AGREEMENT BETWEEN TERROS HEALTH AND MARICOPA COUNTY.PDF
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Contract Review/Approval Tracking Form
Vendor/Company: MARICOPA COUNTY
Contract Type: Collaborator
Department: Grants
Contact Person: Tiara Crouse
Purpose/Description: MAT services agreement. The purpose of this Agreement is to establish a program to
support services, and opioid prevention awareness for incarcerated patients transitioning to the community.
_______________________________________________________ _________________________________
Other/Director/Program Lead _ _
___ Tiara Crouse __________________approved by email_________________________________________________
Printed Name
Signature
Date
_______________________________________________________ ________________________________
_________________________________________ ___________ ______________
Director of Payer Relations and Contracting _ ________ ________________________ __
Christine Mahlstede ________________________________________________________________________________
Printed Name
Signature
Date
______________________________________________________ _________________________________
FOR CONTRACTS DEPARTMENT USE ONLY
Date Received: ____________________
Date sent to Vendor: _______________
Date Executed: ____________________
Tiara M. Crouse, MSW
8/19/22
AGREEMENT
Between
MARICOPA COUNTY AND TERROS HEALTH
This Agreement for Joint Training Needs is entered into between TERROS
HEALTH
to
be
administered
by
its
The County and TH 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
OUD
recovery
support services, and opioid prevention awareness for incarcerated patients
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
TH 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 TH 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 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
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 TH
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 TH 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 TH.
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C.
AMENDMENTS: Any changes to this Agreement shall be in writing and
signed by both parties.
D.
TH
IES: TH 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
responsibilities. TH and CHS shall comply with all federal, state, and local
laws, ordinances, rules,
performance under this Agreement. There are no financial responsibilities
assigned by this Agreement; the Agreement is intended to allow TH and CHS
to work together to better address the needs of the community.
E.
COMPLIANCE MONITORING: CHS shall conduct periodic quality
assurance audits to
proper access and utilization of its
EHR system to monitor respective compliance with, and performance
under, the terms and conditions of this Agreement.
F.
RETENTION OF RECORDS: TH 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.
G.
NON-DISCRIMINATION: To the extent applicable, TH, 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. TH shall comply with the Americans
with Disabilities Act.
H.
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.
I.
GOVERNING LAWS: This Agreement shall be governed by the laws of
the State of Arizona.
J.
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
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
indemnify and hold harmless the other party, its agents, representatives,
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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,
this Agreement including any person for whose acts, errors, omissions or
mistakes a party may be legally liable.
K.
CONFLICTS OF INTEREST: This Agreement is subject to the provisions
of A.R.S. § 38-511.
L.
ARBITRATION: To the extent applicable, the parties, in accordance with
ARS §12-1518, agree to resolve all disputes 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 TH.
M.
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 TH is not a public agency subject to public records
laws but is a private corporation.
N.
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
access to the
EHR application system, Authorized Users will be
user/confidentiality agreement. The parties shall work cooperatively
to fulfill this requirement and return copies of the executed
agreements, as necessary.
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4.
TH; 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. TH 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. TH shall instruct its staff concerning the
confidential nature of Criminal Justice Information and the
applicable prohibitions against its use and disclosure.
5.
REPORTING OF UNAUTHORIZED USE OR DISCLOSURE OF
PHI:
CHS and TH shall, within twenty-four (24) hours of becoming aware
or 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
TERROS HEALTH
Attn: Tiara Crouse
Title: VP of Strategic Growth and Grant Development
Address: 3003 N. Central Avenue, Suite 400
City, State Zip Code: Phoenix, AZ 85012
Phone: (602) 685-6065
Email: Tiara.Crouse@TerrosHealth.org
O.
ASSIGNMENT, DELEGATION AND EXECUTION:
1.
Neither party may assign this Agreement without the express,
written, prior consent of both parties, which shall not be unreasonably
withheld or delayed.
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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
TERROS HEALTH
Attn: Tiara Crouse
Title: VP of Strategic Growth and Grant Development
Address: 3003 N. Central Avenue, Suite 400
City, State Zip: Phoenix, AZ 85012
Phone: (602) 685-6065
Email: Tiara.Crouse@TerrosHealth.org
7.
Prior to or simultaneously with the execution of this Agreement, TH shall
provide CHS with proof, satisfactory to the County Attorney, that the
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individual executing this Agreement on behalf of TH is legally
authorized to bind TH.
* 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.
MARICOPA COUNTY
BOARD OF SUPERVISORS
By:
Name:
Title: Chairman, Board of Supervisors
Date:
ATTEST:
Clerk of the Board
TERROS
HEALTH
Authorized Individual:
By:
Name:
Title:
Date:
Maricopa County Correctional Health
Services
By:
Name:
Title: MCCHS Director
Date:
Date:
APPROVED AS TO FORM:
By:
Name:
Title: Deputy County Attorney
Date:
8/22/22
Lisa Struble
Wayne J. Peck
August 24, 2022
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Attachment A
JOINT TRAINING NEEDS FOR
MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES
AND TERROS HEALTH
I.
Background
Maricopa County Correctional Health Services ( CHS ) enhances community
safety by working in a collaborative partnership with TERROS HEALTH ( TH )
to increase access to Medication Assisted Treatment (MAT), Opioid Use Disorder
OUD
recovery support services, and opioid prevention awareness.
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).
C.
MAT uses medications that address the withdrawal and craving for opiate
based drugs, including heroin and prescription pain relivers.
II.
-
To facilitate the transition of members transitioning out of jails and back into our
community, collaboration between CHS and TH is critical to reentry activities.
-
coordination for members who have been incarcerated in the adult correctional
system for 30 (thirty) days or longer and have an anticipated release date.
-
anticipated release date.
III.
Data Sharing and Coordination
TH 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.
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B.
Use data sharing agreements and administrative orders that permit the
sharing of written, verbal, and electronic information at the time of
admission into the facility and at the time of discharge.
IV.
Protocols
A.
TH will assist with connections to the following resources in the
community:
1.
Counseling and Substance Abuse Treatment
2.
Medical services/Primary Care Physician
3.
Recovery home/sober living placement
4.
Low-income housing
5.
Employment
6.
GED and literacy
7.
Identification
8.
9.
Food/food boxes
B.
CHS will provide referrals to TH.
C.
The TH Team will do the following upon receipt of a referral:
1.
Complete a face-to-
reach
to assess Level of Care
2.
Discuss services to confirm participation and establish a plan
3.
Provide and complete consent paperwork and Transportation
Agreement
4.
Schedule an intake appointment within three (3) days of release
5.
Schedule PCP appointment within seven (7) days of release
V.
Communication and Problem Resolving
A.
CHS and TH will have monthly steering committee meetings to build and
strengthen relationship and address any problems or conflicts.
Additionally, TH 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.
TH 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
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services.
D.
TH 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 TH 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
TH and its contracted providers and CHS will provide cross training opportunities
as mutually agreeable needs are identified.