and
o Electronic application submission and routing to DES and AHCCCS.
7. HEAPLUS AGREEMENT EXCLUSIONS
7. SUBSCRIPTION EXCLUSIONS
7.1 The following services are not covered in this agreement:
7.1.1 Software programming for custom integration with, or electronic interface to the
HEAplus Community Partner organization’ssubscriber's information system(s); and
7.1.2 Additional modules or capabilities not listed above unless released or made generally
available in subsequent enhancements for all HEAplus subscribersusers.
a. These services may be obtained at an additional cost.
7.2 Entering into this agreement does not preclude the organization or individual staff from
applying for or becoming Navigators for the Federally Facilitated Marketplace.
8 TERMS AN D CONDITIONS
8.1 Agreement: A limited, non-exclusive access to AHCCCS' sub-license for the right to use the
ASP product known as HEAplus and for use at the locations specified in paragraph 1l. "
HEAplus Community Partner Subscriber Specific Information".
8.2 Arbitration: In accordance with ARS § 12-1518, the parties to agree to resolve all disputes
arising out of or relating to this Contract through arbitration, after exhausting applicable
administrative review except as may be required by other applicable statutes.The Parties
to this agreement agree to resolve all disputes arising out of or relating to this agreement
through arbitration, after exhausting applicable administrative review, to the extent required by
A.R.S. § 12-1518, except as may be required by other applicable statutes (Title 41).
8.3 Conflict of Interest: In accordance with A.R.S. § 38-511, State may within three years after execution
cancel the Agreement, without penalty or further obligation, if any person significantly involved in initiating,
negotiating, securing, drafting or creating the Agreement on behalf of the State, at any time while the
Agreement is in effect, becomes an employee or agent or any other party to the Agreement in any
capacity or a consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
8.38.4 Confidentiality: The HEAplus Community Partner organizationSubscriber acknowledges
that this is licensed software of which all rights to copy, use or otherwise distribute are covered in the
license given by SIS to AHCCCS, through a separate contract. The HEAplus Community Partner
organizationSubscriber also acknowledges it is a subcontractor for that license and subject to all the
terms and conditions of the license. The HEAplus Community Partner organizationSubscriber
agrees that it shall be bound by the SIS's standard "click-through" End User License Agreement which
shall appear on The HEAplus Community Partner organizationsubscriber's computer screens
whenever the user initially subscriber logs onto the HEAplus software system or changes their
password.
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Agreement Number YH14-0005-036YH18-0024-029
8.5 All data in HEAplus is confidential. All of the The HEAplus Community Partner organization’s
Subscriber's staff should shall be advised and appropriately educated on their
responsibilities of handling confidential data. It is the The HEAplus Community Partner
organization’s Subscriber's responsibility to educate and inform their HEAplus users.
Should the HEAplus Community Partner’s staff become aware of any breach or misuse of this
confidential data, they should inform AHCCCS by immediately sending an email to
HEAplusSecurityIncidents@azahcccs.gov describing the nature of the breach or misuse,
remedies taken and the date the misuse occurred. In addition, the HEAplus Community
Partner organization shall comply with and support all privacy and security standards
required by the Affordable Care Act (ACA). Appropriate follow up actions will be determined
based on the nature of the breach or misuse.
Should the customer become aware of any breach or misuse of this confidential data, they should
inform AHCCCS at (602)417-4561 immediately of the nature of the breach or misuse, remedies taken
and the date the misuse occurred. In addition, the Subscriber shall comply with and support all
privacy and security standards required by the Affordable Care Act (ACA).
Appropriate follow up actions will be determined based on the nature of the breach or misuse
reported.
8.48.6 Indemnification: The parties to this agreement agree that the State of Arizona, its
departments, agencies, boards and commissions shall be indemnified and held harmless by the
HEAplus Community Partner organizationsubscriber for the vicarious liability of the State as a
result of entering into this agreement. However, the parties further agree that the State of Arizona,
its departments, agencies, boards and commissions shall be responsible for its own negligence.
Each party to this agreement is responsible for its own negligence.
8.58.7 Law: Each provision of law and any terms required by law to be in this agreement are a part
of this agreement as if fully stated in it. The law of Arizona applies to this agreement.
8.68.8 Limitations: In no event will HEAplus be liable to HEAplus Community Partner
organizationSubscriber for any indirect, direct, incidental, lost profits, consequential, special or
exemplary damages, arising out of or in connection with HEAplus Community Partner
organization’s Subscriber's use or inability to use HEAplus' software or services, the breach of any
express or implied warranty or condition, or otherwise, whether arising out of tort, including
negligence, agreement or otherwise, in connection with HEAplus' software, services and/or the
licenses granted herein, even if HEAplus has been advised of the possibility of
such damages. In no event shall HEAplus' total liability for any damages, direct or indirect, in
connection with the use of HEAplus' software, services and/or the licenses granted herein, exceed
the fees paid by Subscriber to HEAplus under this agreement for the prior twelve­ month term,
whether such liability arises from any claim based upon agreement, warranty, tort, including
negligence or otherwise. The limitations listed herein are severable (to stand independently) in the
event that any of the foregoing provisions are found to be void.
8.78.9 Non-Discrimination: The Subscriber shall comply with State Executive Order No. 99-4 and all
other applicable federal and state laws, rules and regulations, including the Americans with
Disabilities Act.
8.10 Termination: The State may terminate the agreement due to the failure of the HEAplus
Community Partner organization to comply with any term or condition of the agreement. The
State shall provide written notice of the termination and the reasons for it to the HEAplus
Community Partner organization.If the HEAplus program terminates, or AHCCCS is no longer able
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Agreement Number YH14-0005-036YH18-0024-029
or willing to oversee the HEAplus program, as it now exists, and no other organization wishes to
assume oversight responsibilities for this program, after all debts are paid, any subscription fees left
will be returned to the subscribers using an algorithm based on the subscriber's fee structure and the
remaining sum. If another organization does assume oversight for the HEAplus project, the funds
would transfer with the project and there would be no refund.
8.8
8.9 The State may terminate the agreement due to the failure of the subscriber to comply with any term
or condition of the agreement. The State shall provide written notice of the termination and the
reasons for it to the subscriber.
8.11 Severability: The provisions of this agreement are severable. Any term or condition deemed
illegal or invalid shall not affect any other term or condition of the agreement.
8.12 Choice of Forum: The parties agree that jurisdiction over any action arising out of or relating to this
contract shall be brought or filed in a court of competent jurisdiction located in the State of Arizona.
8.13 Relationship of Parties: Access to the subscription HEAplus service is offered by AHCCCS and SIS
for the convenience of the HEAplus Community Partner organizationsubscriber to assist the
HEAplus Community Partner organizationsubscriber in achieving its goals and objectives. It is
entered into voluntarily and at the request of the HEAplus Community Partner
organizationsubscriber. This subscription agreement is not intended to and does not bind the
HEAplus Community Partner organization subscriber to perform, or assist in the performance,
of any function or activity on behalf of AHCCCS or SIS. The HEAplus Community Partner
organizationsubscriber is not a contractor, agent, or business associate {as that term is used in
the federal Health Privacy Rule, 45 C.F.R. 160.103) of AHCCCS or SIS. The HEAplus Community
Partner organizationsubscriber shall not explicitly or implicitly hold itself out to the public as a
contractor, agent, or business associate of either
the AHCCCS or SIS.
8.138.14 Amendments: This agreement is issued under the authority of the Procurement Officer who
signed this agreement. The agreement may be modified only through a signed amendment.
Changes to the agreement directed by a person who is not specifically authorized by the
procurement officer in writing or made unilaterally by the HEAplus Community Partner
organization subscriber are violations of the agreement and of applicable law. Such changes,
including unauthorized written Contract Amendments shall be void and without effect.
IN WITNESS THEREOF, THE PARTIES AGREED AND ACCEPTED:
Subscriber AHCCCS
Maricopa County AHCCCS
Signature: Signature:
Printed: Jennifer Hawkins Printed: Meggan Harley , CPPO, MSW
Title: Health Care Services Integration Administrator Title: Chief Procurement Officer
Date: Date:
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