AGREEMENT BETWEEN COMMUNITY BRIDGES INC. AND MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES.PDF
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AGREEMENT
Between
MARICOPA COUNTY AND COMMUNITY BRIDGES INC.
This Care Coordination Agreement is entered into between COMMUNITY BRIDGES
INC. (“CBI”) and MARICOPA COUNTY (“COUNTY”) to be administered by its
DEPARTMENT OF CORRECTIONAL HEALTH SERVICES (“CHS”).
The County and CBI desire to enter into an Agreement to coordinate the care of their
mutual patients.
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 individuals
transitioning to the community.
II.
DEFINITIONS:
As used throughout this Agreement, the following terms shall have the meanings
set forth below:
A.
Agreement means this document and all attachments and amendments
hereto.
B.
County means Maricopa County.
C.
CHS means the Department of Correctional Health Services.
D.
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.
E.
Director means the Director of CHS.
F.
Medical Director means the Medical Director of CHS.
G.
Authorized Use means Protected Health Information provided by CHS to
CBI that shall be used and/or disclosed only as authorized by law including,
but not limited to the treatment of individuals identified as 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
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minimum necessary determination by CHS (45 CFR § 164.502(b)). When
reasonable to do so, CHS may rely upon the representations of CBI as to
what information is the minimum necessary for their lawful purpose (45
CFR § 164.514(d)(3)(iii)). Information regarding substance use or abuse
shall not be disclosed without the express written authorization of the
individual.
H.
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 2, 160 and 164.
I.
Electronic Health Record (“EHR”) refers to the electronic health record
software system licensed by the County and maintained by CHS.
J.
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.
III.
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.
B.
TERMINATION: This Agreement may be terminated by either party with
prior written notice to the other party. Such Notice of Termination by CBI
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 CBI 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 may
terminate this Agreement upon thirty (30) calendar days after mailing by
certified mail, return receipt requested, to CBI.
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C.
AMENDMENTS: Any changes to this Agreement shall be in writing and
signed by both parties.
D.
CBI & CHS’S RESPONSIBILITIES:
1.
CBI 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. CBI and
CHS shall comply with all federal, state, and local laws, ordinances,
rules, and regulations applicable to each party’s performance under this
Agreement. The parties will coordinate the care of mutual patients and
joint training opportunities as more fully described in Attachment A.
2.
There are no financial responsibilities assigned by this Agreement; the
Agreement is intended to allow CBI and CHS to work together to better
address the needs of the community. Nothing in this Agreement 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 Agreement 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.
3.
The parties intend to comply with and have structured this Agreement to
comply with all federal and state fraud and abuse laws including, without
limitation, the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b) and the
Ending Kickbacks in Recovery Act, 18 U.S.C. § 220. It is not a purpose
of this Agreement to induce the referral of patients. The parties
acknowledge there is no requirement or payment received under this
Agreement or any agreement between the parties for a party’s referral,
recommendation or arrangement for any items or services paid for by
Medicare, Medicaid, or any federal health care program.
E.
ONBOARDING: CHS requires CBI staff performing services under this
Agreement (“CBI 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. CBI Staff must complete the Onboarding Packet and provide all
required supporting documentation. CBI must submit the completed
Onboarding Packet with required supporting documentation to CHS via
email: CHSOnboard@maricopa.gov. CBI Staff shall remain in compliance
with the requirements as detailed in the Onboarding Packet. Prior to working
onsite, CBI is responsible for ensuring CBI Staff review the Contractor
Information
Packet;
available
online
at
the
following
link:
https://www.maricopa.gov/DocumentCenter/View/76559/Contractor-
Information-Packet
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F.
COMPLIANCE MONITORING: CHS shall conduct periodic quality
assurance audits to determine CBI’s proper access and utilization of its
EHR system to monitor respective compliance with, and performance
under, the terms and conditions of this Agreement.
G.
EHR RETENTION OF RECORDS: CBI 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.
H.
NON-DISCRIMINATION: To the extent applicable, CBI, 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. CBI shall comply with the
Americans with Disabilities Act.
I.
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.
J.
GOVERNING LAWS: This Agreement shall be governed by the laws of the
State of Arizona without regard to its choice of law principles.
K.
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, solely relating to, solely arising out of, or alleged to
have solely resulted from the indemnifying party’s 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.
L.
CONFLICTS OF INTEREST: This Agreement is subject to the provisions
of A.R.S. § 38-511.
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M.
ARBITRATION: To the extent applicable, the parties, in accordance with
ARS §12-1518, agree to resolve all disputes between the parties arising out
of or relating to this 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 services provided by CBI.
N.
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 CBI is not a public agency subject to public records
laws but is a private corporation.
O.
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.
The parties acknowledge that some PHI may also be protected by 42
C.F.R. Part 2. PHI protected by 42 C.F.R. Part 2 will only be used or
disclosed in compliance with 42 CFR Part 2 (e.g. by obtaining a
release of information from the individual).
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.
CBI 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. CBI 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. CBI shall instruct its staff concerning the
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confidential nature of Criminal Justice Information and the
applicable prohibitions against its use and disclosure.
5.
Each party is a “Covered Entity,” as that term is defined by HIPAA.
All disclosures of PHI 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.
Furthermore, the parties agree that neither party is providing any
services to or on behalf of the other party. As a result, neither party
is a “Qualified Service Organization” of the other party, as that term
is defined in 42 C.F.R. § 2.11.
6.
REPORTING OF UNAUTHORIZED USE OR DISCLOSURE OF
PHI:
CHS and CBI shall, within twenty-four (24) hours of becoming
aware 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
COMMUNITY BRIDGES INCORPORATED
Attn: Rodney Reed,
Title: Navigation Manager
Address: 1520 E. Pima St
City, State, Zip: Phoenix, AZ 85034
Phone: 480-320-9024
Email: RReed@Cbridges.com
FAX:480-775-2430
P.
ASSIGNMENT, DELEGATION AND EXECUTION:
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1.
Neither party may assign this Agreement without the express,
written, prior consent of both parties, which shall not be unreasonably
withheld or delayed.
2.
This Agreement does not imply authority to perform any tasks or
accept responsibility.
3.
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.
4.
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, and scanned
signatures are acceptable as original signatures.
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
COMMUNITY BRIDGES INCORPORATED
Attn: Rodney Reed,
Title: Navigation Manager
Address: 1520 E. Pima St
City, State, Zip: Phoenix, AZ 85034
Phone: 480-320-9024
Email: RReed@Cbridges.com
FAX:480-775-2430
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7.
Prior to or simultaneously with the execution of this Agreement, CBI
shall provide CHS with proof, satisfactory to the County Attorney, that
the individual executing this Agreement on behalf of CBI is legally
authorized to bind CBI.
* 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.
COMMUNITY BRIDGES INC
MARICOPA COUNTY
Authorized Individual:
BOARD OF SUPERVISORS
By:
By:
Name: ________________________
Name:
Title: _________________________
Title: Chairman, Board of Supervisors
Date:
Date:
Maricopa County Correctional
ATTEST:
Health Services
By:
Name:
Title: MCCHS Director
Clerk of the Board
Date:
Date:
APPROVED AS TO FORM:
By:
Name:
Title: Deputy County Attorney
Date:
John Hogeboom
President/CEO
10/13/2022
Lisa Struble
10/14/22
Davina Bressler
10/14/22
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Attachment A
TO
CARE COORDINATION AGREEMENT BETWEEN
MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES
AND COMMUNITY BRIDGES INC.
I.
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:
• MAT.
• Coordinated and integrated care.
• OUD/stimulant use disorder recovery support services.
CHS enhances community safety by working in a collaborative partnership with
healthcare providers to increase access to MAT, “OUD” recovery support
services, and opioid prevention awareness. The need for such collaboration is
supported by the following studies:
A.
95% of incarcerated opioid users return to use within 3 years of being
released from custody. (Marlowe, D. B. (2003). Integrating substance
abuse treatment and criminal justice supervision. Science & Practice
Perspectives, 2(1), 4-14).
B.
Research has found that when MAT is implemented, 55.9% of those
individuals do not relapse or recidivate (Clark, C. B., Hendricks, P. S.,
Lane, P. S., Trent, L., & Cropsey, K. L. (2014). Methadone maintenance
treatment may improve completion rates and delay opioid relapse for
opioid dependent individuals under community corrections supervision.
Addictive behaviors, 39(12), 1736-1740).
II.
“Reach-in” Care Coordination
The parties recognize that collaboration between CHS and CBI will facilitate the
successful transition of individuals from jail to the community and reduce
recidivism rates.
Specifically, CBI will collaborate with CHS to accomplish “reach-in” care
coordination for individuals re-entering the community from correctional settings
by assisting with access to MAT, integrated healthcare, and OUD/stimulant use
disorder recovery support services.
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III.
Data Sharing and Coordination
CBI and CHS will work together to accomplish the following:
A.
Timely communicate any data necessary for coordination of care in
conformance with all applicable administrative orders, state and federal
laws and regulations, 42 CFR Part 2, and HIPAA.
B.
Use data sharing agreements and administrative orders that permit the
sharing of written, verbal, and electronic PHI.
C.
When 42 C.F.R. Part 2 applies, a consent that complies with 42 C.F.R. §
2.31 will be obtained from the individual that permits the parties to
disclose the individual’s PHI to each other.
IV.
Protocols
A.
CHS will notify CBI of an individual needing “reach-in” services by
triaging community transition needs with incarcerated individuals and
scheduling an appointment in the CHS EHR.
B.
CBI will provide navigation staff to complete face to face and video visits
with in-custody individuals to assess needs, and when clinically
appropriate, provide MAT education and develop a plan to link the
individual to SUD/OUD/MAT treatment.
1.
C.
CBI will notify CHS of individuals who could clinically
benefit from pre-release MAT inductions and will coordinate the
care of such individuals.
V.
Communication and Problem Resolving
A.
CHS and CBI will have monthly steering committee meetings to build and
strengthen relationship and address any problems or conflicts.
Additionally, CBI will identify and extend invitations to CHS, to meetings
appropriate for CHS participation.
B.
Meetings shall 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.
C.
CBI 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
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information to coordinate services and evaluate outcomes of those
services.
D.
CBI 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
CBI Director (or designee) and the CHS Mental Health Director.
Meetings shall include opportunities to report identified gaps and
discuss and act on resolutions.
VI.
Joint Training Needs
CBI and its contracted providers and CHS will provide cross training
opportunities as mutually agreeable needs are identified.