AGREEMENT BETWEEN SOUTHWEST BEHAVIORAL HEALTH SERVICES AND MARICOPA COUNTY.PDF

DocuSign Envelope ID: 7A2F4F29-0942-4A15-8277-A9600778EF 3D

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AGREEMENT
Between
MARICOPA COUNTY AND
SOUTHWEST BEHAVIORAL HEALTH SERVICES

This Agreement for Joint Training needs is entered into between SOUTHWEST
BEHAVIORAL HEALTH SERVICES (SWBHS) and MARICOPA COUNTY
(“COUNTY”) to be administered by its DEPARTMENT OF CORRECTIONAL HEALTH
SERVICES (“CHS”).

The County and SWBHS desire to enter into an Agreement to identify and address joint
training needs.

i. PURPOSE:

The purpose of this Agreement is to establish a program to increase access to
Medication Assisted Treatment (“MAT”), Opioid Use Disorder (“OUD”) recovery
support services, and opioid prevention awareness for incarcerated patients
transitioning to the community.

iL DEFINITIONS:

As used throughout this Agreement, the following terms shall have the meanings
set forth below:

A.

a

Agreement means this document and all attachments and amendments
hereto,

County means Maricopa County.
CHS means the Department of Correctional Health Services.

Criminal Justice Information refers to any confidential information
collected by criminal justice agencies on individuals consisting of
identifiable descriptions and notations of arrests, detentions, indictments,
information, or other formal criminal charges, and any disposition arising
therefrom, as well as confidential pre-booking or booking personal
identifiable information, including date of birth, social security number,
age, demographic information, projected release dates and release date
information as defined in 5,U.S.C, § 552 and 5 U.S.C. § 552a,

Director means the Director of CHS.
Medical Director means the Medical Director of CHS,
Authorized Use means Protected Health Information provided by CHS to

SWBHS that shall be used and/or disclosed only as authorized by law
including, but not limited to the treatment of individuals identified as

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homeless as needed in order to reduce recidivism, Except when otherwise
required by law, disclosures of PHI pursuant to this AGREEMENT are
subject to a minimum necessary determination by CHS (45 CFR §
164.502(b)). When reasonable to do so, CHS may rely upon the
representations of SWBHS as to what information is the minimum
necessary for their lawful purpose (45 CFR § 164,514(d) (3) Gil).
Information regarding substance use or abuse shal! not be disclosed without
the express written authorization of the individual.

HIPAA refers collectively to the Health Insurance Portability and
Accountability Act of 1996, codified at 42 U.S.C. § 1320d et seq., and the
Health Information Technology for Economic and Clinical Health Act,
enacted as Title XIII of the American Recovery and Reinvestment Act of
2009, codified at 42 U.S.C. § 17921 et seq., and any current and future
regulations promulgated thereunder, including but not limited to 45 C.F.R.
Parts 160 and 164.

Llectronic Health Record (EHR) refers to the electronic health record
software system licensed by the County and maintained by CHS.

Protected Health Information (PHI) shall have the same meaning as
defined under HIPAA and includes any information about health status,
provision of health care or any individually 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,

Hil. SPECIAL TERMS AND CONDITIONS:

A.

TERM OF AGREEMENT: This Agreement shall begin upon approval by
the Maricopa County Board of Supervisors and shall terminate one year
thereafter unless otherwise terminated or amended as provided herein. By
mutual written amendment executed by the Parties’ authorized
representatives, this Agreement may be extended for supplemental periods
of twelve (12) months, up to maximum of forty-eight (48) months.

TERMINATION: This Agreement may be terminated by either party with
prior written notice to the other party. Such Notice of Termination by
SWBHS shall be effective thirty 30) calendar days after mailing by certified
mail, return receipt requested, to CHS. CHS may terminate this Agreement,
in whole or in part, immediately upon providing either written or verbal
notice to SWBHS when CHS deems the health or welfare of a patient is
endangered. Either party may terminate this agreement 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. For any other cause, CHS

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may terminate this Agreement upon thirty (30) calendar days after mailing
by certified mail, return receipt requested, to SWBHS.

AMENDMENTS: Any changes to this Agreement shall be in writing and
signed by both patties.

SWBHS & CHS’S RESPONSIBILITIES: SWBHS and CHS shall operate
in a professional manner that conforms to all local, state, and federal codes
and rules and within the standard of practice for the scope of each of the
parties’ responsibilities. SWBHS and CHS shall comply with all federal,
state, and local laws, ordinances, rules, and regulations applicable to each
party’s performance under this Agreement. There are no financial
responsibilities assigned by this Agreement; the Agreement is intended to
allow SWBHS and CHS to work together to better address the needs of the
community,

ONBOARDING: CHS requires the SWBHS’s staff to use the most updated
version of the Onboarding Packet, available online at the following link:
https://www.maricopa.gov/DocumentCenter/View/76039/Onboarding-
Packet, SWBHS’s staff must complete the Onboarding Packet and provide
all required supporting documentation. SWBHS must submit the completed
Onboarding Packet with required supporting documentation to CHS via
email: CHSOnboard@maticopa.gov. SWBHS staff shall remain in
compliance with the requirements as detailed in the Onboarding Packet.
Prior to working onsite, SWBHS is responsible for ensure their staff review
the Contractor Information Packet; available online at the following link:
https://www.maricopa.gov/DocumentCenter/View/76559/Contractor-
Information-Packet

COMPLIANCE MONITORING: CHS shall conduct periodic quality
assurance audits to determine SWBHS’s proper access and utilization of its
EHR system to monitor respective compliance with, and performance
under, the terms and conditions of this Agreement.

EHR RETENTION OF RECORDS: SWBHS and CHS shall maintain
records and other relevant documents to this Agreement for five (5) years
following the termination or expiration of the Agreement; provided
however, if any audit questions are unresolved at the end of that five (5)
year period, all records and documents relating to such audit questions shall
be maintained until those audit questions are resolved.

NON-DISCRIMINATION: To the extent applicable, SWBHS, in
accordance with ARS § 41-1461, et seq., shall provide equal employment
opportunities for all persons, regardless of race, color, creed, religion, sex,
age, national origin, disability or political affiliation. SWBHS shall comply
with the Americans with Disabilities Act.

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K.

EMPLOYMENT VERIFICATION: To the extent applicable, the parties
shall comply with ARS § 41-4401, all Federal immigration laws and
regulations relating to employees, including compliance with A.R.S, § 23-
214, Subsection A.

GOVERNING LAWS: This Agreement shall be governed by the laws of the
State of Arizona. Any litigation arising from the agreement, or the
performance thereof will be decided in the federal or state courts of Maricopa
County unless otherwise agreed to between the Parties.

INDEMNIFICATION: To the fullest extent permitted by law, each party
shall defend, indemnify, and hold harmless the other party, its agents,
representatives, officers, directors, officials, and employees for, from and
against all claims, damages, losses and expenses, including, but not limited
to, attorneys’ fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of, or alleged to have resulted from the
negligent acts, errors, omissions or mistakes relating to the performance of
this Agreement. Each party’s duty to defend, indemnify and hold harmless
the other party, its agents, representatives, officers, directors, officials, and
employees shall arise in connection with any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting
therefrom, caused by any negligent acts, errors, omissions or mistakes in
the party’s performance of this Agreement including any person for whose
acts, errors, omissions or mistakes a party may be legally liable.

Employment. Parties acknowledge that under this agreement no employee
or participant of SWBHS is to be considered a County employee, and that
no rights of County merit, County retirement, or County personnel rules shall
accrue to such individual. SWBHS shall have total responsibility for all
salaries, wages, bonuses, retirement, withholdings, | workman's
compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and shall save and hold
County and CHS harmless with respect thereto.

Non-joint venture, This Agreement is not intended to constitute, create, give
rise to, or otherwise recognize a joint venture agreement, partnership or other
formal business association or organization of any kind, and the right and
obligations of the Parties shall be only those expressly set forth in this
Agreement.

CONFLICTS OF INTEREST: This Agreement is subject to the provisions
of ARS, § 38-511,

ARBITRATION: To the extent applicable, the parties, in accordance with
ARS 812-1518, agree to resolve all disputes arising out of or relating to this

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Agreement through arbitration, after exhausting applicable administrative
review except as may be required by other applicable statutes. This provision
does not apply to provider claims disputes or member appeals regarding
covered set'vices provided by SWBHS.,

P, PUBLIC RECORDS: Notwithstanding any other provision of this
Agreement to the contrary, CHS is subject to A.R.S. 39-121 through 39-128
regarding public records. Any provision regarding confidentiality is limited
to the extent necessary to comply with the provisions of Arizona law. The
parties acknowledge that SWBHS is not a public agency subject to public
records laws but is a private corporation.

Q. CONFIDENTIALITY OF RECORDS:

1. Neither party shall use or disclose any PHI received from the other
in any manner that would constitute a violation of this Agreement or
federal or state law. Each party shall take reasonable measures to
ensure that its directors, officers, employees, vendors, contractors,
and agents use or disclose PHI received from the other party in
accordance with the provisions of this AGREEMENT and federal
and state law. Each party shall implement all appropriate safeguards
reasonably necessary to maintain the confidentiality of the
information accessed through the EHR system,

2. Information pertaining to substance abuse will only be shared upon
obtaining a release of information from the individual in compliance
with 42 CFR Part 2.

3. Before each of the Parties’ Authorized Users may have access to the

other party’s EHR application system, Authorized Users will be
required to read and agree to the terms of the respective party’s
user/confidentiality agreement, The parties shall work cooperatively
to fulfill this requirement and return copies of the executed
agreements, as necessary.

4, SWBHS and its Authorized Users may be provided with Criminal
Justice Information via the EHR system by CHS for the sole purpose
of safely and securely providing and/or coordinating treatment and/or
healthcare services to patients incarcerated in the Maricopa County
Jail. SWBHS shall not use or disclose Criminal Justice Information
for any other purpose and will treat all Criminal Justice Information
as confidential as required by state and federal laws at all times and
take reasonable measures to maintain the security and confidentiality
of such information, SWBHS shall instruct its staff concerning the
confidential nature of Criminal Justice Information and the
applicable prohibitions against its use and disclosure.

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REPORTING OF UNAUTHORIZED USE OR DISCLOSURE OF
PHI:

CHS and SWBHIS shall, within twenty-four 24) hours of becoming
aware ot has reason to believe of an unauthorized use or disclosure
of PHI by either organization; or any of its Authorized Users,
officers, directors, employees, vendors, contractors, agents or by a
third party. Such notice shall be made to the following:

MARICOPA COUNTY CORRECTIONAL HEALTH
SERVICES (CHS)
Attn: BIT Team
Title: Unauthorized use or Disclosure of PHI
Address: 234 N Central Avenue, Suite 5350
City, State Zip: Phoenix, AZ 85004
Phone: (602) 506-0897
Emails: CHSHIMTEAM@Maricopa.gov
and CHSBIT@Maricopa.gov

SOUTHWEST BEHAVIORAL HEALTH SERVICES
Attn: Contracts Department

3450 N 3" Street

Phoenix, AZ 85012

602-265-8338

SBHContracts@sbhservices.org

R. ASSIGNMENT, DELEGATION AND EXECUTION:

L.

Neither party may assign this Agreement without the express,
written, prior consent of both parties, which shall not be unreasonably
withheld or delayed.

This Agreement does not imply authority to perform any tasks or
accept responsibility.

Sections and other headings contained in this Agreement are for
reference purposes and shall not affect in any way the meaning or
interpretation of this Agreement.

This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original but all of which together shall
constitute the same instrument. Faxed, copied, pdf digital, and
scanned signatures are acceptable as original signatures.

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5. This Agreement contains the entire understanding of the parties
hereto with respect to the matters covered, and it supersedes all
proposals, oral or written, and all other documents or
communications between the parties relative to the subject matter
herein covered, unless such documents or communications are
specifically included by reference,

6. All notices under this Agreement given by either party to the
other shall be in writing and shall be delivered in person or sent by
U.S. Postal Service, postage prepaid and addressed to the following
individuals:

MARICOPA COUNTY CORRECTIONAL HEALTH
SERVICES (CHS)

Attn: Lisa Struble

Title: CHS Department Director

Address; 234 N, Central Avenue, Suite 5000

City, State Zip: Phoenix, AZ 85004

Phone: (602) 350-1745

Email: Lisa.Struble@maricopa.gov

SOUTHWEST BEHAVIORAL HEALTH SERVICES
Attn: Contracts Department

3450 N 3" Street

Phoenix, AZ 85012

602-265-8338

SBHContracts@sbhservices.org

7. Prior to or simultaneously with the execution of this Agreement, SWBHS
shall provide CHS with proof, satisfactory to the County Attorney, that
the individual executing this Agreement on behalf of SWBHS is legally
authorized to bind SWBHS.

* Remainder of Page Intentionally Left Blank *

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective

dates written below.

SOUTHWEST BEHAVIORAL
HEALTH SERVICES
Authorized Individual:

Decutigned byt
py: 2a

“—8EF 597090229408...
Mike Fett

Name:

Title: CF

Date: 11/7/2022

Maricopa County Correctional
Health Services

Name: Lisa Struble
Title: MCCHS Director
Date: 11/8/22

MARICOPA COUNTY
BOARD OF SUPERVISORS

By:

Name:

Title: Chairman, Board of Supervisors

Date:

ATTEST:

Clerk of the Board
Date:

APPROVED AS TO FORM:

nee

Name: Davi An Be CHAT
Title: Deputy County Attorney

Date: M ] 9) 22

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Attachment A

JOINT TRAINING NEEDS FOR

MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES
AND SOUTHWEST BEHAVIORAL HEALTH SERVICES

I.

TIE

Background

The State Opioid Response (SOR) grant is a program funded by the Substance
Abuse and Mental Health Services Administration (SAMHSA). The grant's goal is
to help the community access:

Medication Assisted Treatment (MAT).

Coordinated and integrated care.

Opioid use disorder (OUD)/stimulant use disorder recovery support services.

Maricopa County Correctional Health Services (CHS) will enhance community
safety by working in a collaborative partnership with Southwest Behavioral Health
Services (SWBHS) to increase access to Medication Assisted Treatment (MAT),
Opioid Use Disorder (“OUD”) recovery support services, and opioid prevention
awareness,

“Reach-in” Care Coordination

To facilitate the transition of members transitioning out of jails and back into our
community, collaboration between CHS and SWBHS is critical to reentry
activities. Specifically, SWBHS will collaborate with CHS to accomplish “reach-
in” care coordination for individuals re-entering the community from correctional
settings to assist with access to Medication Assisted Treatment (MAT), integrated
healthcare, and Opioid use disorder (OUDYstimulant use disorder recovery support
services.

Data Sharing and Coordination

SWBHS and CHS will partner to accomplish the following:

A. Communicate timely data necessary for coordination of care in
conformance with all applicable administrative orders, state laws and
regulations, 42 CFR Part 2, and Health Insurance Portability and
Accountability Act (HIPAA) requirements that permit the sharing of
written, verbal, and electronic information,

B. Use data sharing agreements and administrative orders that permit the
shating of written, verbal, and electronic information at the time of
admission into the facility and at the time of discharge.

Protocols

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CHS will provide referrals to SWBHS by triaging community transition
needs with individuals and scheduling a MAT- SWBHS appointment in the
CHS EHR.

SWBHS will provide Navigation staff to complete face to face and video
visits with in-custody individuals to assess needs, provide MAT education
and develop a plan to link the individual to SUD/OUD/MAT treatment.

SWBHS will provide referrals for pre-release inductions to CHS and
provide courtesy releases to increase the likelihood of the individual going
to treatment

IV. Communication and Problem Resolving

A.

CHS and SWBHS will have monthly steering committee meetings to build
and strengthen relationship and address any problems or conflicts,
Additionally, SWBHS will identify and extend invitations to CHS, to
meetings appropriate for CHS participation.

Meetings shal! include opportunities for agency cross-training and for
identifying, communicating, and resolving problems to increase
understanding and knowledge of each other's mission, goals and how,
through agency collaboration, members are provided identified services
to improve their health and well-being and reduce recidivism.

SWBHS and CHS will work together to ensure processes from both
agencies are being practiced. On-going improvement efforts will focus
on reducing redundancies and providing timely, accurate and relevant
information to coordinate services and evaluate outcomes of those
services.

SWBHS and CHS will identify key staff who have the authority to assist
with disputes and find resolutions based on the agreements and best
interest of the populations jointly served. If necessary, this may include
the SWBHS Director (or designee) and the CHS Mental Health Director.
Meetings shall include opportunities to report identified gaps and
discuss and act on resolutions.

Vv. Joint Training Needs

SWBHS and its contracted providers and CHS will provide cross training
oppottunitiesas mutually agreeable needs are identified.

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