TECHCARE_MCSO_AGREEMENT F.PDF

Memorandum of Understanding
between
Maricopa County Sheriff
and
Maricopa County
by than through its
Department of Correctional Health Services
This Memorandum of Understanding (“MOU”) is between the Maricopa County Sheriff and
Maricopa County by and through its Department of Correctional Health Services, hereinafter
known as MCSO and CHS, respectively.
PURPOSE:
The purpose of this MOU is to govern the operation and parties’ participation in the exchange and
documentation and information from MCSO into the TechCare™ Electronic Health Records
Application operated by CHS in efforts to provide coordinated care and planning.
TERM:
The Term of this MOU shall begin on the date of this signed agreement and continue for 10 years
or until terminated by either party with or without cause, upon thirty (30) day written notice 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. The MOU may be extended for an additional ten (10)-year period upon written
agreement of the Parties.
1. DEFINITIONS
As used throughout this MOU, the following terms shall have the meanings set forth below:
A. Adult Probation means the Maricopa County Adult Probation Department
B. AHCCCS mean Arizona Healthcare Cost Containment System.
C. Authorized Use means MCSO’s use of Protected Health Information provided by
CHS as authorized by law to provide continuity of care for inmates (clients).
Authorized Use also includes Criminal Justice Information provided to CHS by
MCSO which shall be used as authorized by law to provide continuity of care by
CHS, AHCCCS, Adult Probation, Mercy Maricopa, the current RHBA for Maricopa
County and its successors and subcontractors, including community based treatment
providers consistent with the interest of the criminal justice system.

D. CHS means any person, firm or organization employed by or contracted with
the Department of Correctional Health Services.
E. County means Maricopa County.
F. Criminal Justice Information means any pre-booking or booking information of an
individual in the care and custody of MCSO including booking number, full name,
aliases, personal identifiable information, including date of birth, social security
number, age, demographic information, address, locker number, RRS or Proxy
Score, housing location, release date, disposition code, inmate custody level,
mugshots, description of charges, scheduled court dates, projected release dates,
work furlough status and sentenced charges.
G. MCSO means any person, firm, individual or organization employed or
contracted with the Maricopa County Sheriff’s Office.
H. MOU means this document and all attachments and amendments hereto
I. Protected Health Information (PHI) means any information about health status,
provision of health care or any personal identifiable information including but not
limited to: 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. APPLICABLE LAW
The terms of this MOU shall be construed in accordance with federal and Arizona law.
4. AMENDMENTS
All Amendments to this MOU must be in writing and signed by both Parties.
5. RETENTION OF RECORDS
A. MCSO and CHS agree to maintain records and other relevant documents to this
MOU for five (5) years following 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.
B. MCSO shall retain full and complete ownership of all records and Criminal Justice
Information contained within its pre-booking and booking applications post
termination of the contractual obligations herein as required for Criminal Justice

Information Systems pursuant to 20 CFR Part 20 and all other federal and state laws
and regulations and MCSO will follow appropriate retention schedules.
C. CHS shall retain full and complete ownership of all records and Personal Health
Information contained within the TechCare™ application post termination of the
contractual obligations herein as required by the Health Insurance Portability and
Accountability Act of 1996 (herein after “HIPAA) and all applicable regulations and
CHS will follow appropriate retention schedules.
7. COMPLIANCE MONITORING
CHS and MCSO shall each monitor their own respective compliance with, and performance
under, the terms and conditions of this MOU.
8. SCOPE
MCSO and CHS agree to the formats and data accessibility to and from the TechCare™
Applications follows:
A. CHS shall, through normal procedures, manage user provisioning;
B. CHS will extend efforts focused on application maintenance and construction
associated to forms creation;
C. Cooperative efforts with MCSO to create, establish, and define program specific
forms;
D. Capability to create Progress Notes and ability to attach electronic documentation;
E. CHS to provide a way for MCSO patients to be separated in effort to provide MCSO
review and workflow capabilities;
F. CHS shall ensure access to inmate Protected Health Information (PHI) to MCSO
where permitted under federal and state law including but not limited to HIPAA
G. MCSO shall ensure access to Criminal Justice Information to CHS and treatment
providers to ensure continuity of care where permitted under federal and state law
and consistent with the interest of the criminal justice system. CHS agrees that when
an inmate is released from custody, it shall dispose of all MCSO provided electronic
inmate data from on-line databases, hard drives and other storage media in a fashion
to prevent any data recovery of the content;
H. CHS shall supply TechCare™ Application Client Install to MCSO;
I. CHS shall supply any TechCare™ application changes to MCSO as needed;

J. MCSO will be responsible for any costs associated with development of new
functionality in TechCare™ at the vendor’s contracted hourly rate as indicated under
CHS vendor contract number 10135-C necessitated by MCSO’s use of TechCare™;
K. MCSO will be responsible for costs incurred for CHS personnel required to add,
modify or create functionality in TechCare™ necessitated by MCSO’s use of
TechCare™ ;
L. MCSO will not be responsible to pay TechCare™ Maintenance Fees.
M. MCSO shall supply and maintain Jail Management System and pre-booking
applications.
N. CHS will be responsible for costs incurred for MCSO personnel required to
add, modify or create functionality in Jail Management System and pre-booking
applications necessitated by CHS’s use of Jail Management System and pre-booking
applications.
O. CHS will not be responsible to pay Jail Management System or pre-booking
application Maintenance Fees.
9. CONFIDENTIAL INFORMATION
A. The parties acknowledge that in connection with their utilization of the TechCare™
Application, MCSO will be provided access to Protected Health Information for the
purpose of Authorized Use. MCSO agrees that it 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. Likewise, CHS will be provided access to Criminal
Justice Information for the purpose of Authorized Use. CHS agrees that it will (1)
not use Criminal Justice Information outside the scope of Authorized Use; (2) ensure
all Criminal Justice Information which is deemed confidential pursuant to 28 CFR
Part 20 is kept secure and confidential and (3) acknowledges that the failure to
maintain the security and confidentiality of such information may subject the
violator to sanctions pursuant to 28 CFR Part 20.
B. MCSO will instruct MCSO staff concerning the confidential nature of PHI and the
applicable prohibition against its disclosure. CHS will instruct its staff concerning
the confidentiality of certain Criminal Justice Information and the applicable
prohibition against its disclosure pursuant to 28 CFR Part 20.
10. CONFLICT WAIVER
The Parties to this Agreement acknowledge that they are aware that the Civil Services
Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the
attorney for the other Parties to this Agreement, and the signing Parties acknowledge that
they are aware of a potential conflict of interest, and waive any claim of conflict of interest,

which may arise by virtue of Civil Division’s representation of another Party to this
Agreement.
ACKNOWLEDGEMENT
By signing below, MCSO and CHS each acknowledge their own respective role and responsibilities
pursuant to this MOU.
IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS MOU:
Maricopa County: Maricopa County Sheriff:
___________________________________
____________, Chair Date Sheriff Paul Penzone Date
Maricopa County Board of Supervisors
ATTESTED TO: APPROVED AS TO FORM:
___________________________________
Fran McCarroll, Clerk of the Board Date Deputy County Attorney Date
APPROVED AS TO FORM:
Deputy County Attorney Date