MOU BETWEEN CHS AND HUMAN SERVICES.PDF

Memorandum of Understanding
between
Maricopa County Correctional Health Services
and
the Maricopa County Human Services Department
This Memorandum of Understanding (“MOU”) is between the Maricopa County Human
Services Department (hereinafter referred to as “HSD”), and Maricopa County
Department of Correctional Health Services (hereinafter referred to as “CHS”). HSD and
CHS are collectively referred to herein as the “Parties” and individually as a “Party.”
1. PURPOSE:
The purpose of this MOU is to outline the roles and responsibilities of the Parties
in the provision and exchange of Protected Health Information (“PHI”) between
HSD and CHS. The exchange of PHI for HSD services to provide continuity of
care and improve treatment for those clients of CHS through this data sharing
agreement shall only be as authorized by law including, but not limited to, for
continuity of care and treatment, public health purposes and/or research purposes.
2. TERM:
A. The Term of this MOU shall become effective on the date this MOU is
signed by both parties and continue until terminated by either party with or
without cause, upon thirty (30) days written notice to the other party.
B. 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 or performance would be in violation of
law or an order of a court of law.
3. 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. Authorized Use means Protected Health Information provided by CHS to HSD
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 HSD 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.
D. 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.
E. Protected Health Information (PHI) is 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.
4. APPLICABLE LAW:
The terms of this MOU shall be construed in accordance with federal and Arizona law.
5. AMENDMENTS:
All Amendments to this MOU must be in writing and signed by both Parties.
6. RETENTION OF RECORDS:
The Parties agree to maintain records and other relevant documents to this MOU for five
(5) years after the resolution of any audit.
7. COMPLIANCE MONITORING:
CHS shall monitor compliance with, and performance under, the terms and conditions of
this MOU. HSD personnel who will have access to confidential PHI shall comply with
all terms of this MOU and any violations of this MOU could subject HSD personnel to
disciplinary action or contract termination.
8. SCOPE:

As applicable, and where permitted under federal and state law including, but not limited
to HIPAA, the Parties agree to cooperate and exercise reasonable efforts for the
Authorized Use of PHI. HSD personnel who have received appropriate training and
authorization shall be granted limited access to CHS database systems. The parties
further agree to sign any other documents or agreements, or implement procedures,
reasonably necessary to accomplish the purpose of this MOU or to otherwise protect the
confidentiality of the information exchanged. Information exchanged will be directed
from CHS to HSD and will include PHI for clients shared by the Parties or who may
become mutual clients for the purpose of providing homelessness and housing resources
as needed.
9. CONFIDENTIAL INFORMATION AND SECURITY INCIDENT REPORTING:
A. CHS shall notify clients at the time of intake or during their health assessment that
limited PHI may be shared with HSD in connection with a treatment plan in
which homelessness or housing assistance has been identified. The limited
information may include: basic demographics including age, ethnicity, race, date
of birth, social security number, seriously mentally ill designation, booking
number, relevant identified health conditions or health status, including
behavioral health conditions relevant to housing and supportive resources.
Information regarding substance use or abuse will not be disclosed from CHS to
HSD without an express written authorization from the individual.
B. The Parties acknowledge that HSD will be provided access to PHI for the purpose
of Authorized Use. HSD agrees that its employees and or representatives will: (1)
not use PHI outside the scope of Authorized Use; and (2) treat all PHI as
confidential as required by state and federal laws at all times.
C. HSD will require all HSD staff who will be granted access to PHI to undergo
training with respect to HIPAA, instruction regarding the confidential nature of
PHI and all applicable prohibitions against its disclosure for anything other than
its intended purpose. HSD shall create appropriate procedures to safeguard access
to PHI in any format (electronic, paper, etc.) and shall not redistribute information
to any other source without the express authorization of the client.
D. CHS or HSD shall advise any client who is contacted by HSD about possible
housing assistance of their right to opt out of the offered assistance and to refuse
any further access to their PHI. In the event the client agrees to HSD services, and
HSD has a need for additional access to other PHI, HSD shall obtain the client’s
written authorization for such access.
E. HSD will instruct HSD staff that in the event of a suspected or actual breach,
incident or emergency involving Protected Health Information (PHI), HSD staff
must immediately report the occurrence to the CHS Component Privacy Official
or designee. To that effect, HSD will post the following notice in a conspicuous
working area for all staff:

Report any suspected security or privacy breach, incident or
emergency involving Protected Health Information (PHI) to
CHS Legal, at CHSLegal@mail.maricopa.gov. A.S.A.P.
10. WAIVER OF CONFLICT:
The Parties acknowledge that attorneys employed by the Civil Services Division of the
Maricopa County Attorney’s Office (“Civil Services Division”) shall act as their attorney
for the purpose of reviewing this MOU. In so doing, by their signature below, each Party
acknowledge that it is aware that the Civil Services Division will represent both Parties to
this MOU, and each Party expressly waives any conflict created thereby.
11. ACKNOWLEDGEMENT:
By signing below, the Parties acknowledge their own respective role and
responsibilities pursuant to this MOU.
IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS MOU:
Maricopa County Department of Maricopa County Department of Human
Correctional Health Services Services
By: By:
Name: Dr. Jeffrey Alvarez Name: Bruce Liggett
Title: Director of Correctional Health Title: Department Director
Date:
Date: