C-26-17-007-G-00.PDF

Maricopa County — Formal (2020-06-10)

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FOCUS AWARD LETTER

April 03, 2017

Dr, Jeffrey Alvarez

Director of Correctional Health Services
Maricopa County Correctional Health Services
3250 West Lower Buckeye Road

Phoenix, AZ 85009

Dear Dr. Jeffrey Alvarez:

On behalf of Gilead Sciences, Inc. (“Gilead”), I am pleased to inform Maricopa County Correctional Health
Services (“Organization”) that your request for a FOCUS award (“Award”) to develop a replicable model program that
embodies best practices in HIV and/or hepatitis screening and linkage to care (“Project”), as set forth in greater detail in
your proposal and budget dated March 27, 2017, has been approved in the amount of Three Hundred Thirty Nine

Thousand Three Hundred Seventy Seven Dollars ($339,377).

PROSPECTIVE AWARD FUNDS WILL BE DISBURSED ONCE: 1) GILEAD HAS RECEIVED A SIGNED COPY OF THIS
FOCUS AWARD LETTER (“AWARD LETTER”) AND 2) GILEAD AND ORGANIZATION HAVE MUTUALLY EXECUTED AN
FOCUS AGREEMENT (“AGREEMINT”). Subject to the above, Gilead will disburse the Award to Organization as follows:
(a) sixty percent (60%) of the Award funds within thirty (30) business days of the date on which Organization has
executed this Award Letter; (b) thirty percent (30%) of the Award funds upon Gilead’s approval of the interim Report (as
defined in the Agreement) detailing the progress of the Project from July 01, 2017 through January 01, 2018, and
submitted to Gilead no later than February 01, 2018; and:(c) ten percent (10%) of the Award funds upon Gilead’s
approval of the final Report (as defined in the Agreement) detailing the full scope of the Project through July 01, 2018, —
and submitted to Gilead no later than August 01, 2018. Awatd funds will be sent to you electronically through Gilead’s

vendor disbursement system.

This Award Letter and Organization’s use of Award funds shall be governed by the terms and conditions
contained in the Agreement, into which this Award Letter and associated Budget are incorporated as Exhibit C.1.

Please sign below to indicate agreement to this Award Letter, make a copy for your files, and return a signed copy
via email to Jeffrey Eggert, Regional Lead at Jeff. Eggert@gilead.com.

Sincerely, :

Kacy Hutchison - Vice President, Government Affairs

Acknowledged and Agreed to:

Maricopa Co' Corre al Health Services :
EST:
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Name DENNY BARNEY VA

Tee SUPERVISORS

Tie: _cHARY AR BQN F SUPER ete of the Board oso) Approved as to form
Mee hc.

Michelle Wood
1179.5 Deputy County Attorney

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Confidential information not subject to disclosure
under FOIA or state freedom of information and open records laws.

MASTER FOCUS AGREEMENT

THIS MASTER FOCUS AGREEMENT (“Agreement”) is entered into as of July 01, 2017,
(“Effective Date”) by and between Gilead Sciences, Inc., with a principal place of business at 333
Lakeside Drive, Foster City, CA 94404 (“Gilead”) and Maricopa County administered by and through
the Maricopa County Department of Correctional Health Services, with a principal place of business at
3250 W Lower Buckeye Road, Suite 2100 Phoenix, Maricopa, AZ 85009 (“Organization”). Gilead and
Organization are hereafter collectively referred to as “Parties” and each may individually be referred to

as a “Party.”

RECITALS

WHEREAS, Gilead is a biopharmaceutical company that researches, develops, manufactures, and
markets human pharmaceuticals for certain diseases, including the hepatitis C virus (“HCV”), hepatitis B
virus (“HBV”) and the Human Immunodeficiency Virus (“HIV”);

WHEREAS, a growing body of research shows that opt-out testing can play a strong role in
getting more individuals tested, extending earlier and better care to infected individuals, improving
quality of life, and promoting better disease management that reduces new infections; and

WHEREAS, in light of the 2006 Centers for Disease Control (“CDC”) recommendations for
routine opt-out HIV testing, the 2012 CDC recommendations for HCV screening, the US Preventive
Services Task Force recommendations for routine HIV, HCV, and HBV screening, and other recognized
best practices in HIV, HCV, and HBV screening, Organization desires to develop and promote a
replicable model program that embodies best practices in HIV, HCV, and/or HBV screening and linkage

to care (“Project”); and

WHEREAS, Gilead desires to provide funds to Organization through its Frontlines of
Communities in the United States (FOCUS) Program to financially support such efforts.

NOW, THEREFORE, in consideration of these premises and of the mutual agreements,
covenants and conditions of this Agreement, the Parties now agree as follows:

1. PROJECT AWARD, BUDGET AND SERVICES

Gilead may provide funds (each grant of funds, an “Award”) in the amount of $339,377 to
Organization from time to time with such additional other funds that may become available and
subject to the terms and conditions of this Agreement; provided, however, Gilead is not required to grant
any Award hereunder. Organization shall be required to submit a proposal, or similar documentation, to
Gilead prior to Gilead’s approval of any Award. Each proposal shall include Organization’s proposed
scope and budget (“Budget”) for use of the Award. Gilead will notify Organization in writing when an
Award has been approved and will describe the anticipated date(s) of disbursement(s) for the Award
(such notification, the “Award Letter”). Gilead intends that any Award shall only be used to support
Organization’s mission of developing and promoting a program that embodies best practices in HIV,
HCV, and/or HBV screening and linkage to care and Organization acknowledges and agrees that Award
amounts will only be spent by Organization in furtherance of such activities and in accordance with the
applicable Budget. Gilead’s prior written approval (which may include approval made via email by a
representative authorized to bind Gilead) is required before any material change in the applicable Project
scope or Budget may be made by Organization.

441200.7 Page 1 of 12

Any Award Letter must be acknowledged in writing by Organization prior to the disbursement of
any Award funds thereunder. After such acknowledgement by Organization, the Award Letter and
associated Budget will be incorporated into this Agreement as Exhibit C. The first Award Letter issued to
Organization under this Agreement will be designated Exhibit C.1; subsequent Award Letters, if granted,

will be designated Exhibit C.2 ef seq.

Any authorized re-allocation of Budget expenditures requires Gilead’s prior written approval if a
change is more than 10% of each line item or more than 10% of the total Budget. Staff or personnel
allocations may not be changed without Gilead’s prior written approval.

2. OBLIGATIONS

(a) Reporting Obligations. Organization shall submit to Gilead or Gilead’s designee
(which may include ICFI, Inc.) (i) interim and final reports, (ii) quarterly data reports, and (iii) monthly
high level estimated data reports, as instructed by Gilead (each interim report, final report, quarterly data
report, and monthly estimated data report, a “Report” hereunder). Interim and final Reports shall be
submitted by Organization in accordance with the timelines contained within the applicable Award Letter.
The interim and final Reports shall include, at a minimum, the following information specific to the

Project:

e A narrative update on progress of the Project;

e The type and nature of any expenditure of Award amounts to date;

e An attestation that any expenditure of Award amounts to date, including but not limited to
expenditures for travel and full time equivalent (“FTE”) time, are (1) accurate and (2)
reasonable and necessary to fulfill the Project goals;

e A description of the Project Data (defined below) provided by Organization to Gilead or
Gilead’s designee, and confirmation that all applicable Project Data has been submitted to
Gilead or Gilead’s designee on a monthly basis; and ‘

e Any other information reasonably requested by Gilead and readily available to Organization
related to the Project, the services performed by Organization hereunder or the Award.

If actual Award expenditures for FTE time or travel are below budget, or anticipated to be below
budget, at the time of either the interim or final Report, Organization will at Gilead’s sole option either:
(1) re-allocate Award amounts for other necessary Project-related costs or (2) return unused Award funds
to Gilead.

The quarterly data Reports shall be generated by Organization and contain the data listed on
Exhibit A attached hereto and incorporated herein (“Project Data”). The monthly estimated data Reports
shall be generated by Organization and contain the data listed on Exhibit B, attached hereto and
incorporated herein.

(b) Publication Obligations. Organization shall analyze (or have analyzed) the
Project Data and, subject to Section 6(d) below, shall use best efforts to (i) present such analyzed Project
Data at professional conferences; (ii) publish such analyzed Project Data in a peer-reviewed publication
or professional publication; and (iii) publish best practices and lessons learned related to its testing and
testing-related services in publicly-available print or web materials. All presentations, publications, or
other materials disseminated by Organization under this section 2(b) or under any other section of this
Agreement which concern the Project or Project Data shall include the statement “Supported by funding

from Gilead Sciences, Inc.”

1181.18 Page 2 of 12 Confidential

(c) Summit Obligations. Organization shall attend periodic meetings related to
Gilead’s FOCUS Program, which includes roundtable discussions regarding various’ partners FOCUS
projects, best practices regarding testing and linkage to care services, and emerging methods and
developments in the field (“Summit”). Organization shall participate in the Summit at a location selected
by Gilead upon reasonable advanced notice, at Gilead’s cost. Organization shall allocate a portion of the
Budget to cover its reasonable travel costs and related expenses to attend the Summit. If actual Summit
expenditures for travel costs and related expenses are below budget, Organization will at Gilead’s sole
option, either: (1) re-allocate Award amounts for other necessary Project-related costs or (2) return

unused Award funds to Gilead.

3. REPRESENTATIONS, WARRANTIES AND COVENANTS

(a) Mutual Representations. The Parties mutually represent, warrant and covenant to
each other that:

(i) Each will comply with all applicable federal, state, and local laws and
regulations applicable to the Project, including without limitation, the federal healthcare program anti-
kickback statute, 42 U.S.C. § 1320a-7b(b) and

(ii) The Award and any ancillary Project support are not provided as an
inducement or reward for the purchase, use or recommendation of any product manufactured or marketed
by Gilead or to promote such products, and Organization shall not promote Gilead products, directly or
indirectly.

(b) Organization Representations. Organization further represents, warrants and
covenants to Gilead that:

(0) Organization has the full right and authority to enter into and to carry out
this Agreement and that it has no obligations, commitments or restrictions that limit its ability to do so
including, without limitation, as a condition to the receipt of any federal or state funds;

(id) Organization is not otherwise required under any contract or agreement
with any third party to carry out the activities that are part of the Project subject to the Award;

(iii) The Project is not of the type requiring Institutional Review Board (IRB)
approval or waiver; or alternatively, Organization has obtained, or will obtain prior to undertaking the
Project, IRB approval or waiver;

(iv) — Organization will comply with all conditions imposed upon Organization
as a recipient of federal and/or state funds, including any obligation to report the receipt of the Award as
may be so required and the federal Health Insurance Portability and Accountability Act of 1996
(“HIPAA”) and will only transmit Project Data that has undergone de-identification. Organization
acknowledges that Gilead is not a covered entity and therefore is not subject to HIPAA;

(v) If Organization obtains individually identifiable health information about
one or more individuals in connection with the Project, Organization will safeguard any and all such
individually identifiable health information (as defined under HIPAA), including against disclosure to
Gilead (through the submission of Project Data or otherwise), and shall use or disclose said information
only as permitted by applicable state and federal laws, including without limitation applicable
administrative simplification provisions of HIPAA;

1181.18 Page 3 of 12 Confidential

(vi) No Report shall include any information related to any patient served
under the Project in relationship to any Gilead or other pharmaceutical manufacturer’s product, or any
information relating to the nature or number of prescriptions for any Gilead or other pharmaceutical

manufacturer’s products;

(vii) The Award will only be used in accordance with this Agreement and not
for any direct patient care or overhead or general expenses (except as may otherwise be listed in the
applicable Budget), the Award amounts, if any, which are allocated in the applicable Budget to personnel
costs are an accurate representation of the number of personnel needed to execute the Project, and Award
amounts, if any, which are allocated in the applicable Budget to service, upkeep, or warranty costs of
Organization’ s existing diagnostic testing equipment, are reasonably related to the incremental use of the
equipment under the Program;

(viii) Organization will not bill or seek reimbursement from any third parties,
including any federal or state health care programs or other federal or state funding sources for any testing
kits, lab screenings, equipment, or other items or services to be provided through the use of Award funds
pursuant to this Agreement or otherwise in connection with the Project;

(ix) Organization will not claim as a cost in any cost report submitted to any
third party, including any federal or state health care programs or other federal or state funding sources,
any equipment, testing kits, or other items or services provided to Organization through the use of Award
funds pursuant to this Agreement or otherwise in connection with the Project;

(x) Organization has not been, and during the term of this Agreement shall
not be debarred, excluded or suspended from participation in any federal or state health care program, nor
convicted of a crime for which a person can be debarred under 21 U.S.C. § 335a, nor threatened to be
debarred or indicted for a crime or otherwise engaged in conduct for which a person can be debarred;

\ (xi) | Organization understands and agrees that it is solely responsible for all
decisions regarding selection of the medical provider(s) to which patients may be linked pursuant to the
Project; and

(xii) Organization understands and agrees that any decisions regarding
treatment or treatment referrals are to be made solely by a licensed health care provider in consultation
with his or her patient, and that Organization shall not attempt in any manner to influence the choice of
therapy in favor of any particular pharmaceutical or other treatment, including without limitation
pharmaceuticals manufactured or marketed by Gilead. Various referral options will be available to
facilitate patients’ needs and preferences.

4. CONFIDENTIAL INFORMATION

“Confidential Information” hereunder shall include, but not be limited to, Gilead’s FOCUS
Program information, budget details, proposals, agreements, Gilead personnel, standards, and related
know-how, research and development data; provided, however, Confidential Information shall not include
any information that (a) has become generally available to the public (other than as a result of any
unauthorized disclosure by Organization); (b) was or becomes available to Organization on a non-
confidential basis from a source other than Gilead, provided such source is not bound by a confidentiality
understanding with Gilead or another party; or (c) was independently developed by Organization without
use of the Confidential Information (as evidenced by written records). Organization shall indicate thereon
that the information is considered to be Gilead’s confidential information that is exempt from disclosure,
including under the Freedom of Information Act (“FOIA”) 5 U.S.C. § 552(b)(4), and if Organization is

1181.18 Page 4 of 12 Confidential

advised that such information will be released or believes it is legally compelled to disclose any Gilead
Confidential Information, Organization shall provide Gilead with prompt notice so that it may seek a
protective order or other appropriate remedy, or waive compliance with the provisions of this Agreement.
The action to obtain a protective order described in the preceding sentence shall be undertaken (if at all)
in sole discretion of Gilead and a protective order or other appropriate relief must be sought within ten
(10) business days from the date that notification of the public records request is delivered by the
Organization to the Gilead. Organization shall not, under any circumstances, be responsible for securing a
protective order or other relief enjoining the release of records, nor shall Organization be in any way
financially responsible for any costs associated with securing such an order. In the event no protective
order is sought or obtained, the Organization may release public records redacting confidential and
personal identifying information in response to a valid public records request pursuant to the Arizona
Public Records Law (A.R.S. 39-121 et seq.) Organization shall keep Gilead’s Confidential Information,
and any and all documents or information derived there from, strictly confidential and shall not disclose
such information in any manner to any third party, including any other governmental agency or
department (federal or state), without Gilead’s prior written consent. This Section 4 shall apply during
the term of this Agreement and for up to three (3) years from the date of expiration or termination of this

Agreement.
5. GOVERNMENT REPORTING OBLIGATIONS

Organization understands and agrees that Gilead may be required to post or report to government
entities all amounts disbursed to Organization under this Agreement. Organization further agrees to
provide, at Gilead’s reasonable request, any information necessary for Gilead to make such required

posting or reporting.

In addition, Organization acknowledges that certain payments made by Gilead may be subject to
reporting to the federal government and subsequent public disclosure under the U.S. Physician Payment
Sunshine Act, 42 U.S.C. § 1320a-7h, and the regulations implemented thereunder, including (i) funds
paid to teaching hospitals and (ii) funds used by Organization to make payments or other transfers of
value to U.S.-licensed physicians or teaching hospitals. Accordingly, Organization hereby consents to
Gilead’s disclosure of such information and agrees to provide to Gilead any information necessary for
such required reporting.

6. MISCELLANEOUS

(a) Indemnification. Organization agrees to indemnify, defend and hold harmless
Gilead from any and all claims, losses, liabilities, damages, expenses and costs arising out of or in
connection with the Project or this Agreement, except to the extent any such claim results from the

negligence or willful misconduct of Gilead.

(b) Inspection. Gilead (or its designee) may, upon thirty (30) days’ notice, inspect
Organization’s books and records as they pertain to the Award. In the event of any such inspection,
Organization will take reasonable precautions to avoid the disclosure of any individually identifiable
health information. Upon any reasonable request made by Gilead from time to time, Organization shall
submit to Gilead any audited financial statements or auditor reports (for the most recently completed

fiscal year) that are available.

(c) Term and Termination. The term of this Agreement will commence on July 01,
2017 (Effective Date) and will continue until terminated in writing in accordance with this Section 6(c).

1181.18 Page 5 of 12 Confidential

(i) Pursuant to A.R.S. §38-511, the Organization may cancel this
Agreement without penalty or further obligation within three years after execution of the
contract, if any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the Organization is at any time while the Agreement or any
extension of the Agreement is in effect, an employee or agent of any other Parties to the
Agreement in any capacity or consultant to any other Party of the Agreement with respect to the
subject matter of the Agreement. Additionally, pursuant to A.R.S § 38-511 the Organization
may recoup any fee or commission paid or due to any person significantly involved in initiating,
negotiating, securing, drafting or creating the Agreement on behalf of the Organization from any
other Party to the Agreement arising as the result of the Agreement .

(ij) This Agreement may be terminated without cause:
a. by Gilead, effective upon thirty (30) days written notice to Organization;

b. by Organization effective as of the one (1)-month anniversary of
Organization’s submission of its final Report (pursuant to Section 2(a) above)
required under the Award Letter then in effect; and

c. by either Party immediately upon the other Party’s insolvency, filing of a
petition in bankruptcy, making an assignment for the benefit of creditors,
becoming subject to any proceeding under bankruptcy or insolvency law, or
winding up or liquidation, voluntarily or otherwise.

d. by either Party upon the other Party’s material breach of the Agreement.

(d) Upon any termination, Organization will be required to return to Gilead, within
seven (7) days, any Award (or portion of an Award) provided, but not yet expended prior to the date of
termination. The termination of this Agreement shall not relieve any Party of its obligations with respect
to any obligations which by their terms would reasonably survive.

(e) Publicity. Organization agrees not to issue (nor instruct its partners or agents to
issue) any press release, publication or other general public announcement regarding this Agreement or
services provided under this Agreement (including press releases, publications or general public
announcements required under Section 2(b) above), without the prior written consent of Gilead.
Moreover, any press release, publication or public announcement by Organization or its agents or
partners, arising out of this Agreement and/or utilizing the Project Data, shall include the following
acknowledgment: “Supported by funding from Gilead Sciences, Inc.”

(f) Gilead Right to Use Project Data. Gilead and its agents shall have a non-
exclusive, irrevocable right to use the Project Data for internal research, non-commercial and publication
purposes, and Organization shall cooperate with Gilead and its agents in order to fulfill such purposes.
Gilead and its agents shall also have an irrevocable right to share the Project Data with certain
government entities, including the CDC. In the event Gilead or its agents publish the Project Data
(including via publications that combine the Project Data with data from other testing or awareness
projects), Gilead shall have the right to attribute Organization’s name as a source of such published data.

(g) Relationship of the Parties. Organization shall at no time hold itself out as an
agent, partner, subsidiary or affiliate of Gilead for any purpose and shall have no authority to act on
behalf of or bind Gilead to any obligation. Likewise Gilead shall not hold itself out as an agent, partner

1181.18 Page 6 of 12 Confidential

or subsidiary of the Organization for any purpose and shall have no authority to act on behalf or bind
the Organization to any obligation.

(h) Governing Law. All questions relating to the execution, interpretation and
performance of this Agreement shall be governed by the laws of the State of Arizona.

(i) Notices. All notices to either Party (each a “Notice”) will be in writing, will
refer specifically to this Agreement and will be hand delivered or sent by express courier service, costs
prepaid to the respective address specified below (or to such other address as may be specified by Notice
to the other Party):

If to Organization, to: Correctional Health Services
ATTN: CHS Director
3250 W. Lower Buckeye Road Suite 2100
Phoenix, AZ 85009

If to Gilead, to: Gilead Sciences, Inc.
Attn: Sr. Director, Government Affairs
333 Lakeside Drive
Foster City, CA 94404

With a copy to: Gilead Sciences, Inc.
Attn: Commercial Legal
333 Lakeside Drive
Foster City, CA 94404

Such Notice will be deemed to be duly provided when received if sent by courier service
or when delivered if transmitted by hand delivery.

@ Entire Agreement, Modification, Assignment and Counterparts. This Agreement
constitutes the entire understanding between the Parties and supersedes all prior written or oral proposals
or agreements pertaining to the subject matter herein. No modification of this Agreement will be
effective unless made in writing and executed by duly authorized representatives of each Party.
Organization may not assign this Agreement without the prior written consent of Gilead. This Agreement
may be executed in multiple counterparts, each of which shall be deemed as original, but all of which,
when taken together, shall constitute one and the same instrument.

(kK) Severability. If any provision of this Agreement is held invalid, all other
provisions of this Agreement shall remain in effect; provided, however, that the invalid provision may be
modified by the Parties, an arbitrator or a court of law, as needed to make such provision valid.

() No Subcontractors. Organization shall not subcontract or otherwise delegate any
of its obligations under this Agreement without Gilead’s prior written consent. Organization shall be
responsible for the direction and coordination of any subcontractor and shall ensure the subcontractor's
compliance with the terms and conditions of this Agreement. Each subcontractor hereunder shall be
retained directly by Organization and no contractual or agency relationship shall be created between
Gilead and a subcontractor. Gilead shall have no obligation to pay any subcontractor. Gilead’s consent
to a subcontractor shall not in any way relieve Organization of any duty or responsibility under this

Agreement.

1181.18 Page 7 of 12 Confidential

(m) Survival. The provisions of this Agreement, which by their very nature would
continue beyond termination, or expiration of this Agreement, including without limitation, Sections 2, 4,
5, and 6, and any other provision of this Agreement that by its terms would survive expiration or
termination, will continue as valid and enforceable rights and obligations of the Parties and survive
termination or expiration of this Agreement.

(n) Publicly Traded Company. Organization acknowledges that Gilead is a publicly
traded company and that, in the course of performance under this Agreement, Organization may learn of
material, non-public information regarding Gilead. Organization understands that federal and state
securities laws prohibit Organization or any other person or entity from purchasing or selling Gilead
securities while in possession of any such material, non-public information or from disclosing such
information to others. Accordingly, Organization’s personnel engaged in performance of the Agreement
shall not purchase, sell or advise others to purchase or sell Gilead securities while in possession of any
material, non-public information and will not disclose such information to others subject to the Public

Records Law and the terms of paragraph 4, above.

(0) Headings. The headings used in this Agreement are for convenience only and are
not intended to be part of the terms and conditions of this Agreement.

(p) Israel Boycott. Per A.R.S. §35-393.01 Gilead certifies that it is not currently
engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of Israel.

Signature page follows.

1181.18 Page 8 of 12 Confidential

IN WITNESS WHEREOF, intending to be legally bound, Organization and Gilead have
executed or caused this Agreement to be executed by their duly authorized representatives as of the

Effective Date.

GILEAD SCIENCES, INC.

Kang tbh rw
By: (heg He Mer r-~

Name: Kacy Hutchison

Title: Vice President, Government Affairs

Name:_Denny Barney, Chairman /

Title: Maricopa County Board of Supervisors

Date: June 30, 2017

ATIEST: \

un ened a . , i. ,
& a7, Lhe Ur WA

Name: Fran McCarroll
OS A4i7

Title: Clerk of the Board of Supervisors

Date: JUN 08 207

1181.18

Date: JUN 0.8 2017

APPROVED AS TO FORM: )

Name:Michelle Wood

Title:_Deputy County Attorne

hb: 7 2017

Date;

Page 9 of 12 Confidential

Confidential information not subject to disclosure
under FOIA or state freedom of information and open records laws.

EXHIBIT A
Project Data

Organization will submit the following Project Data to Gilead or Gilead’s designee (which may include
ICFI, Inc.), on a quarterly basis:

Aggregate Summary Variables (where applicable to Organization’s Project
All Tests

* Clinic/Site Name

¢ Month and Year of Project Data

e Data Reporting Quarter

¢ Unique Number of Patients (clinical settings)

HIV Tests

¢ Unique Number of Clients/Patients Eligible for HIV Testing (clinical settings)

« Number of HIV Tests Performed

e HIV Test Results of Clients Tested (positive, negative, indeterminate, or no result)
e¢ Number of Clients Testing HIV Positive Linked to Care

e Number of Individuals Testing HIV Positive with Diagnosed Acute Infection (Ag/Ab +, Ab —,
HIV RNA + Test Result)

HCV Tests

¢ Unique Number of Clients/Patients Eligible for HCV Testing (clinical settings)

e¢ Number of Clients Born Between 1945-1965 (Birth Cohort) Tested for HCV Ab

¢ Number of Clients Born Outside of the Birth Cohort Tested for HCV Ab

e HCV Ab Test Results of Clients Tested (positive, negative, invalid/indeterminate/no result)

¢ Number of Clients Testing HIV Positive Linked to Care

e HCV RNA Test Results of Clients Tested (positive, negative, invalid/indeterminate/no result)
¢ Number of Individuals Testing HCV RNA Positive Linked to Care

HBsAg Tests

¢ Unique Number of Clients/Patients Eligible for HBV Testing (clinical settings)

© Number of HBsAg Tests Performed

e HBsAg Test Results of Clients Tested (positive, negative, invalid/indeterminate/no result)
¢ Number of Clients Testing HBsAg Positive Linked to Care

441200.7 Page 10 of 12

Test-level Variables for Positive Clients/Patients Only (where applicable)

All HIV, HCV Ab, or HBsAg Positive Clients

¢ Client ID (de-identified in accordance with HIPAA)
Clinic/Site Name

e Data Reporting Quarter

e Year of Birth of Positive Client/Patients

e Raceand Ethnicity of Positive Clients/Patients

¢ Gender of Positive Clients/Patients

HIV Positive Clients (tested or not tested)

e Previous HIV Test Result

e HIV Test Conducted

e HIV Test Result

e Linkage to Care: First Appointment Kept (Y/N)
« Reasons First Appointment Not Kept

¢ Possible Mode of Transmission

HCV Antibody Positive Clients (tested or not tested; where applicable)

¢ Ever Injected Drugs (only for clients not in birth cohort)
e Previous HCV Ab Test Result

e HCV Ab Test Result

¢ HCV RNA Test Conducted by Partner

e HCV RNA Test Result

e HCV RNA Positive Client/Patient Newly Identified

¢ HCV RNA Positive Clients/Patients Linked to Medical Care: First Appointment Kept (Y/N)
e Reason First Medical Appointment Not Kept

e HCV Positive (Ab or RNA)/HIV Co-Infection? (Y/N)

HBsAg Positive Clients (tested or not tested)

e Country of Origin has a HBsAg prevalence >=2%

e Ever injected drugs (only for clients not from country with HBsAg prevalence>=2%)
e HBsAg Test Result

e Linkage to Care: First Appointment Kept (Y/N)

e Reasons First Appointment Not Kept

1181.18 Page 11 of 12 ; Confidential

EXHIBIT B

Monthly Estimated Data Template

# HIV Tests Performed

# HIV Positive Individuals Identified Through Testing

# Diagnosed Acute HIV Infections

# HIV Positive Individuals (identified through testing) Attended First Appointment

# HCV Ab Tests Performed

# HCV Ab Positive Individuals Identified Through Testing

# HCV RNA Tests Performed

# HCV RNA Positive Individuals Identified Through Testing

# HCV RNA Positive Individuals (identified through testing) Attended First Appointment

Pp pos

# HBsAg Tests Performed

HBsAg Positive Individuals Identified Through Testing

HBsAg Positive Individuals (identified through testing) Attended First Appointment

1181.18 Page 12 of 12

Confidential