ARIZONA COMPLETE HEALTH-COMPLETE HEALTHCARE PLAN MOU.PDF

MEMORANDUM OF UNDERSTANDING 
Between 
MARICOPA COUNTY AND  
ARIZONA COMPLETE HEALTH 
 
This Memorandum of Understanding (“MOU”) is entered into pursuant to the applicable Arizona Health Care Cost 
Containment System (“AHCCCS”) Contract, with Acute Care Center (“ACC”) Health Plan, between ARIZONA 
COMPLETE HEALTH (“AzCH”) and MARICOPA COUNTY by and through its DEPARTMENT OF 
CORRECTIONAL HEALTH SERVICES, (“CHS”). 
 
I. 
PURPOSE: 
 
The purpose of this MOU is to establish a collaborative protocol for effective communication, coordination, 
and continuity of care for individuals eligible for services provided by AzCH and who are also served by 
CHS. This MOU shall in no way change, modify, or amend the contract between AHCCCS and AzCH and 
does not create liability from one party to the other by a party's failure to comply with the protocol. Should 
any information within this MOU conflict with any terms or conditions within the AHCCCS contract, the 
AHCCCS contract shall prevail. 
 
II. 
DEFINITIONS: 
 
As used throughout this MOU, the following terms shall have the meanings set forth below: 
 
A. 
MOU means this document and all attachments and amendments hereto. 
 
B. 
County means Maricopa County. 
 
C. 
CHS means the Department of CHS. 
 
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 (“PHI”) provided by CHS to AzCH 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 MOU 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 AZCH 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. 
Health Insurance Portability and Accountability Act (“HIPAA”) refers collectively to the 
HIPAA of 1996, codified at 42 U.S.C. § 1330d 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 3009, 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 EHR system licensed by the County and 
maintained by CHS. 
 
J. 
PHI shall have the same meaning as defined under HIPAA and includes any information about 
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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. 
COLLABORATIVE AGREEMENT BETWEEN CHS AND AZCH 
 
A. 
Background:  
 
CHS enhances community safety by working in a collaborative partnership with AHCCCS, AzCH, 
and its contracted providers to provide research-based prevention and intervention services. AzCH's 
contracted providers deliver a range of healthcare services and treatment programs for adults and 
youth with physical health needs, serious mental illness, and other mental health and/or substance 
use disorders. 
 
To facilitate the transition of members transitioning out of jails and back into our community, 
collaboration between CHS and AzCH is critical to reentry activities. Specifically, AzCH will 
collaborate with CHS to accomplish "reach-in" care coordination for members who have been 
incarcerated in the Maricopa County Jail for 20 days or longer and have an anticipated release date. 
"Reach-in" care coordination activities shall begin upon knowledge of a member's anticipated 
release date. AzCH will collaborate with CHS to identify justice-involved members with physical 
and/or behavioral health chronic and/or complex care prior to member's release. 
 
B. 
Data Sharing and Coordination:               
 
AzCH and CHS will partner to accomplish   the following: 
 
1. 
Communicate timely data necessary for coordination of care in conformance with all 
applicable administrative orders, state laws and regulations, 42 CFR Part 2 and 164, and 
HIPAA requirements that permit the sharing of written, verbal, and electronic information. 
 
2. 
Use data-sharing MOUs 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. 
 
C. 
Collaborative Protocols:  
 
When AzCH becomes aware that a member is incarcerated and is subject to the "Reach-In" 
requirements, described above: 
 
1. 
The AzCH Point of Contact or designee will complete a Justice Transition Form (JTF) for 
GMHSU members with designated chronic conditions and send the JTF to CHS: 
 
a. CHS will confirm diagnosis/chronic condition in the EHR. 
b. CHS will complete the CHS section of the JTF and return it to AZCH - scan it into the 
EHR. 
 
2.  
If CHS identifies newly diagnosed chronic care conditions, CHS will complete a JTF and 
send it to AzCH Point of Contact or designee. 
 
3.  
If member has a diagnosis of HIV+, Medication Assisted Treatment (MAT), or Substance 
Use/Misuse, the member's written consent to release and share information must be 
completed and uploaded into the EHR prior to disclosure of the member's identifying 
information. 
 
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4.  
If member is in jail 20 days or more, the AzCH Point of Contact or designee will initiate a 
video or in person visit with the member. 
 
5.  
An appointment will be made with member's Primary Care Physician (PCP) to occur within 
7 days of release. 
 
6.  
The AzCH Point of Contact or designee will forward to CHS an "Introduction Letter," via 
secure email, with the following information: 
 
a. Appointment day/time 
b. Clinic name and location 
c. Health Plan Point of Contact (or designee) contact information. 
 
7.  
CHS will place this introduction letter into the member's property which will be provided 
upon jail release. 
 
8.  
CHS and AzCH Point of Contact or other health staff may coordinate special needs prior 
to jail release (such as courtesy release, medical equipment, or specific medications). 
 
D. 
Communication and Problem Resolving: 
 
CHS and AzCH will have quarterly steering committee meetings to build and strengthen 
relationships and address any problems or conflicts. Additionally, AzCH will identify and extend 
invitations to CHS, to provider level meetings appropriate for CHS participation. 
 
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. 
 
AzCH 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. 
 
AzCH 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 AzCH Chief Medical Officer (or designee) and the CHS Mental Health 
Director. Meetings shall include opportunities to report identified gaps and discuss and act on 
resolutions. 
 
E. 
Joint Training Needs: AzCH and its contracted providers and CHS will provide cross training 
opportunities as mutually agreeable needs are identified. 
 
IV.  
SPECIAL TERMS AND CONDITIONS: 
 
A. 
TERM OF MOU:  This MOU 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 MOU may be extended for supplemental periods of 12 months, up to maximum of 48 months. 
 
B. 
TERMINATION: This MOU may be terminated by either party with prior written notice to the 
other party. Such Notice of Termination by AzCH shall be effective 30 calendar days after mailing 
by certified mail, return receipt requested, to CHS. CHS may terminate this MOU, in whole or in 
part, immediately upon providing either written or verbal notice to AzCH when CHS deems the 
health or welfare of a patient is endangered. Either party may terminate this MOU immediately upon 
providing written or verbal notice when it deems that performance would be in violation of the law 
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or order of a court of law. For any other cause, CHS may terminate this MOU upon 30 calendar 
days after mailing by certified mail, return receipt requested, to AzCH. 
 
C. 
AMENDMENTS: Any changes to this MOU shall be in writing and signed by both parties.   
 
D. 
AZCH’s & CHS’ RESPONSIBILITIES: AzCH 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. AzCH and CHS shall comply with all federal, state, 
and local laws, ordinances, rules, and regulations applicable to each party’s performance under this 
MOU. There are no financial responsibilities assigned by this MOU; the MOU is intended to allow 
AzCH and CHS to work together to better address the needs of the community. 
 
E. 
COMPLIANCE MONITORING: CHS shall conduct periodic quality assurance audits to 
determine AzCH’s compliance with, and performance under, the terms and conditions of this MOU. 
 
F. 
RETENTION OF RECORDS: AzCH and CHS shall maintain records and other relevant 
documents to this MOU for five years following the termination or expiration of the MOU; provided 
however, if any audit questions are unresolved at the end of that five-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, AzCH, in accordance with A.R.S. § 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. AZCH shall comply with the 
Americans with Disabilities Act. 
 
H. 
EMPLOYMENT VERIFICATION: To the extent applicable, the parties shall comply with 
A.R.S. § 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 MOU shall be governed by the laws of the State of Arizona. Any 
litigation arising from the MOU, or the performance thereof will be decided in the federal or state 
courts of Maricopa County unless otherwise agreed to between the Parties. 
 
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 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 MOU. 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 MOU including any person for whose acts, errors, omissions or mistakes a party may be legally 
liable. 
  
K. 
EMPLOYMENT: Parties acknowledge that under this MOU no employee or participant of AzCH 
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. AzCH 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. 
 
L. 
NON-JOINT VENTURE: This MOU is not intended to constitute, create, give rise to, or otherwise 
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recognize a joint venture MOU, 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 
MOU. 
 
M. 
CONFLICTS OF INTEREST: This MOU is subject to the provisions of A.R.S. § 38-511. 
 
N. 
ARBITRATION: To the extent applicable, the parties, in accordance with A.R.S. §12-1518, agree 
to resolve all disputes arising out of or relating to this MOU 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 AzCH. 
 
O. 
PUBLIC RECORDS: Notwithstanding any other provision of this MOU 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 AzCH is not a public agency subject to public records laws but is a private 
corporation. 
 
P. 
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 MOU 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 MOU 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 AzCH’s Authorized Users may have access to CHS’ EHR system, AzCH’s 
Authorized Users will be required to read and agree to the terms of CHS’ 
user/confidentiality MOU. The parties shall work cooperatively to fulfill this requirement 
and return copies of the executed MOUs, as necessary. 
 
4. 
AzCH 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. AzCH shall not use or disclose Criminal Justice Information for any other 
purpose and will treat all Criminal Justice Information as confidential as always required 
by state and federal laws and take reasonable measures to maintain the security and 
confidentiality of such information. AzCH 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 AzCH shall, within 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: Business Integration Technology (BIT) 
Title: Unauthorized Use or Disclosure of PHI 
Address: 234 N Central Avenue, Suite 5350 
City, State Zip: Phoenix, AZ 85004 
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Phone: (602) 506-0897 
Emails: CHSBIT@maricopa.gov and CHSHIMTeam@maricopa.gov  
 
ARIZONA COMPLETE HEALTH 
Attn: Johnnie Gasper    
Title: Director of Justice & Crisis Systems 
Address: 333 E. Wetmore Road  
City, State Zip: Tucson, AZ 85705 
Phone: (520) 869-8145 
Email: Johnnie.Gasper@AzCompleteHealth.com      
 
Q. 
ASSIGNMENT, DELEGATION, AND EXECUTION: 
 
1. 
Neither party may assign this MOU without the express, written, prior consent of both 
parties, which shall not be unreasonably withheld or delayed. 
 
2. 
This MOU does not imply authority to perform any tasks or accept responsibility. 
 
3. 
Sections and other headings contained in this MOU are for reference purposes and shall 
not affect in any way the meaning or interpretation of this MOU.  
 
4. 
This MOU 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, 
digital, and scanned signatures are acceptable as original signatures. 
 
5. 
This MOU 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   MOU   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  
 
ARIZONA COMPLETE HEALTH 
Attn: Johnnie Gasper    
Title: Director of Justice & Crisis Systems 
Address: 333 E. Wetmore Road  
City, State Zip: Tucson, AZ 85705 
Phone: (520) 869-8145 
Email: Johnnie.Gasper@AzCompleteHealth.com        
 
7. 
Prior to or simultaneously with the execution of this MOU, AzCH shall provide CHS with 
proof, satisfactory to the County Attorney, that the individual executing this MOU on 
behalf of AzCH is legally authorized to bind AzCH. 
 
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IN WITNESS WHEREOF, the parties have executed this MOU as of the respective dates written below. 
 
 
 
ARIZONA COMPLETE HEALTH 
  
MARICOPA COUNTY 
Authorized Individual: 
 
 
 
BOARD OF SUPERVISORS 
 
 
 
 
 
By: 
 
 
 
 
 
  
By:  
 
 
 
 
 
 
Name:   
 
 
 
 
 
Name:   
 
 
 
 
 
Title:   
 
 
 
 
 
Title: Chairman, Board of Supervisors 
Date:   
 
 
 
 
 
Date:   
 
 
 
 
 
 
 
 
 
                                                 
ATTEST: 
 
 
 
                                                             
By:   
 
 
 
 
 
 
 
                                                            
Name:   
 
 
 
 
 
 
 
 
 
 
 
Title:  Clerk of the Board  
 
 
 
                                                 
Date:   
 
 
 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
By:  
 
 
 
 
 
 
 
 
 
 
 
 
 
Name:   
 
 
 
 
 
 
 
 
 
 
 
 
Title: Deputy County Attorney 
 
 
 
 
 
 
 
Date:   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Johnnie Gasper
Director, Crisis and Justice System
10/4/2024
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10/7/2024
Davina Bressler