MOU BETWEEN ADHS-MIHS-MCPHD.DOC

Maricopa County — Formal (2015-03-11)

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MEMORANDUM OF UNDERSTANDING
(“MOU”)
BETWEEN
THE ARIZONA DEPARTMENT OF HEALTH SERVICES
(“ADHS”)
AND
MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT dba
MARICOPA INTEGRATED HEALTH SYSTEM
(“MIHS”)
AND
MARICOPA COUNTY dba
MARICOPA COUNTY by and through its DEPARTMENT OF PUBLIC HEALTH
(“MCDPH”)
PURPOSE
The purpose of this Memorandum of Understanding (MOU or Agreement) is to formalize
the recommendations of various State, County, and Local Public Health leaders to identify
specific hospitals in Arizona to examine, test, and treat patients suspected or confirmed to have
infectious diseases of public health importance, such as Ebola. MIHS has agreed to be designated
an Infectious Disease Center of Excellence to evaluate and treat patients suspected or confirmed
to have an infectious disease of public health importance in Maricopa County and its surrounding
areas.
This Agreement allows the parties to develop plans and share their collective health expertise
and resources to enable MIHS to meet the needs of those patients, the public at large, and ensure
the safety of health care workers. This Agreement sets forth generally the respective duties and
responsibilities of the parties to this Agreement.
RECITALS
A. The Governor’s Council on Infectious Disease Preparedness and Response (Council)
was established in 2014 pursuant to Executive Order 2014-08; and,
B. The Council was created to examine, develop, and implement a coordinated and
comprehensive plan to ensure Arizona’s public health infrastructure is prepared for
the potential outbreak of infectious diseases of public health importance, such as
Ebola. and to respond rapidly to protect the health of Arizonans; and,
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C. One of the recommendations of the Council was to establish specific hospitals with
regional scope and who possess the expertise to evaluate, test, and treat patients with
infectious diseases of public health importance. These hospitals would then be
designated as Infectious Disease Treatment Centers of Excellence and be scheduled
for readiness assessments by the Centers for Disease Control and Prevention (CDC;
and,
D. The Council recommended that MIHS be designated as an Infectious Disease
Treatment Center of Excellence for Maricopa County and its surrounding areas; and,
E. The parties to this Agreement are committed to work together to assist and support
MIHS in fulfilling the recommendations and requirements to operate as an Infectious
Disease Treatment Center of Excellence which are determined by ADHS and
MCDPH and informed through technical assistance from the Centers for Disease
Control and Prevention (CDC) and other federal agencies.
AGREEMENT
1. The PURPOSE and RECITALS sections of this MOU are acknowledged and
incorporated into this Agreement.
2. The Services to be performed by ADHS:
2.11 Prioritize MIHS to receive personal protective equipment (PPE) during
shortages and back-orders;
2.12 At the request of MCDPH on behalf of MIHS, request PPE and supplies
from the Strategic National Stockpile (SNS);
2.1.3 Assist with coordination and developing of an infectious disease response
plan;
2.1.4 Provide support for MIHS and/or participate in trainings and exercises
with designated Emergency Medical Providers, MCDPH and ADHS;
2.1.5 Work with MCDPH and MIHS to schedule and coordinate the Readiness
Assessment for Prevention and Control of Infectious Disease Outbreaks
technical assistance visit with the CDC;
2.1.6 Provide technical assistance with licensing, as needed;
2.1.7. At the request of MIHS indicating that it is ready to be certified, assess
MIHS facilities, equipment, plans and procedures for certification as an
Infectious Disease Center of Excellence;
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2.1.8 Financial Support
 Provide best efforts to redirect ADHS resources and funds from the
Public Health Emergency Preparedness (PHEP) and Hospital
Preparedness Program (HPP) grants towards MIHS for training,
exercises, equipment and supplies.
 Grant funding provided for this purpose prior to this Agreement:
$40,000 and $118,183.84
 MIHS acknowledges that ADHS cannot provide funding for
patient care;
2.1.9 Laboratory
 Provide initial testing for Ebola or other infectious diseases using
the Arizona State Public Health Laboratory (ASPHL) resources
and designated courier for specimen transport;
 Provide guidance and training for packaging and shipping
specimens to MCDPH and MIHS as needed;
 Coordinate shipping of samples to CDC for confirmatory testing
by their laboratory;
2.1.10 Request CDC Subject Matter Expertise (including deployable resources
such as the Ebola Response Teams) for consultation and assistance with
public health response upon the request of MCDPH and MIHS;
2.1.11Support MCDPH with patient contact tracing and monitoring of healthcare
workers, if requested;
2.1.12 Assist MCDPH with incident specific Public Information and Risk
Communication if requested; and
2.1.13 In the event that a Declaration of Disaster has been issued by the State,
County, or Federal government , ADHS will support and work with
MIHS to request waivers of state licensing and operational rules and
regulations, as appropriate to support MIHS’ response and operations with
regard to the disaster. .
3. The Services to be performed by MCDPH:
3.1.1 Assist in identifying and gathering the amount and type of consumables
and equipment required to respond to infectious disease cases
3.1.2 Collaborate with ADHS and MIHS to integrate the activities of the
Infectious Disease Center of Excellence into existing infectious disease
response plans;
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3.1.3 Support MIHS infectious disease response planning, training and exercises
3.1.4 Conduct contact tracing of patient contacts and healthcare workers, if
needed;
3.1.5 Conduct incident-specific Public Information and Risk Communication in
collaboration with MIHS and ADHS
3.1.6 Upon acceptance of a patient suspected of having an infectious disease of
public health importance, send a liaison to MIHS to coordinate
operations between MIHS and MCDPH and facilitate information sharing
among ADHS, Maricopa County Department of Emergency Management
and other stakeholders.
3.1.7 Coordinate Emergency Medical Services (EMS) treatment and transport of
transport of suspect or confirmed patients to or from MIHS if required.
4. Services to be provided by MIHS:
4.1.1 Determine the amount and type of necessary equipment, supplies and
other resources required to manage patient(s) with infectious diseases of
public health importance and procure such resources with assistance from
ADHS and MCDPH
4.1.2 Develop an internal infectious disease response plan in collaboration with
ADHS and MCDPH;
4.1.3 Conduct infectious disease response training and exercises in collaboration
with MCDPH and ADHS;
4.1.4 Prepare for and participate in the CDC Readiness Assessment for hospital
facilities designated to examine and treat patients with infectious diseases
of public health importance and other future preparedness evaluations;
4.1.5 Responsible for taking necessary steps for MIHS/hospital to become
certified as an Infectious Disease Center of Excellence;
4.1.6 Provide all patient care, including all laboratory work associated with
ongoing clinical care of the patient within hospital laboratory capabilities;
4.1.7 Conduct media and communications regarding patient care and hospital
operations in collaboration with MCDPH and ADHS;
4.1.8 Activate, as appropriate, Hospital Incident Command Structure (HICS) to
facilitate patient care, hospital operations and coordination of response
with MCDPH and ADHS and other partners.
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4.1.9 Responsible for billing any MIHS patient for services provided by MIHS.
5. Licensure/Certification Requirements
5.1.1 All individuals and entities that provide Services under this MOU shall be
qualified to provide services through appropriate training, education,
experience and/or certification/licensure, as applicable. Documentation of
qualifications shall be maintained in personnel files of the respective
employer or principal and shall be available for review by the other parties
to this Agreement.
5.1.2 All parties shall obtain and maintain all licensure/certification,
accreditation and permits necessary to do business under this MOU and in
accordance with applicable laws/regulations.
6. Insurance And Indemnification
6.1.1 All parties shall maintain (and provide documentation of) insurance,
including general and professional liability insurance for itself and its
providers through commercial insurance or an actuarially sound self-
insurance program.
MIHS and MCDPH: Professional and general liability insurance will
provide coverage for any and all acts arising out of the work or services
performed under the terms of this MOU, and shall have a limit of not less
than $2,000,000 for each claim and $4,000,000 for all (aggregate) claims.
ADHS: Professional and general liability insurance will provide coverage
for any and all acts arising out of the work or services performed under the
terms of this MOU, and shall have a limit of not less than $2,000,000 for
each claim.
6.2.1 No party to this Agreement agrees to indemnify, defend or hold harmless
any other party from liability hereunder. However, if the common law or a
statute provides for either a right to indemnity and/or a right to
contribution to any party to this Agreement, then the right to pursue one or
both of these remedies is preserved. Each party to this Agreement is
responsible for its own negligence or the negligence of its agents or
contractors.
7. Term of the Agreement:
The term of this MOU shall commence upon the signature of all parties and shall
continue for one (1) full year from that commencement date, unless terminated, canceled,
or extended as otherwise provided herein.
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8. Contract Extension:
By mutual written amendment, executed by all parties, this MOU may be extended for
two (2) additional two (2) year terms, if sufficient funding and resources are available.
9. Termination without Cause
Any party may terminate this MOU at any time with thirty (30) calendar days’ notice, in
writing specifying the termination date. Such notices shall be given by personal
delivery or by certified mail, return receipt requested.
10. Termination for Default
This Agreement can be terminated in whole or in part due to the failure of any party to
comply with any material obligation, term or condition of the MOU.
11. Cancellation for Conflict of Interest
This Agreement is subject to cancellation for conflicts of interest pursuant to A.R.S. §
38-511.
12. Mutual Termination
This MOU may be terminated by mutual written agreement of the parties
specifying the termination date and the terms for disposition of property and, as
necessary, submission of required deliverables therein.
13. Non-Discrimination:
The Parties shall comply with Executive Order 75-5 as modified by Executive Order
2009-09, which mandates that all persons, regardless of race, color, religion, sex,
age, national origin or political affiliation, shall have equal access to employment
opportunities, and all other applicable State and Federal employment laws, rules, and
regulations, including the Americans with Disabilities Act. The Parties shall take
affirmative action to ensure that applicants for employment and employees are not
discriminated against due to race, creed, color, religion, sex, national origin or
disability.
14. Records and Right of Inspection:
Under A.R.S. § 35-214 and § 35-215, all parties shall retain all data and other records
(“records”) relating to the MOU for a period of five (5) years after the completion of
the MOU. All records shall be subject to inspection and audit by any party at
reasonable times.
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15. No Amendment or Modifications
No amendment or modifications to this Agreement shall be effective unless it is in
writing and signed by an authorized agent of all parties.
16. Relationship of the Parties
Each party under this Agreement is an independent Contractor. No party to this
Agreement shall be deemed to be the employee or agent of any other party to the
Agreement.
17. Severability
The provisions of this Agreement are capable of being severed if any term or condition is
deemed invalid.
18. Arbitration
To the extent required by A.R.S. §§ 12-1518B and 12-133, the Parties agree to resolve
any dispute arising out of this Agreement, after the exhaustion of applicable
administrative remedies, by arbitration.
Agreement Continued on Following Pages
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19. Notices
All notices required or permitted under this Agreement shall be mailed certified mail with
return receipt to the respective parties at the addresses set forth below:
Approving Officials:
ADHS
By: DATE:
Its:
FOR AND ON BEHALF OF MARICOPA
COUNTY,
By:
Its: DATE:
Chairman, Board of Supervisors
ATTEST:
___________Clerk of the board
Date
APPROVAL AS TO FORM
______________________________________
Attorney for Maricopa County
Date_____________________
Maricopa County Special Health Care District DATE:
d.b.a. Maricopa Integrated Health System
By:
Its:___________________________________
APPROVAL AS TO FORM
______________________________________
Attorney for MIHS
Date_____________________
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