Extracted text (via pymupdf_layout)
13154 characters
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, 1 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; 2 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; 3 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. 4 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. 5 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. 6 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 7 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_____________________ 8