ARIZONA DEPARTMENT OF CORRECTIONS REHABILITATION AND REENTRY (ADCRR) IGA AMENDMENT #1.PDF

ADCRR No. 21-128-31
C-26-22-010-X-00
AMENDMENT No. 1
To
INTER-GOVERNMENTAL AGREEMENT
Between
MARICOPA COUNTY BY AND THROUGH ITS DEPARTMENT OF CORRECTIONAL HEALTH SERVICES
&
ARIZONA DEPARTMENT OF CORRECTIONS REHABILITATION AND REENTRY
WHEREAS, Maricopa County (“County”), by and through its Department of Correctional Health Services (“CHS”), and the Arizona
Department of Corrections Rehabilitation and Reentry (“ADCRR”) have entered into an Intergovernmental Agreement (“IGA”) to
provide access to CHS’ Electronic Health Record (“EHR”) system for sharing Protected Health Information (“PHI”) for the purpose
of continuity of care executed October 20, 2021.
WHEREAS, the parties have agreed to modify this IGA.
NOW, THEREFORE, the parties hereby agree to the following modifications in preparation for the Electronic Health Record (EHR)
transition;
Deletions are in strikethrough and additions are in bold:
PURPOSE:
CHS maintains an electronic health records Electronic Health Record (EHR) software system, specifically a licensed TechCare™
system, that contains electronically stored medical information about patients, including protected health information (PHI) as defined
below. The purpose of this Agreement is to set forth the terms and conditions under which ADCRR and its authorized users will be
allowed to access the CHS TechCare™EHR system in order to access patient information needed to provide and/or coordinate
treatment and/or healthcare services to patients, as well as to facilitate the County's compliance with its duties set forth under A.RS. §
31-132. The additional purpose of this Agreement is to agree that ADCRR's access to the TechCare™EHR system maintained by
CHS shall serve as the method of delivery of the medical records of prisoners who are being transferred from the County's jail
facilities to ADCRR's correctional facilities, delivery of which is required by A.R.S.§ 31-132.
DEFINITIONS:
A.
Authorized Use means the use and exchange of electronic health records in TechCare for treatment, payment, and/or
healthcare operations where permitted under federal and state law, including, but not limited to, A.R.S. § 31-132, HIPAA and
42 CFR Part 2. Circumstances for Authorized Use include the following: (i) the subject patient has signed an authorization
for the release of his or her protected health information and/or protected substance abuse treatment information on a form
that meets the requirements of HIPAA and/or 42 CFR Part 2, as applicable; (ii) a court order directs release of the patient's
records to the recipient; or (iii) an exception under federal and/or state law applies, such as for the purpose of treatment as
defined under HIPAA.
B.
Authorized Users refers to ADCRR and its respective employees and contracted healthcare providers, or other specifically
authorized persons identified by the parties, who are authorized to use the TechCare EHR system to access patient electronic
health records for Authorized Use.
G.
TechCare™(TechCare) Electronic Health Record (EHR) refers to the electronic health record EHR software system
licensed by the County and maintained by CHS.
SCOPE:
A.
Transmission of A.R.S. § 31-132 Medical Summaries: To communicate timely data necessary for coordination of care and to
comply with the requirements of A.R.S. § 31-132 and all applicable administrative orders, state laws and regulations, the
Parties agree that TechCare the EHR shall serve as the means for ADCRR to acquire copies of prisoners' county jail medical
record files, including prisoner mental health files, and any standardized prisoner medical record summaries (together,
"Prisoner Medical Files''). CHS shall ensure that Prisoner Medical Files meeting the requirements set forth in A.R.S. §
31-132 are available in TechCare the EHR to ADCRR and its designated Authorized Users (the “ADCRR Authorized
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Users”) (further addressed below) concerning prisoners who are subject to transfer, prior to or at the same time a prisoner is
transferred from a County jail facility to an ADCRR correctional facility.
Provided that Prisoner Medical Files are available for ADCRR and its ADCRR Authorized Users to access in TechCare the
EHR, and unless requested, CHS shall not be responsible for transferring or otherwise transmitting such records to ADCRR,
whether via facsimile, hand delivery, email, or other method. ADCRR acknowledges and agrees that CHS shall have no
responsibility for monitoring or confirming that ADCRR Authorized Users have acquired the Prisoner Medical Files.
B.
Access and Security:
1.
Access. ADCRR's Authorized Users (the "ADCRR Authorized Users") may access electronic health records in TechCare
the EHR, when Authorized Use is permitted. Access shall be limited to "read only" files that cannot be modified or
altered. Account request forms for login credentials must be obtained and returned to the CHS BIT Team (contact
information below).
2.
ADCRR as Super User. ADCRR, as an authorizing agent and super user, shall be responsible for assigning a limited
number of authorized users to act as ADCRR's agents by using assigned login credentials to access TechCare the EHR.
ADCRR shall be the managing supervisor of the ADCRR Authorized Users and shall be responsible for the
implementation of and adherence to appropriate user ID/password security procedures. ADCRR warrants that the
ADCRR Authorized Users shall be authorized only to the extent necessary to perform their functions on behalf of
ADCRR; each of the ADCRR Authorized Users shall be held to the same standard of confidentiality applicable to
ADCRR; and ADCRR shall be responsible for the use and access of TechCare the EHR by any such ADCRR
Authorized User. ADCRR shall ensure controlled access for each such ADCRR Authorized User and to promptly
terminate access should an ADCRR Authorized User no longer be authorized to have access to TechCare the EHR.
3.
Individual User Access Agreements. ADCRR acknowledges that before each of its ADCRR Authorized Users may have
access to TechCare the EHR, Authorized Users shall be required to read and agree to the terms of CHS's individual User
Access Agreement, attached as Exhibit A. ADCRR agrees to work cooperatively to fulfill this requirement and return
copies of the executed agreements to the CHS BIT Team.
4.
User IDs and Passwords. ADCRR will assure that when any individual ADCRR Authorized User, employee, agent, or
vendor, who may have had access to TechCare the EHR, is terminated, the user ID and access code (password) used by
the individual for TechCare the EHR is deactivated by submitting an account termination request to the CHS BIT Team.
ADCRR and ADCRR Authorized Users shall not divulge or share account user IDs and/or passwords. Any account
information that has been compromised shall be changed immediately by notifying the CHS BIT Team. CHS may
require ADCRR and/or ADCRR's designated agent to periodically provide written confirmation that the ADCRR
Authorized Users on file are current providers for ADCRR and in need of access to TechCare the EHR for the purposes
of continuity of care of prisoners.
C.
TechCare EHR Maintenance and Technical Issues: CHS shall, through normal procedures, manage TechCare the EHR user
provisioning. CHS shall supply TechCare EHR application changes to ADCRR as needed. ADCRR shall not be responsible
to pay TechCare EHR maintenance fees or modification fees; provided however, any maintenance fees or modification fees
specifically associated with ADCRR's and/or ADCRR Authorized User's access to TechCare the EHR shall be the
responsibility of ADCRR. Any technical issues with TechCare the EHR should be immediately reported to the CHS BIT
Team.
D.
Confidentiality of Medical Records: ADCRR understands that information available through TechCare the EHR is
confidential, electronic PHI. ADCRR agrees to preserve, and to cause its ADCRR Authorized Users to preserve, such
information as confidential in accordance with HIPAA and applicable state law. ADCRR will immediately notify, and cause
its ADCRR Authorized Users to immediately notify, the CHS BIT Team if any TechCare EHR portal security measures or
PHI have been compromised in any way, if there are any system errors, inaccuracies, faults, or if TechCare the EHR is being
used for unauthorized use or disclosure of PHI. ADCRR agrees not to use or disclose any PHI received from CHS and/or the
TechCare EHR system in any manner that would constitute a violation of this Agreement or federal or state law. ADCRR
sha11 take reasonable measures to ensure that its directors, officers, employees, vendors, contractors, and agents use or
disclose PHI received from CHS and/or the EHR system in accordance with the provisions of this Agreement and federal and
state law. ADCRR further agrees to implement all appropriate safeguards and training reasonably necessary to maintain the
confidentiality of the information accessed from CHS and/or through the TechCare EHR system.
E.
Confidentiality of Criminal Justice Information: ADCRR acknowledges that it and its ADCRR Authorized Users might be
given access by CHS via TechCare the EHR to Criminal Justice Information for the sole purpose of safely and securely
providing and/or coordinating treatment and/or healthcare services to patients who are or have been incarcerated in the
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County jails. ADCRR agrees that it will treat, and will cause its ADCRR Authorized Users to 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. ADCRR further agrees to instruct its directors, officers, employees, vendors,
contractors, and agents concerning the confidential nature of Criminal Justice Information and the applicable prohibitions
against its use and disclosure.
F.
Duty to Report Misuse. If ADCRR or any ADCRR Authorized Users become aware of or suspect fraudulent activity or any
other activity that may threaten the security of the TechCare EHR system or CHS inmate protected health information,
ADCRR and/or ADCRR Authorized Users must report such activity to the CHS BIT Team immediately. ADCRR and/or
ADCRR Authorized Users shall notify the CHS BIT Team within no less than twenty-four (24) hours of becoming aware of
an unauthorized access of TechCare the EHR or unauthorized use or disclosure of PHI accessed via TechCare the EHR,
whether by a member of its organization or by a third party. All notices to the CHS BIT Team shall be made to the following:
CHS BIT Team
234 N Central Avenue, Suite 5350
Phoenix, AZ 85004
Phone: (602) 359-5083
Email: CHSBIT@Maricopa.gov
G.
No Warranty: CHS does not warrant TechCare the EHR system or the data maintained in TechCare the EHR. The TechCare
EHR portal and its content is provided on an "as is" basis, and CHS makes no representation that any data sent to or from, or
residing at, the TechCare EHR system are safe from destruction, corruption, misdirection, or service interruption. ADCRR
acknowledges and agrees that use of TechCare the EHR system is at ADCRR's own risk.
H.
Compliance Auditing: ADCRR and CHS shall each monitor their own respective compliance with, and performance under,
the terms and conditions of this Agreement. Notwithstanding the foregoing, CHS reserves the right to audit account activity
by ADCRR Authorized Users at any time, with or without notice, to ensure compliance with the terms of this Agreement, the
terms of the individual User Access Agreement, and to assess the proper access and utilization of the TechCare EHR system.
SPECIAL TERMS AND CONDITIONS:
●
The IGA shall be renewed for an additional 5-year term from October 20, 2026, to October 20, 2031.
SECTIONS AND OTHER HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY AND
SHALL NOT AFFECT IN ANY WAY THE MEANING OR INTERPRETATION OF THIS AGREEMENT:
Attn: Tania Lynch Lisa Struble
Title: CHS Department Director
Address: 234 N. Central Avenue, Suite 5000 City, State Zip: Phoenix, AZ, 85004
Phone: (602) 372-4632 602-350-1745
Email: tania.lynch@maricopa.gov Lisa.Struble@maricopa.gov
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. If there is any conflict between the terms of the
Agreement and this Amendment, in all such events the terms of this Amendment shall control.
This Amendment is subject to cancellation pursuant to A.R.S. § 38-511.
IN WITNESS WHEREOF, this Amendment is executed on the date set forth below when executed by both Parties' Authorized
Representative.
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ARIZONA DEPARTMENT OF CORRECTIONS
MARICOPA COUNTY
REHABILITATION AND REENTRY
BOARD OF SUPERVISORS
Authorized Signature
Authorized Signature
Printed Name and Title
Chairman, Board of Supervisors
Date
Date
ATTEST:
____________________________________
Clerk of the Board
Date: _______________________________
Approved as to form:
____________________________________
Deputy County Attorney
Date: _______________________________
Kerry Wells, Chief Procurement Officer
9/17/24
Docusign Envelope ID: D85D66F6-122C-45FC-B187-A855BB69BFCF
10/3/2024