MCSO AND CORRECTIONAL HEALTH MOU.PDF

Memorandum of Understanding
between
Maricopa County Sheriff’s Office
and
Maricopa County Department of Correctional Health Services
This Memorandum of Understanding (“MOU”) is between the Maricopa County Sheriff’s Office Substance
Abuse Treatment Services and Maricopa County 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 until terminated by either
party with or without cause, upon thirty (30) days 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 or performance would be in violation of the
law or order of a court of law.
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1. 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 or organization employed or contracted with
Correctional Health Services.
D. MCSO means the person, firm, individual or organization employed or contracted
with MCSO’s Substance Abuse Treatment Services.
E. Director means the Director of Correctional Health Services.
F. Authorized Use means Protected Health Information provided to MCSO by CHS
shall be used as authorized by law to provide continuity of care for inmates
(clients).
G. Protected Health Information (PHI) means any information about health status,
provision of health care or any personal 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. 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 after the resolution of any audit questions which could be
more than five (5) years, whichever is longer.
B. CHS shall retain full and complete ownership of all records and Personal Health
Information contained within the TechCare™ application post maturation of the
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contractual obligations herein as required by the Health Insurance Portability and
Accountability Act of 1996 (herein after “HIPAA”) and all applicable regulations
and 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™
Application in the list below to be provided by CHS to MCSO with the following
explanation:
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. Access to inmate Protected Health Information (PHI) to MCSO where permitted
under federal state and law including but not limited to HIPAA;
G. CHS shall supply TechCare™ Application Client Install to MCSO;
H. Any TechCare™ application changes as requested;
I. 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;
J. MCSO will be responsible for costs (e.g., payment of wages) incurred for CHS
personnel required to add, modify or create functionality in TechCare™;
K. MCSO will not be responsible to pay TechCare™ Maintenance Fees.
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9. CONFIDENTIAL INFORMATION AND SECURITY INCIDENT REPORTING
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 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.
B. MCSO will instruct MCSO staff concerning the confidential nature of PHI and
the applicable prohibition against its disclosure.
C. MCSO will instruct MCSO staff that in the event of a suspected or actual breach,
incident or emergency involving Protected Health Information (PHI), MCSO staff
must immediately report the occurrence to the CHS Component Privacy Official
or designee. To that effect, MCSO 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
the CHS Component Privacy Official at (602) 506-2906 a.s.a.p.
10. WAIVER OF CONFLICT
The Parties to this Agreement have chosen attorneys employed by the Civil Services Division of
the Maricopa County Attorney’s Office (“Civil Services Division”) to act as their attorney for the
purpose of reviewing this Agreement. In so doing, by their signature below, each party
acknowledges that it is aware that the Civil Services Division will represent both parties to this
Agreement, and each party expressly waives any conflict created thereby.
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 Dept. of Correctional Health Services Date
Maricopa County Sheriff’s Office Date
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MOU between Sheriff’s Office and Correctional Health Services
Concerning TechCare™ Electronic Health Records Application
Relative to Substance Abuse Treatment
MARICOPA COUNTY
Steve Chucri, Chairman Date
Maricopa County Board of Supervisors
ATTEST:
Fran McCarroll Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
By:_________________________________
Deputy County Attorney Date
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