DATA SHARING AGREEMENT WITH ADHS.PDF

MARICOPA COUNTY
Administered by its HUMAN SERVICES DEPARTMENT

DATA SHARING AGREEMENT

Data Sharing of Blood Lead Level Data between Maricopa County administered
by its Human Services Department (MCHSD) and the Arizona Department of
Health Services Office of Environmental Health

MCHSD Agreement No.
C-22-20-018-3-00

ADHS Agreement No.
HU2052014

Maricopa County administered by its Human Services Department
DSA for Arizona Childhood Lead Poisoning Prevention Program

1. TERM OF AGREEMENT

This Agreement is open ended with no established termination date. This Agreement shall be effective
upon signature of both parties and may only be terminated in accordance with paragraph 2 of this
Agreement.

2. TERMINATION OR AMENDMENT:

Either party may terminate this Agreement upon sixty (60) calendar day's written notice to the other
party.
3. CONFIDENTIALITY:

3.1 Any information that may be exchanged through this Agreement shall not be used for purposes
other than those covered in the scope of work without prior approval of all parties to this
Agreement.

3.2 No personaily identifying information that may be exchanged through this Agreement shall be
made available for any political or commercial purpose(s).

3.3 The Maricopa County administered by its Human Services Department (MCHSD) shall provide
the names and addresses of any individuals or entities outside of the MCHSD whom receive the
data. The MCHSD shail assure ADHS that the individuals or entities outside of the MCHSD will
protect the confidentiality and security of the data. The MCHSD shall monitor the individuals or
entities outside the MCHSD regarding the confidentiality and security of the data.

4. Health Insurance Portability and Accountability Act of 1996 (HIPAA)

The MCHSD warrants that it is familiar with the requirements of HIPAA, as amended by the Health
Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and
accompanying regulations and will comply with all applicable HIPAA requirements in the course of
this Agreement. The MCHSD warrants that it will cooperate with the Arizona Department of Health
Services (ADHS) in the course of performance of the Contract so that both ADHS and the MCHSD
will be in compliance with HIPAA, including cooperation and coordination with the Arizona
Department of Administration-Arizona Strategic Enterprise Technology (ADOA-ASET) Office, the
ADOA-ASET Arizona State Chief Information Security Officer and HIPAA coordinator and other
compliance officials required by HIPAA and its regulations. The MCHSD will sign any documents that
are reasonably necessary to keep ADHS and the MCHSD in compliance with HIPAA, including, but
not limited to, business associate agreements.

If requested by the ADHS Procurement Office, Contractor agrees to sign a “Pledge to Protect
Confidential Information” and to abide by the statements addressing the creation, use and disclosure
of confidential information, including information designated as protected health information and all
other confidential or sensitive information as defined in policy. In addition, if requested, the MCHSD
agrees to attend or participate in HIPAA training offered by ADHS or to provide written verification
that the MCHSD has attended or participated in job related HIPAA training that is: (1) intended to
make the MCHSD proficient in HIPAA for purposes of performing the services required and (2)
presented by a HIPAA Privacy Officer or other person or program knowledgeable and experienced in
HIPAA and who has been approved by the ADOA-ASET Arizona State Chief Information Security
Officer and HIPAA Coordinator.

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5.

Maricopa County administered by its Human Services Department
DSA for Arizona Childhood Lead Poisoning Prevention Program

APPLICABLE LAW:

Arizona Law. Applicable law of Arizona applies to this Agreement including, where applicable, the
Uniform Commercial Code as adopted by the State of Arizona.

CONFLICT OF INTEREST:

Pursuant to A.R.S. §38-511, the State, its political subdivisions or any department or agency of either,
may, within three (3) years after its execution, cancel any Agreement, without penalty or further
obligation, made by the State, its political subdivisions, or any of the departments or of either entity if
any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement
on behalf of the State, its political subdivisions or any of the departments or agencies of either entity
is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or
agent of any other party to the Agreement in any capacity; or a consultant to any other party of the
Agreement with respect to the subject matter of the Agreement. A cancellation made pursuant to this
provision shall be effective when both parties to this Agreement receive written notice of the
cancellation unless the notice specifies a later time.

ARBITRATION:

Pursuant fo A.R.S. § 12-1518, disputes under this Agreement shall be resolved through the use of
arbitration as follows:

7.1 Cases under the Jurisdictional Limit. In all cases filed in superior court in which the court finds or
the parties agree that the amount in controversy does not exceed the jurisdictional limit(s),
arbitration shall be used, unless all parties file a written stipulation waiving the arbitration
requirement, and the court waives the arbitration requirement on a showing of good cause.

FUNDING:

This Agreement is neither an obligation of, nor a commitment of funds, nor a basis for a transfer of
funds, but rather a statement of understanding between the Parties concerning the sharing and use
of confidential information related to the purposes of this Agreement. Expenditures by each party
are subject to that party's budgetary processes and to the availability of funds and resources
pursuant to applicable laws, regulations, and policies of the respective parties.

9. INSURANCE:

10.

The Arizona Department of Health Services and the MCHSD are self-insured for liability per
A.R.S. §41-621.

NON-DISCRIMINATION:

Both parties shall comply with Executive Order 2009-09, which mandates that all persons regardless
of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to
employment opportunities, and all other applicable State and Federal employment laws, rules and
regulations, including the Americans with Disabilities Act. All parties shall take affirmative action to
ensure that applicants for employment and employees are not discriminated against due to race,
creed, color, religion, sex, national origin or disability. ‘

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Maricopa County administered by its Human Services Department
DSA for Arizona Childhood Lead Poisoning Prevention Program

11. AMENDMENTS
Any Amendments to this Agreement must be in writing and signed by both parties.
12. SCOPE OF SERVICES:

Background and Purpose

Houses and apartments built prior to the 1978 federal ban of lead-based paint have an increased risk
of containing lead. An estimated 24 million housing units in the United States are contaminated. Lead
sources may come from deteriorating paint, dust, and soil. Lead painted surfaces may not become a
hazard if they are kept in good condition. However, deteriorating paint (paint that is peeling, chipping,
chalking, cracking, or damaged), due to age or being on an impact or friction surface is highly
hazardous. Surfaces such as windows and silis, doors and door frames, stairs, railings, banisters,
and porches, have all been identified as areas where dry scraping, sanding, heating, or heavy use
can lead to deteriorating paint and lead dust.

The objective of this Agreement is to ensure housing-related lead exposures are evaluated, reduced
and/or eliminated for children identified with elevated biood lead levels residing in Maricopa County
who meet the eligibility requirernents for the MCHSD.

The MCHSD aims to prevent childhood lead poisoning by creating lead-safe housing, providing
comprehensive lead services and childhood poisoning prevention education. The MCHSD address
lead hazards in privately-owned housing constructed before 1978 when applying lead-based paint
was a common construction practice. Lead remediation services are provided through a grant from
the U.S. Department of Housing and Urban Development (HUD), Office of Healthy Homes and Lead
Hazard Control to help homeowners, landlords and tenants in targeted areas control hazards from
lead in paint, soil and dust. Services aré free; however participants and the property must meet
eligibility requirements.

The ADHS and MCHSD continue to work collaboratively to implement actions to increase blood
lead screening and testing in targeted high risk zip codes in Maricopa County, as well as evaluate
lead hazards in the home. Sharing blood lead screening and testing data between ADHS and
MCHSD will allow both entities to identify barriers to eliminate blood lead poisoning such as:

12.1 Lead-based paint hazards in the home
12.2 Lack of family blood lead knowledge

The shared vision of the MCHSD and ADHS includes:
12.3 Eliminate lead poisoning in children by 2030

12.4 \dentify the source(s) and locations of lead-based paint exposure in Maricopa
County

12.5 Eliminate the lead source(s) when possible

12.6 Identify children with elevated blood lead levels to initiate early intervention and treatment,
when needed

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Maricopa County administered by its Human Services Department
DSA for Arizona Childhood Lead Poisoning Prevention Program

13. DESCRIPTION OF SERVICES:

States are facing extraordinary reductions in budgets. Arizona and other states will be challenged for
the foreseeable future to meet goals for the health and well-being of its citizens with very limited
resources. Collaboration between the two organizations to compile current, accurate data and join in
efforts to target high risk areas and reduce and/or eliminate exposure to lead sources in Maricopa
County will enhance the goal of eliminating blood lead poisoning in Arizona’s children. Sharing data
and interventions will eliminate duplication of efforts, thereby improving cost containment.

ADHS shares data with the MCHSD to refer children identified with elevated blood lead levels
residing in targeted areas within Maricopa County that have a suspected lead-based paint source.
Targeted areas will be defined by MCHSD and shared with ADHS. If the family and property meet
eligibility requirements, the MCHSD will prioritize enrollment in the program.

The following information is shared with ADHS:

13.1 Program activities conducted by MCHSD, such as blood lead testing results, environmental
testing results, and remediation activities for cases referred by ADHS.

13.2 Lead-Safe Housing Registry for the Maricopa County.

Providing ADHS with a summary of program activities conducted by the MCHSD will ensure a child
with elevated blood lead levels receives appropriate interventions and case management.

13.3. The ADHS will:

13.3.1. Provide MCHSD with information from ADHS’ blood lead reporting system regarding
children who reside in targeted areas within Maricopa County and for whom an elevated
blood lead level of 5 g/dL or greater has been reported. The information shall include
the child’s age, address, blood lead level, test date, and parent/ guardian contact.
Targeted areas will be defined by MCHSD and shared with ADHS. Nothing is this
agreement is to be construed as an agreement by ADHS to provide financial or specific
in-kind contributions. Reports will be provided to MCHSD on a monthly basis.

13.3.2 Provide updates regarding case management activities and blood lead testing results on
mutual cases, when requested by MCHSD.

13.3.3. Provide parent/caregiver education for any child with an elevated blood lead level who
was identified by the City’s pre-remediation blood testing, when requested by MCHSD.

13.3.4 Provide environmental investigations of non-paint sources for children identified by the
City’s activities to have a severe blood lead level, when requested by the MCHSD.

13.3.5. Share data with the MCHSD, such as unusual lead sources, or areas of high lead
poisoning rates in Maricopa County.

13.3.6 Establish and maintain physical, technical, and administrative safeguards consistent with
45 C.F.R. Part 164 regarding protected health information provided to ADHS by
AGENCY.

13.4 The MCHSD will:

13.4.1. Report to ADHS, whether cases referred to the MCHSD were enrolled in the program
and the proposed plan for the referral if enrolled.

13.4.2 Report to ADHS any program activities, such as blood lead testing results, environmental
testing results, and remediation status and activities for cases referred by ADHS.

13.4.3 Share the updated Lead-Safe Housing Registry with ADHS on a quarterly or semi-
annual basis, when needed.

13.4.4 Maintain the confidentiality of all personally identifiable reports provided to MCHSD by
ADHS in accordance with State law. Store reports in a locked file after retrieving contact
information for follow-up. Unneeded reports will be shredded. Provide periodic staff
training on the appropriate management of confidential information.

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14.

15.

16.

17.

18.

Maricopa County administered by its Human Services Department
DSA for Arizona Childhood Lead Poisoning Prevention Program

PAYMENT AND AMOUNT:

There are no payments associated with this Agreement.
REPORTING REQUIREMENTS:

See Description of Services above.

RECORDS:

ADHS, pursuant to A.R.S. § 35-214, shall establish and maintain related to this Agreement, all books,
accounts, reports, files and other records relating to this Agreement for inspection and audit for
AGENCY, for a period of five (5) years after its completion. Upon request by MCHSD, a legible copy
of the original of all such records shall be produced by ADHS.

AVAILABILITY OF FUNDS:

Funds are not available for performance under this Agreement. No legal liability on the part of
MCHSD or ADHS for any payment may arise under this Agreement.

MISCELLANEOUS:
It is mutually agreed by the parties that:

18.1 In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. §
12-1518. The laws of the State of Arizona shall govern any interpretation of this Agreement and
venue shall be in Maricopa County, Arizona.

18.2 Any amendmenis to this Agreement must be in writing and signed by both parties.
18.3 All requests for additional services shall be in writing and signed by both parties.

19. CORRESPONDENCE:

19.1 All programmatic correspondence pertaining to this Agreement shall be sent to the parties
respectively as follows:

For the Arizona Department of Health Services:

ADHS/OEH

Arizona Department of Health Services
Bureau of Epidemiology and Disease Control
Office of Environmental Health

ATTN: Eric Thomas, Office Chief

Phone Number: (602) 364-3142

Fax Number: (602) 364-3146

Email: eric.thomas@azdhs.gov

150 N 18° Avenue, Ste. 140

Phoenix, Arizona 85007

For AGENCY:

Maricopa County

Human Services Department

Housing & Community Development Division
ATTN: Rachel Milne, Assistant Director
Phone Number: 602-372-1528

Email: Rachel.Milne@Maricopa.gov

234 North Central, 3" Floor

Phoenix AZ 85004

19.2 All notices pertaining to this Agreement shall be sent to the parties respectively as follows:

For the Arizona Department of Health Services:
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Maricopa County administered by its Human Services Department
DSA for Arizona Childhood Lead Poisoning Prevention Program

ADHS/OEH

Arizona Department of Health Services
Bureau of Epidemiology and Disease Control
Office of Environmental Heaith

ATTN: Eric Thomas, Office Chief

150 N 18" Avenue, Ste. 140

Phoenix, Arizona 85007

Phone Number: (602) 364-3142

Fax Number: (602) 364-3146

Email: eric. thomas@azdhs.gov

Maricopa County
Human Services Department

Housing & Community Development Division
ATTN: Rachel Milne, Assistant Director
Phone Number: 602-372-1528

Email: Rachel. Milne@Maricopa.gov

234 North Central, 3rd Floor

Phoenix AZ 85004

[Signatures on following page]

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Maricopa County administered by its Human Services Department
DSA for Arizona Childhood Lead Poisoning Prevention Program

IN WITNESS THEREOF, the parties have executed this Agreement:

For ADHS: ;
Procurement Officer Signature: Chiishre Roth?

Print Name & Title Christné Ruth Chef Procurement Officer

Date: IQA9- 14

ADHS Agreement No. Huaocs AOI

For AGENCY:
Authorized Signature:

Printed Name & Title:_Bill Gates, Chairman Board of Supervisors

Date:

AGENCY Agreement No.

ATTESTED TO:

Clerk of the Board Date

Approved as to Form:

Deputy County Attorney Date

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