MARICOPA COUNTY_PUBLIC HEALTH AUTHORITY ADDENDUM REVISED.PDF
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Page 1 of 4 ADDENDUM TO PARTICIPATION AGREEMENT PUBLIC HEALTH AUTHORITY This ADDENDUM TO PARTICIPATION AGREEMENT – PUBLIC HEALTH AUTHORITY (“Addendum”) is made part of the Participation Agreement entered into between Maricopa County (“Participant” or “Local Public Health Department (LPHD)”) and Health Current, formerly known as Health Information network of Arizona (“Health Current”), effective April 13, 2015 (“Participation Agreement”). This Addendum is effective as of the date of the last executed signature below (“Addendum Effective Date”). Participant and Health Current are each a “Party” and the “Parties” to this Addendum. RECITALS: A. LPHD is a participant in Health Current’s statewide health information exchange (HIE)—an electronic system for exchanging protected health information (PHI) among HIE participants, including but not limited to Health Care Providers and Health Plans for Permitted Uses. LPHD is designated as a hybrid entity. The Participant’s Public Health Authority (as defined by HIPAA) components participate in the HIE as a Public Health Authority (PHA). B. Health Current was formerly known as Health Information network of Arizona when it executed the Participation Agreement with Participant and, subsequent to such execution, changed its name to Health Current, but continues to operate the HIE for certain Permitted Uses, which may include accessing the HIE and/or using Data from the HIE by a PHA for certain public health activities, including without limitation public health investigations, in accordance with Applicable Law and Health Current’s Participant Policy Manual (collectively, “PHA Permitted Uses”). C. LPHD and Health Current desire to memorialize the rights and obligations LPHD has with respect to accessing the HIE and using Data from the HIE for PHA Permitted Uses in accordance with Applicable Law. ADDENDUM: 1.0 DEFINITIONS AND RELATIONSHIP TO OTHER AGREEMENTS 1.1 Definitions. For purposes of this Addendum, all capitalized terms that are not defined in this Addendum will have the same meaning as those defined in the Participation Agreement or the Health Information Exchange Participant Policy Manual, each as may be amended from time to time. 1.1.1 “Health Current Data Request Process” means the process whereby LPHD requests access to HIE Data and describes, in writing, i) the HIE Data (including specific elements) it wishes to receive, ii) the purpose for the Data request, including the Applicable Law pursuant to which LPHD is legally permitted to receive such Data, iii) the preferred data delivery method (e.g., Data Report or Portal access), iv) the requested timeframe for delivery, and v) the available funds, if necessary and available, to support such Data request. Page 2 of 4 1.2 Relationship to Other Agreements. 1.2.1 Incorporation by Reference. This Addendum is subject to the terms and conditions contained in the Participation Agreement, and any subsequent amendments, addendums or changes made thereto. Except as expressly provided for herein, all other terms and conditions of the Participation Agreement remain unchanged and in full effect. 1.2.2 Order of Precedence. In the event of any conflict or inconsistency between the terms and conditions of this Addendum and the terms and conditions of the Participation Agreement, the terms and conditions of this Addendum shall govern and prevail with respect to the subject matter of this Addendum. This Section shall control over any provision intended to resolve conflicts in any other agreement between the Parties. 2.0 HEALTH CURRENT OBLIGATIONS 2.1 Data Reports. 2.1.1 Legacy Data Reports. Health Current will continue providing LPHD with the following Data Reports in connection with PHA Permitted Uses (collectively, the “Data Reports”): Data Report Description N/A N/A 2.1.2 Requests for Changes to Data Reports or Requests for New Data Reports. In accordance with the Health Current Data Request Process, LPHD may submit a request to modify one or more Data Reports or to add a new Data Report to Health Current. Health Current will evaluate each request for Data and respond to LPHD’ request in writing within ten (10) business days. Health Current will use reasonable efforts to grant or deny LPHD’ request in writing within thirty (30) business days. 2.2 HIE Portal Access. 2.2.1 Portal Access for LPHD’ Public Health Authority Components. (a) LPHD Personnel acting pursuant to LPHD’s role as a Public Health Authority may access Data through the HIE in accordance with the Health Current Permitted Use Policy for Public Health Authorities. (b) Prior to accessing the HIE portal for a specific PHA project within a PHA Permitted Use (each a “PHA Portal Project”), LPHD will submit the PHA Portal Project request through the Health Current Data Request Process for review and approval by Health Current. The request must include LPHD’ legal authority to access the Data. To the extent permitted by Applicable Law and consistent with this Addendum, Health Current will only provide LPHD’ PHA personnel with direct access to the HIE portal Page 3 of 4 for approved PHA Portal Projects. Health Current will evaluate each PHA Portal Project request and respond to LPHD’ request in writing within ten (10) business days. Health Current will use reasonable efforts to grant or deny LPHD’ request in writing within thirty (30) business days. 3.0 DATA RECIPIENT OBLIGATIONS 3.1 LPHD Representations. Each of the following are an ongoing representation, warranty and covenant: 3.1.1 Authorized by Law; PHA Projects. LPHD represents, warrants and covenants that its access, exchange or use of Data for PHA Permitted Uses, expressly including uses related to PHA Portal Projects, is authorized by Applicable Law at all relevant times. 3.1.2 Entire Medical Record; PHA Portal Projects. LPHD represents and warrants that to perform its PHA Permitted Uses for approved PHA Portal Projects, including without limitation investigations into reportable communicable diseases, LPHD needs the ability to access an individual’s entire medical record, including without limitation all Data maintained by Health Current. LPHD represents, warrants and covenants that it will only access the minimum amount of Data necessary for the PHA Permitted Uses. LPHD will immediately notify Health Current if it discovers an Applicable Law that materially limits its legal authority to have direct access to the HIE portal for a specific PHA Portal Project within a PHA Permitted Use. LPHD will also immediately suspend its use of the HIE portal for that PHA Portal Project and may submit a request for a new Data Report to support that PHA Portal Project as set forth in Section 2.1 of this Addendum. 3.1.3 LPHD acknowledges and agrees that there may be instances in which Applicable Law— including without limitation Arizona state law that is more restrictive than HIPAA—might prohibit Health Current from supporting LPHD’ PHA personnel with direct access to the HIE portal. In such instances, Health Current will work with LPHD to provide LPHD with the Data to which it is legally permitted access in an alternative manner, such as a Data Report. Consistent with the terms and conditions of this Addendum and requirements of Applicable Law, LPHD acknowledges and agrees that Health Current, at all relevant times, is fulfilling LPHD’ request for the access, exchange or use of Data in the manner requested for the Permitted Uses applicable to LPHD. 3.2 Permitted Use Training for LPHD PHA Personnel. LPHD shall cause each Authorized User who will have direct HIE portal access for approved PHA Portal Projects to complete training regarding the PHA Permitted Uses and PHA Project Approval process prior to granting direct HIE portal access. Health Current may require such Authorized Users to complete additional training on an as needed or periodic basis. This section does not apply to Authorized Users that are personnel of LPHD HIPAA covered entity components. 3.3 Monthly Reports for Approved PHA Portal Projects. For all approved PHA Portal Projects, LPHD will provide to Health Current a monthly report that specifies the individual(s) under investigation by LPHD and the reasons for which the individual is being investigated (e.g., communicable disease investigations), in accordance with Applicable Law including A.R.S. § 36-662. This report shall be provided on a monthly basis and shall be submitted via a secure file transfer protocol (SFTP) provided by Health Current to LPHD. LPHD’s failure to Page 4 of 4 provide such monthly reports is a material breach of this Agreement. 3.4 No Research. LPHD acknowledges and agrees that LPHD must not access the HIE or use Data (including without limitation De-identified Data) for Research purposes, including without limitation a public health research project, without Health Current’s prior express, signed and written permission. 3.5 No Health Oversight. LPHD acknowledges and agrees that LPHD must not access the HIE for health oversight activities under the PHA Permitted Uses. 4.0 TERM AND TERMINATION 4.1 Term. The term of this Addendum will begin on the Addendum Effective Date and will continue until terminated pursuant to this Addendum. 4.2 Termination. This Addendum will terminate automatically upon termination of the Participation Agreement. 4.3 Changes in Applicable Law. The Parties acknowledge that there may be changes to Applicable Law that may impact the Parties, which may necessitate an amendment to this Addendum or the Participation Agreement. LPHD and Health Current agree to negotiate in good faith to amend this Addendum or the Participation Agreement to comport with changes in any such requirements that materially alter either or both Parties’ obligations under this Addendum; provided, however, that if the Parties are unable to agree to mutually acceptable amendment(s) by the compliance date of the change in Applicable Law or regulations, then either Party may terminate the Participation Agreement immediately upon written notice to the other Party. Participant and Health Current have caused their duly authorized representatives to execute this Addendum. The individuals whose signatures appear below each represent and warrant that they have full authority to execute this Addendum on behalf of their respective Party. MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH Printed Name: Signature: Title: HEALTH CURRENT Printed Name: Signature: Title: Date: Date: