FINAL (CLEAN) MIHS-COUNTY IGA NON-JUDICIAL RELINK.DOCX
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C- ___________ INTERGOVERNMENTAL AGREEMENT Between MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT, d.b.a.. MARICOPA INTEGRATED HEALTH SYSTEM and MARICOPA COUNTY I. PARTIES: This Intergovernmental Agreement (“IGA” or Agreement” ) is entered into by Maricopa County Special Health Care District, a political subdivision of the State of Arizona (“District”), having its primary offices at 2601 East Roosevelt Street, Phoenix, Arizona 85008; and Maricopa County, a political subdivision of the State of Arizona by and through Correctional Health Services (“CHS”), Health Care Integration (“HCI”), Human Services (“HSD”), Justice System Planning and Information (“JSPI”) Departments and the Maricopa County Sheriff’s Office (“MCSO”) acting through Maricopa County, (collectively, “County”). The District and the County may be referred to individually as “Party” or collectively as “Parties.” II. LEGAL AUTHORITY: A. The District is authorized to execute this IGA pursuant to A.R.S. § 11-952, and 48-5501, et. seq.; and B. The County is authorized to execute this IGA pursuant to A.R.S. §§11-201, et seq. and 11- 952; and, C. The County and the District desire to effectuate and implement this IGA in furtherance of the Purpose(s) as set forth herein. NOW THEREFORE, in consideration of the mutual agreements expressed among and between the Parties herein, the Parties agree as follows: III. BACKGROUND: On July 18, 2016 the U.S. Department of Health and Human Services, Office of Minority Health 1 granted $300,300 annually for five years (a total of $1,501,500 over the five-year grant period) to the District under the FY 2016 Re-Entry Community Linkages (RE-LINK) program. RE-LINK funds will allow District to establish a Health and Social Service Network (HSSN) in partnership with County and MCSO, acting by and through County, to provide a medical home model for minority, economically and/or environmentally disadvantaged 18-26 year-olds reentering the community after release from jail incarceration (“Re-entrants”). The HSSN will utilize patient navigation and community health workers to increase Re-entrants’ awareness of and connection with community health and social resources, reduce unnecessary Emergency Department visits, increase use of primary care and preventive services and increase knowledge of health literacy. Outcomes include decreasing jail recidivism and optimizing community service capacity. Individual Re-entrant health and recidivism outcomes will be tracked and reported to stakeholders in aggregate. IV. PURPOSE The purpose of this IGA is to establish an HSSN with the goal of reducing jail recidivism and optimizing community health and social support services for Re-entrants through cooperation of the District, the County, and MCSO acting through the County. To that end, the County will identify and refer eligible Re-entrants to District; collect and share jail rebooking data on referred Re- entrants and provide service referrals where possible. This IGA outlines the Parties’ Shared Responsibilities and intent to create a cooperative working relationship including the Parties’ individual and shared roles and responsibilities for the services provided to the Re-entrants under this IGA. The goal of the Parties is to refer and provide community health and support services via the HSSN (“Services”) for a minimum of fifty (50) new Re-entrants annually and continue coordinating care and services for at least 250 Re-entrants throughout the five (5)-year project period. V. TERM: The Term of this IGA shall begin on the last date that this Agreement is signed and continue for five (5) years (the “Initial Term”). This Agreement may be terminated by either Party with or without cause, upon thirty (30)-day prior written notice to the other Party; provided, however, that County may terminate this IGA, in whole or in part, immediately upon providing either written or verbal notice to District when County deems the health or welfare of a Re-entrant is endangered. Either Party may terminate this IGA 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 IGA may be extended for one (1) additional five (5)-year term upon written agreement by the Parties. Written notice of intent not to renew is required to be provided by one Party to the other Parties no less than ninety (90) days prior to the last date of this IGA. VI. DEFINITIONS As used throughout this IGA, the following terms shall have the meanings set forth below: A. Authorized Use means exchange of Protected Health Information between the District and the County as authorized by law to provide services under the HSSN. Authorized Use also includes Criminal Justice Information provided to District by County or MCSO which shall be used as authorized by law to comply with the evaluation requirements of the RE-LINK grant. B. 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, and charges associated with the most recent incarceration. C. Health and Social Service Network (HSSN) means a Network composed of organizations equipped to meet the complex needs of jail to community reentrants, ages 18-26, in transition. D. Inmate means an individual incarcerated by MCSO. E. Protected Health Information (PHI) is consistent with the definition of PHI as used in HIPAA and 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 the District or the County. F. Re-entrant means a minority, economically and/or environmentally disadvantaged 18-26 year-old person reentering the community after release from less than one (1) year of incarceration in jail. G. RE-LINK means the Re-Entry Community Linkages program as defined and funded by the U.S. Department of Health and Human Services, Office of Minority Health. VII. APPLICABLE LAW The terms of this IGA shall be construed in accordance with federal and Arizona law. VIII. AMENDMENTS All amendments to this IGA must be in writing and signed by all Parties. IX. RETENTION OF RECORDS A. District and County agree to maintain records and other documents relevant to this IGA for five (5) years following termination of the IGA; 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. Thereafter, all records will be destroyed consistent with appropriate retention schedules and in compliance with federal and state laws and regulations. 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. X. COMPLIANCE MONITORING The Parties shall each monitor their own respective compliance with, and performance under, the terms and conditions of this IGA. XI. RESPONSIBILITIES OF THE PARTIES Parties agree to the following shared responsibilities: A. COUNTY RESPONSIBILITIES 1. County agrees to respect and protect the confidentiality and privacy of individuals served as outlined in the Confidentiality Plan attached as Exhibit A and the Business Associate Agreement (BAA) attached as Exhibit B incorporated by reference and in accordance with applicable state and federal laws, including HIPAA regulations. In the event that there is a conflict between the terms of the Confidentially Plan and this Agreement, the terms of this Agreement control. 2. County agrees to actively and consistently participate in the HSSN through the following County Programs: Heath Care Integration (HCI), and County Departments: Correctional Health Services (CHS), Human Services Department (HSD), and Justice System Planning and Information (JSPI). 3. County agrees to collaborate with District and other HSSN network partners to accomplish the goals and objectives of the Program; 4. County agrees to comply with all terms and conditions outlined in the Grant award, including Grant policy terms and conditions contained in applicable DHHS Grant Policy Statement (GPS) (http://www.hhs.gov/sites/default/files/grants/grants/policies- regulations/hhsgps107.pdf), and requirements imposed by Program and related statutes and regulations, Executive Orders, and HHS grant administration regulations, as applicable; as well as any requirements or limitations in an applicable appropriations act. 5. County through CHS shall provide the District with inmate PHI where permitted under federal and state law including, but not limited to HIPAA. 6. County through CHS will identify and refer Re-Entrants to the District to provide medical care to inmates, medication assisted therapy, extension of current programs, and identification of Re-entrant needs and links to supportive services. 7. County through HCI agrees to support grant activities, convene County departments, and facilitate meetings and presentations. 8. County through HSD will assist Re-entrants transitioning back into the community with workforce development opportunities and counseling. 9. County through JSPI will provide research support (e.g., coordinating data extraction and transfer to MCSO). Additionally, JSPI will consult with MCSO on research design and analysis, as necessary. B. MCSO RESPONSIBILITIES 1. MCSO agrees to actively and consistently participate in the HSSN. 2. MCSO agrees to provide re-booking data, jail access and space for educational healthcare presentations and assist with coordination of inmate visitations. 3. MCSO shall ensure access to Criminal Justice Information (“CJI”) to District as agreed under this IGA where permitted under federal and state law and consistent with the interest of the criminal justice system. C. DISTRICT RESPONSIBILITIES 1. District will serve as the bridge organization between the HSSN and U.S. Department of Health and Human Services’ Office of Minority Health, serve as a medical home to Re-entrants by providing patient navigation services including linkages to needed social services, health care including behavioral health, dental and access to specialty services, and eligibility and enrollment services. 2. The District shall oversee the planning, implementation and monitoring of the HSSN and Program. 3. District will establish, convene, and coordinate the HSSN to address systems-level fragmentation, policy change, and barriers to care transitions. 4. District will include the HSSN network partners in the design of the data framework to capture outcomes needed for their organizations. 5. District will annually report outcomes of the Program to the full HSSN network. 6. District will provide opportunities for media interviews to HSSN network members as they arise. 7. District will provide the care coordination services as described in this IGA and provide one-on-one and group education regarding health literacy and health financial literacy to Re-entrants and provide intensive patient navigation services to at least fifty (50) Re-entrants annually. D. SHARED RESPONSIBILITIES 1. The Parties agree that they will: a. not use PHI outside the scope of Authorized Use or in furtherance of the goals and purposes of this IGA; and b. treat all PHI as confidential as required by state and federal laws at all times. 2. The Parties agree that they will: a. not use CJI outside the scope of Authorized Use; b. ensure all CJI which is deemed confidential pursuant to 28 CFR Part 20 is kept secure and confidential; and c. acknowledge that the failure to maintain the security and confidentiality of such information may subject the violator to sanctions pursuant to 28 CFR Part 20. d. ensure that when the intended use of the data has been completed, they shall sanitize (overwrite three times or degauss) electronic media prior to disposal or release for reuse by unauthorized individuals. Inoperable electronic media shall be destroyed (cut up, shredded, etc.). 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. 3. The Parties will identify and enroll a minimum of fifty (50) new Re-entrants annually and continue coordinating care and services for cumulative total of (250) Re- entrants during the five (5)-year project period. 4. The Parties will collectively work to bridge the divide and gaps between the clinical healthcare delivery system, corrections and community providers. 5. The Parties will collectively create evidence-based survey tools to measure outcomes; compile, analyze and evaluate data including qualitative and quantitative outcomes; and utilize various types of media to disseminate results to key stakeholders. 6. The Parties recognize the goal of the Program and their shared responsibilities is to optimize community capacity to address health and social services through Quality Improvement, employ data-driven, decision-making, and coordinated process and alignment of resources. 7. The Parties agree to meet at quarterly intervals to further enhance the goals and principles of RE-LINK. 8. The Parties may form subcommittees which may include, but are not limited to, the following: HSSN (Advisory), Workflow/Patient Navigation, and Evaluation committees. 9. The Parties agree to abide by the attached Business Associate Agreement (“BAA”) and the Confidentiality Plan for RE-LINK (Re-entry Community Linkages) Grant as submitted with the Request for Grant Application. XII. GENERAL TERMS AND CONDITIONS A. AVAILABILITY OF FUNDING 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 Parties to continue this Agreement, the Parties may amend, suspend, decrease or terminate its obligations under or in connection with this Agreement. The Parties shall provide (30) days’ notice of termination. B. RELEASE OF INFORMATION The use or disclosure by any Party of any information concerning an applicant for, or recipient of services under this Agreement is directly limited to the Authorized Use of this Agreement. The Parties and its agents shall safeguard the confidentiality of this information consistent with federal and state laws and regulations. The Parties shall include a clause to this effect in all Subcontracts. C. INDEMNIFICATION Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees, expert witnesses’ fees and other litigation costs) (hereinafter collectively referred to as “Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the extent that such claims, which result in vicarious liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. D. 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 County or MCSO to this Agreement, and the County and MCSO, acting through the County 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. XIII. ACKNOWLEDGEMENT By signing below, District and County each acknowledge their own respective role and responsibilities pursuant to this IGA. IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS IGA: Maricopa County Special Health Care Maricopa County: District, d.b.a Maricopa Integrated Health System: ___________________________________ Susan Gerard, Chair ____________, Chair Date Maricopa County Board of Supervisors Printed Name ATTESTED TO: Date Fran McCarroll, Clerk of the Board Date ATTESTED TO: Maricopa County Sheriff: ____________________ Clerk of the Board of Directors Sheriff Paul Penzone Date APPROVED AS TO FORM: ___________________________________________ Deputy County Attorney Date In accordance with A.R.S. § 11-952, and 48-5501, et. seq. undersigned counsel have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona, including but not limited to A.R.S. §§ 11-952 et seq. _____________________________________ Counsel for Maricopa County _____________________________________ Counsel for Maricopa County Special Health Care District