MOU SPHS & HUSHABYE NURSERY.PDF

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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into by and between South Phoenix 
Healthy Start, a program of the Maricopa County Department of Public Health, (“SPHS”) and 
Hushabye Nursery, for the purpose of coordinating the care of incarcerated pregnant and/or 
parenting individuals with substance use history.  SPHS and Hushaby Nursery are collectively 
referred to herein as the “Parties” and individually as a “Party.”     
Recitals
A. SPHS operates as a public health agency and provides health education, resources and
referrals in select Maricopa County zip codes to decrease infant mortality.
B. Hushabye Nursery operates as an outpatient behavioral treatment facility for pregnant and
parenting individuals diagnosed with substance use disorder and as an inpatient detox
center for infants born exposed to opioids.
C. Both Parties agree that individuals experience better outcomes when service agencies
coordinate care. As a result, the Parties have determined that it is in the best interests of
their respective patients for the Parties to coordinate the care of Service Population
members served by both Parties (the “Shared Clients”).
D. The Parties receive no payment from each other for any referrals, and the Parties do not
share or split any fees in connection with any Shared Client.
Statement of Understanding
NOW, THEREFORE, in consideration of the Parties’ desire to work together to coordinate the care 
of patients requiring Medication Assisted Treatment (MAT) and Opioid Treatment Program (OTP) 
Services, the Parties confirm the following mutual understanding:
1. Incorporation of Recitals.  The Recitals set forth above are hereby incorporated into and made
part of this MOU.
South Phoenix Healthy Start (SPHS)
a.
SPHS will refer clients with substance use disorder who are pregnant or parenting to
Hushabye Nursery once they have completed and signed a Release of Information (“ROI”).

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b. SPHS will assign a representative to coordinate with Hushabye Nursery to ensure that
clients who qualify for services receive quality care.
2. Hushabye Nursery’s Assurances.
a.
Hushabye Nursery will provide evidence-based parenting education to incarcerated
individuals.
b. Hushabye will provide case management services to pregnant women engaged in
Medication for Opioid use Disorder (MOUD) services.
c.
Hushabye Nursery will assist with discharge and/or delivery planning as appropriate.
d. Hushabye Nursery will refer clients who are pregnant or parenting a child under 18
months old to SPHS once they have completed a Release of Information (“ROI”).
3. Data Sharing. Each Party is a “Covered Entity”, as that term is defined by Health Insurance
Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”).  All
disclosures of protected health information contemplated under this Agreement are made
by a Covered Entity to another Covered Entity concerning the treatment of an individual.  As
a result, neither Party is a “Business Associate” of the other Party, as that term is defined by
HIPAA.
4. Funding.  Nothing in this MOU shall be deemed to be a commitment or obligation of funds,
personnel or other resources by either Party.  The Parties acknowledge that the ability of each
Party to carry out the responsibilities described in this MOU is contingent upon that Party’s
funding and other resources, which are made available in the sole and absolute discretion of
each Party.  Neither Party shall provide any remuneration to the other Party for anything
provided hereunder.
5. Credentialing & Privileging.  Parties hereby provide assurances and represent to each other
that all providers rendering services to the Parties’ Shared Clients are licensed, certified, or
registered, as verified through a credentialing process, in accordance with applicable
Federal, state, and local laws, and are competent and fit to render healthcare services to
the Parties’ Shared Clients.

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6. Utilization Review. In order to evaluate performance, monitoring MOU performance and
demand for services, Parties will periodically review the service utilization levels of patients
through the use of their software.
7. Relationship of the Parties. This MOU is not intended to create a legally binding or
enforceable contract and shall not entitle either Party to legal remedies against the other.
Nothing in this MOU may be construed as creating an employment, independent contractor,
agency, partnership, franchise or joint venture relationship between the Parties. Neither
Party has, nor will have, the authority to act on behalf of the other, and neither Party may
make representations to the contrary. Neither Party is authorized to obligate or bind the
other Party in any manner whatsoever, and nothing contained in this MOU gives or is
intended to give any right of any kind to third persons.
8. Compliance with Anti-Kickback Statute.  The Parties will comply with and have structured this
MOU to comply with the Anti-Kickback Statute, 42 U.S.C. §1320a-7b(b).  It is not a purpose of
this MOU to induce the referral of patients.  The Parties acknowledge that there is no
requirement or payment received under this MOU or any agreement between or among the
Parties for a Party’s referral, recommendation or arrangement for any items or services paid
for by Medicare, Medicaid, or any other federal health care program.
9. Amendment.  No changes, amendments or alterations shall be effective unless signed by both
Parties. 
10. Public Records. 
Notwithstanding any contrary provision of this MOU, the Parties
acknowledge that SPHS is a public institution and therefore subject to A.R.S. §§ 39-121
through 39-127 regarding public records.  Any provision regarding confidentiality is limited to
the extent necessary to comply with Arizona’s public records laws.
11. Termination.
a.
This MOU may be terminated for any or no cause by either Party by providing 30 days’
written notice to the other Party.
b. Under A.R.S. § 38-511, Maricopa County/SPHS may cancel this MOU without penalty
or further obligation within three years (3) after execution of this MOU, if any person
significantly involved in initiating, negotiating, securing, drafting or creating this MOU
on behalf of Maricopa County/SPHS at any time while this MOU or any extension of
this MOU is in effect, is or becomes an employee or agent of Hushabye Nursery in any
capacity or a consultant to Hushabye Nursery with respect to the subject matter of
this MOU.

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12. Term and Termination.
a.
This MOU shall take effect upon signature by the authorized representative of each
Party and will remain in effect through January 31, 2027, and will renew yearly unless
either party terminates it.
b. This MOU constitutes the entire understanding between the Parties hereto. This MOU
may be executed in counterparts, each of which shall be deemed an original.
Electronically transmitted and imaged copy signatures will be fully binding and
effective for all purposes.
The parties executed this MOU as of the date next to their respective signatures. 
Hushabye Nursery
Dated: ___________ By 
South Phoenix Healthy Start, Maricopa County Public Health 
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