MOU - HU156031 - DSA - MARICOPA COUNTY - A1.PDF
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1 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS SHARING OF PUBLIC HEALTH DATA Effective upon signature by both parties it is mutually agreed that the Memorandum of Understanding referenced in this Amendment One (1) is amended as follows: 1. Pursuant to the Uniform Terms and Conditions, Provision Eleven (11), Amendment or Modifications, the Agreement is hereby revised with the following: 1.1 Section 2.2.4., Data Transfer Methods, of this Agreement is hereby revised and replaced; 1.2 Section 20., Notices, Correspondence, and Reports, of this Agreement is hereby revised and replaced; 1.3 Exhibit A is hereby revised and replaced; 1.4 Exhibit B is hereby revised and replaced; 1.5 Exhibit C is hereby revised and replaced; 1.6 Exhibit D is hereby revised and replaced; 1.7 Exhibit E is hereby revised and replaced; 1.8 Exhibit F is hereby revised and replaced; 1.9 Exhibit G is hereby revised and replaced; 1.10 Exhibit K is hereby revised and replaced; 1.11 Exhibit L is hereby revised and replaced; 1.12 Exhibit M is hereby revised and replaced; 1.13 Exhibit N is hereby revised and replaced; 1.14 Exhibit O is added; and 1.15 Exhibit P is added. ALL CHANGES ARE REFLECTED IN RED ALL OTHER PROVISIONS SHALL REMAIN IN THEIR ENTIRETY Contractor hereby acknowledges receipt and acceptance of above amendment and that a signed copy must be filed with the Procurement Office before the effective date The above referenced Agreement Amendment is hereby executed this day of 20 at Phoenix, Arizona 2 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS (To be filled out by Procurement Office) Contractor Signature Contractor Signature Date Authorized Signatory’s Name and Title Contractor’s Name Procurement Officer Signature 3 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS MEMORANDUM OF UNDERSTANDING FOR THE SHARING OF PUBLIC HEALTH DATA BETWEEN THE ARIZONA DEPARTMENT OF HEALTH SERVICES AND MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH WHEREAS, the Arizona Department of Health Services (ADHS) is a division of the State of Arizona established to promote and protect public health and welfare through the operation of health related programs within the state. WHEREAS, the Maricopa County Department of Public Health (MCDPH) is a federally recognized Public Health Authority, pursuant to the requirements of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) (HIPAA) and applicable law, established to promote and protect the public health and welfare of residents and visitors within the jurisdictional boundary of MCDPH and patients of facilities within the jurisdictional boundary of MCDPH. WHEREAS, ADHS and MCDPH recognize the need to set forth and define the terms under which ADHS will provide data files to MCDPH containing public health records for the development of community health profiles and other general public health surveillance activities and Public Health Practice performed by MCDPH. NOW, THEREFORE, in consideration of the mutual promises and representations set forth in this Memorandum of Understanding (MOU), MCDPH and ADHS mutually agree as follows: 1. DEFINITIONS. Capitalized terms used herein shall have the meanings set forth in this Section one (1). 4 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 1.1 "Authorized Persons" means: ADHS and MCDPH employees or contractors who have a need to know or otherwise access protected information including Personally Identifying Information to enable ADHS and MCDPH to perform their missions in conformance with the requirements of state statutes, rules, and this MOU; and who are bound in writing by confidentiality obligations sufficient to protect all protected information including Personally Identifying Information in accordance with the terms and conditions of this MOU and applicable law. 1.2 “Confidential Information” means information that is protected from unauthorized disclosure based on laws, regulations, and other legal agreements. For purposes of this MOU, it includes Personally Identifying Information, Protected Health Information, and Public Health Data. 1.3 "Personally Identifying Information" means: information provided by ADHS to MCDPH, or by MCDPH to ADHS that: (i) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, financial account numbers, credit report information, biometric or health data, answers to security questions and other personal identifiers). ADHS’ business contact information is not by itself deemed to be Personal Information. 1.4 “Public Health Data” means: health information organized and maintained by ADHS or by MCDPH that is received under applicable law, including, but not limited to, patient names, mailing addresses and geocodes, dates of birth and death, gender, race, ethnicity, discharge status, disease codes, procedures performed and other information reported to ADHS or MCDPH under applicable law. The elements of data shared and specific restrictions of their use under this MOU are fully described in sub- section 2.2, (Scope) and section nineteen (19), (Data Use and Ownership). 1.5 “Public Health Practice” means interventions designed solely to enhance the well- being of the specific subject population identified in this MOU, and which have reasonable expectation of success. 5 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 1.6 “Quality Assurance (QA)” means: activities that are established for the purposes of reducing morbidity and mortality and for improving the quality of health care and/or for encouraging proper utilization of healthcare services and facilities through the review of the qualifications, professional practices, training, experience, patient care, conduct, processes, or data of licensed health care providers. 1.7 “Research” means: a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for purposes of this MOU, whether or not they are conducted or supported under a program which is considered research for other purposes. For example, some demonstration and service programs may include research activities. 1.8 "Security Breach" means: (i) any act or omission that materially compromises either the security, confidentiality or integrity of Personally Identifying Information or the physical, technical, administrative or organizational safeguards put in place by ADHS and MCDPH or any Authorized Persons that relate to the protection of the security, confidentiality or integrity of Personal Information, or (ii) receipt of a complaint in relation to the privacy practices of ADHS and MCDPH or any Authorized Persons or a breach or alleged breach of this MOU relating to such privacy practices. 1.9 “Statutory Public Health Authority - SPHA” means: an agency or authority of the United States government, a State, a territory, a political subdivision of a State or territory, or Indian tribe that is responsible for public health matters as part of its official mandate, as well as a person or entity acting under a grant of authority from, or under a contract with, a public health agency, including the employees or agents of such public health agency or its contractors or persons or entities to whom it has granted authority, that is responsibility for public health matters as part of its official mandate. For the purposes of this agreement, ‘SPHA’ refers to both ADHS and MCDPH. 2. PURPOSE AND SCOPE OF AGREEMENT 2.1. Purpose Subject to availability of data and resources, ADHS and MCDPH agree to provide one another with Public Health Data as defined in section 2.2.1 of this MOU in a mutually agreeable format. 6 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 2.2. Scope Subsection 2.1 notwithstanding, the Parties agree that ADHS and MCDPH do not require, and shall not provide (except upon specific request) data files containing any of the following information related to any individual county resident: (i) signatures, telephone numbers, e-mail addresses; (ii) employee identification numbers, passwords or PINs, credit report information, answers to security questions and other similar personal identifiers; (iii) individual's government-issued identification number (including driver's license number or state-issued identified number); and (iv) financial account number, credit card number, debit card number, credit report information, with or without any required security code, access code, personal identification number or password, that would permit access to an individual’s financial account or accounts. 2.2.1. Selection Criteria ADHS will select records for inclusion and release to MCDPH if the record meets any of these criterion: for residents within the jurisdictional boundary of MCDPH, or which has been submitted by a facility within the jurisdictional boundary of MCDPH, or human remains transported within the jurisdictional boundary of MCDPH. Data elements that ADHS will provide in the data sets may include any data element permitted by this MOU and that is specifically requested by MCDPH for inclusion. 2.2.2. Data Requests To request data the requesting Agency shall submit a list of the Authorized Persons who shall receive or have access to data shared under this MOU to the Agency holding the data, along with specific data elements requested to be provided. Under this MOU both ADHS and MCDPH may request updated data as needed. For data to be shared, both agencies must agree to the sharing of data requested. Following initial release of data under this MOU, ADHS or MCDPH may request updated data as needed. 7 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 2.2.3 Data Elements The data that will be provided by ADHS to MCDPH or by MCDPH to ADHS under this MOU include all those listed in the Table in Exhibit A, and as further defined and limited within any other exhibit attached to this MOU. 2.2.4 Data Transfer Methods The method of data sharing will be in a manner agreeable to ADHS and MCDPH, and which meets the requirements of ADHS to assure the security of the data. The following are the methods of transfer allowed: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure Application Programming Interface (API) ● Secure direct data access from ADHS Snowflake data lakehouse ● Secure direct access to system/application of record 2.2.4.1 ADHS and MCDPH will use Encrypted file transfer using Secure File Transfer Protocol (SFTP). The data file will be posted to a web accessible ADHS server by ADHS or to a server owned by MCDPH, where it can be accessed only by MCDPH. If posted to an ADHS server, the MCDPH staff designated to access the SFTP file transfer site must be Authorized Persons for the data element(s) they receive, and must use an ADHS issued user id and secure password to access the SFTP site. 2.2.4.2 ADHS and MCDPH will use a secure Application Programming Interface as a request and response method for data sharing. The data file will be accessible through the API from a call within the application of the MCDPH or as a service, where it can be accessed only by MCDPH. The MCDPH staff designated to access the data must be Authorized Persons for the data element(s) they receive, and must use an ADHS issued user id and secure password to access the API. 8 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 2.2.4.3 ADHS and MCDPH will use a secure direct connection to the ADHS Data Lakehouse to access the data elements in scope of the agreement. The data will be accessible either as an extracted dataset for download or views built based on the scope of data accessible, where it can be accessed only by MCDPH. The MCDPH staff designated to access the data must be Authorized Persons for the data element(s) they can access, and must use a secure user ID and secure password to access the data. 2.2.4.4 ADHS and MCDPH will use a secure direct web accessible connection to the ADHS System/Application of record to access the data elements in scope of the agreement. The data will be accessible through the system/application based on the scope of data accessible, where it can be accessed only by MCDPH. The MCDPH staff designated to access the data must be Authorized Persons for the data element(s) they can access, and must use an ADHS issued user ID and secure password to access the System/Application. 2.3. Inadvertent Disclosure In the event that ADHS or MCDPH is inadvertently provided with data files containing any of the information listed in subsection 2.2, they will notify the agency sending the data of the disclosure and delete or destroy such data files upon request. 3. SUPERSESSION OF PAST AGREEMENTS This MOU is intended to and shall supersede or replace any currently valid MOU in place between ADHS and MCDPH regarding the sharing of Public Health Data identified under Exhibit A of this MOU. 4. TERM OF THE AGREEMENT The Term of this MOU shall commence upon signature of both parties and shall continue for a period of five (5) years thereafter, unless terminated, or canceled as otherwise provided herein. 9 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 5. CONTRACT EXTENSION This MOU shall not exceed a total of five (5) years from the effective date of the MOU. 6. TERMINATION 6.1. This MOU remains in effect as provided in Sections four (4) and five (5) or until the MOU is otherwise terminated under the following terms and conditions: 6.1.1. Termination without Cause Both ADHS and MCDPH may terminate this MOU at any time with thirty (30) calendar days’ notice, in writing, specifying the termination date. Such notices shall be given by personal delivery or by certified mail, return receipt requested. 6.1.2. Termination for Default The ADHS and MCDPH reserve the right to terminate the MOU in whole or in part due to the failure of the other Agency to comply with any material obligation, term or condition of this MOU. Both Agencies agree to provide written notice detailing the area of alleged lack of compliance or non- performance and to provide thirty (30) days to correct the alleged lack of compliance or non-performance prior to termination for default. 6.1.3. Cancellation for Conflict of Interest Pursuant to A.R.S. § 38-511, ADHS and MCDPH may cancel this MOU within three (3) years after MOU execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating this MOU becomes at any time while the MOU or an extension of the MOU are in effect, an employee of or a consultant to the other party to this MOU with respect to the subject matter of the MOU. The cancellation shall be effective upon receipt of the written notice of cancellation, unless the notice specifies a later time. 10 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 7. SECURITY OF CONFIDENTIAL INFORMATION 7.1. ADHS and MCDPH shall monitor the use of all Public Health Data disclosed under this MOU, including but not limited to Personal Identifying Information, and to carefully restrict the use and disclosure of such information as provided for herein. 7.2. Survival of Duty to Protect Confidential Information It is understood and agreed by the Parties that the obligations set forth in this Section seven (7), shall survive the expiration or termination of this MOU, except as expressly provided for herein. 7.3. Minimum Safeguards for PHI ADHS and MCDPH shall carefully restrict use and access to Personally Identifying Information shared under this MOU solely to Authorized Persons and shall ensure that the following minimum safeguards to prevent a Security Breach in a manner consistent with the requirements of this MOU or applicable law. These safeguards shall, at the minimum, require that ADHS and MCDPH and their Authorized Persons: 7.3.1. Prohibit Personally Identifying Information supplied under the terms of this MOU from being released or disclosed to anyone not working at ADHS or MCDPH as an Authorized Person. 7.3.2. Ensure that any Authorized Persons, including any agent, or subcontractor to ADHS or MCDPH, to whom ADHS or MCDPH provides confidential information, or Personally Identifying Information under this MOU, agrees to the same restrictions and conditions that apply through this MOU to ADHS and MCDPH with respect to such information. 7.3.3. Secure all printouts containing individual identifiers or confidential data in a locked vault, file cabinet or other method reasonably necessary to protect the confidential information. 11 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 7.3.4. Store all data shared under this MOU only on secured servers or encrypted devices within ADHS or MCDPH. At the termination of this MOU, all data shared under this MOU shall be securely deleted consistent with the requirements of this MOU and applicable law. 7.3.5. Provide one another with a description of the security measures that are in place to maintain the confidentiality of the data being received under this MOU. ADHS and MCDPH will consider the items described in the document titled "Security Considerations for Applicants" prepared by the ADHS HSRB (https://www.azdhs.gov/documents/director/administrative-counsel- rules/HSRB_SecurityChecklist.pdf). 7.3.6. ADHS and MCDPH will provide to one another upon request, a current list of Authorized Persons, and evidence that all Authorized Persons who have access to the Public Health Data shared under this MOU have participated in any required training and signed any documents that are necessary to keep both ADHS and MCDPH in compliance with HIPAA, including but not limited to, Business Associate Agreement, user confidentiality affirmation statement, HIPAA training certification or other HIPAA related compliance documents, if applicable. 7.3.7. Provide or continue to provide one another with a copy of procedures for notification of any Security Breach, which shall include a requirement that any user of the Public Health Data shared under this MOU shall immediately notify a designated individual at the agency which owns the data of any known or reasonably suspected Security Breach. 7.3.8. Maintain a log of all encrypted devices and identification numbers of those devices that are authorized to transmit, receive or store the Public Health Data shared under this MOU, until the data are destroyed. ADHS and MCDPH may request a copy of the log at any time during the term of the MOU or until the data is destroyed. 7.3.9. Make clear to all Authorized Persons and other ADHS and MCDPH employees with a need to know that they are prohibited from storing Public Health Data on non- encrypted flash drives, CDs, external drives, smart phones or other non- networked hard drives. 12 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 7.3.10. Provide to the Agency that owns the data prompt proof of the complete destruction of the original data and any copies or subsidiary data sets containing Personally Identifying Information that are developed from the original data upon the conclusion of this MOU or at such time that such destruction is required by applicable law and in accordance with the agreed retention schedule in the Exhibit A table of this MOU. 7.3.11. Take all reasonable steps to ensure that Authorized Persons who have access to the Public Health Data shared under this MOU shall maintain the same in strict confidence after the termination of this MOU; provided that ADHS and MCDPH’s obligations hereunder shall not apply to information that: 7.3.11.1.1. Was already known to the receiving party prior to the time of first disclosure, as demonstrated by contemporaneous, written documentation; or 7.3.11.1.2. Is received without any obligation of confidentiality from a third party having a legal right to disclose the same; or 7.3.11.1.3. Is independently developed by the receiving party by individuals without access to such information, as demonstrated by contemporaneous, written documentation. 7.3.12. As mandated under ARS 36-302(B)3, which prohibits the organization, operation, or maintenance of any alternative system of vital records, data shared under this agreement shall not be retained longer than the term specified under the Exhibit A table for that item, and the custodial agency holding the data agrees to provide a Certificate of Destruction to the data owner Agency upon destruction of shared data. 13 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 7.3.13. ADHS and MCDPH shall not release data shared under this agreement, or disclose information contained in data records shared under this agreement, in response to any legally enforceable order, subpoena, or other regulation (ORDER), without giving the other Agency notice and an opportunity to discuss and or object to the production. All legally enforceable orders, subpoenas, or other regulations (ORDERS) received by the custodian of data shared under this agreement will be referred immediately its legal counsel and the legal counsel of the data owner agency for consideration. It is the intent of this provision that the two Agencies will cooperate and discuss the merits of producing and/or objecting to the release of any data covered by this agreement before any data is released by either Agency. 7.4. Security Breach In the event of a Security Breach, pursuant to A.R.S. § 44-7601, A.R.S § 18-545 and any other applicable law, ADHS and MCDPH agree to collaborate with each other on the investigation, mitigation, remediation and, if necessary, breach notification of citizens. Pursuant to A.R.S. § 41-3507, ADHS and MCDPH shall notify the Arizona Strategic Enterprise Technology (ASET) Statewide Information Security and Privacy Office (SISPO) immediately upon becoming aware or receiving notice of a Security Breach. 8. NON-DISCRIMINATION The Parties shall comply with Executive Order 75-5 as modified by 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. The 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. 14 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 9. RECORDS AND RIGHT OF INSPECTION Under A.R.S. § 35-214 and § 35-215, ADHS and MCDPH shall retain all data and other records (“records”) relating to the MOU for no longer than the specified data destruction schedule for each item specified in the Exhibit A table after the completion of the MOU, and shall provide a certificate of destruction to the data owner when the data are destroyed. All records held by ADHS or MCDPH that were received under this MOU shall be subject to inspection and audit by the agency that shared them at reasonable times. ADHS and MCDPH agree to mutually provide the right of access to those servers or drives used for the storage of Personally Identifying Information, at reasonable times, in order to monitor and evaluate performance, compliance, and/or Quality Assurance under this MOU. 10. ARBITRATION The parties to this MOU agree to resolve all disputes arising out of or relating to this MOU, after exhausting applicable administrative review, through arbitration to the extent required by A.R.S. §12-1518. 11. AMENDMENT OR MODIFICATIONS No amendment or modifications to this MOU, including any amendment or modification of this Section, shall be effective unless the same is in writing signed by the Parties. 12. ARIZONA LAW The law of Arizona applies to this MOU. 13. RELATIONSHIP OF PARTIES ADHS and MCDPH warrant that they are acting as independent Agencies under this MOU. Neither party to this MOU shall be deemed to be the employee or agent of the other party to the MOU. 14. SEVERABILITY The Provisions of this MOU are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the MOU. 15 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 15. NO PAROL EVIDENCE This MOU is intended by the parties to be a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document. 16. NO WAIVER Either Party’s failure to insist on strict performance of any term or condition of the MOU shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 17. HEADINGS Headings are for organizational purposes only and shall not be interpreted as having legal significance or meaning. 18. ADVERTISING AND PROMOTION OF CONTRACT ADHS and MCDPH shall not advertise, publish, or re-release any information for commercial benefit concerning this MOU without the prior written approval of the Procurement Officer of the sharing Agency, and the ADHS Human Subject Review Board (HSRB). 19. DATA USE AND OWNERSHIP 19.1 Each agency will use data shared under this MOU exclusively for approved activities mutually agreed by the parties to this MOU. 19.2 Proposed use of data shared under this MOU for Research shall first be reviewed and approved by a mutually agreed designated institutional review body (IRB or HSRB). If it is unclear to either party to this MOU whether the data use is Research or public health practice or both, then a clarification shall be requested from the designated institutional review body (IRB or HSRB). 16 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 19.3 ADHS or MCDPH activities using the data shared under this MOU that generate external papers, or publications for dissemination outside of the custodial agency must have specific written review and clearance from the data owner before release. Requests for review and clearance shall align with the process agreed to between the ADHS Chief of Strategy and Innovation and the MCDPH Administrator for the Division of Epidemiology and Informatics. 19.4 The agency that owns the data as shown in the Exhibit A table under this MOU shall be cited as the source of the data in tables, reports, presentations, and scientific papers, and the publishing agency or its corresponding authors shall be cited as the source of interpretations, calculations, or manipulations of data. 19.5 The agency that owns the data as shown in the Exhibit A table under this MOU retains exclusive ownership of the data shared with the receiving agency except as described under subsection 19.7 of this MOU. Any release, or modified re-release of data shared under this MOU that is not specifically allowed under section 7.3.11 of this MOU requires prior approval by the agency that owns the data. 19.6 Any legal order or subpoena received by an agency in custody of data owned by the other agency, and regarding data owned by the other agency, shall immediately refer the orders or subpoenas to the legal counsel of the agency that owns the data, and shall take no actions, and make no decisions regarding the order or subpoena except as first directed by legal counsel of the data owner. The agency in custody may object to producing the data required under the legal order or subpoena. 19.7 In the case that data ownership in section 2.2.3 of this MOU is designated to MCDPH in the Exhibit A Table, but the data are held in an ADHS system (such as MEDSIS), then the data become the exclusive ownership of MCDPH when downloaded or extracted from the ADHS system in which the data are held. 20. NOTICES, CORRESPONDENCE AND REPORTS 20.1. Notices, correspondence and reports from MCDPH to ADHS shall be sent to: 17 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Arizona Department of Health Services Attn. Enterprise Data Management Office 150 N. 18th Avenue, Suite 510 Phoenix, AZ 85007 Phone: (602) 364-1510 20.2. Notices, correspondence, and reports from ADHS to MCDPH shall be sent to: Maricopa County Department of Public Health Attn: Division Administrator Division of Epidemiology and Informatics 4041 North Central, Suite 600 Phoenix, Arizona 85012 Email: Jessica.White@maricopa.gov Phone: (602) 329-0254 18 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT A – TABLE 1 – PUBLIC HEALTH DATA SHARED UNDER THE MOU DATA SET PII PHI Principal Custodial Program Data Owner Allowed Purpose HSRB Attachments Retention Arizona Vital Records Birth Data Y Y Jackie Ward, Community Data & Health Equity MCDPH ADHS Public Health Use ADHS Exhibit B* 5 year limit from date of receipt Arizona Vital Records Death Data Y Y Jackie Ward, Community Data & Health Equity MCDPH ADHS Public Health Use ADHS Exhibit C* 5 year limit from date of receipt Vital Records Fetal Death Data Set Y Y Jackie Ward, Community Data & Health Equity MCDPH ADHS Public Health Use ADHS Exhibit D* 5 year limit from date of receipt Arizona Hospital Discharge Data Y Y Jackie Ward, Community Data & Health Equity MCDPH ADHS Public Health Use ADHS Exhibit E* 5 year limit from date of receipt BRFSS Limited Data Set Y Y Jackie Ward, Community Data & Health Equity MCDPH ADHS Public Health Qualifying Activity ADHS Exhibit F* 5 year limit from date of receipt MEDSIS Communicable Disease Data Y Y Jenn Collins / Office of Communicable Disease Data, Surveillance, and Outbreak Response (OCDDSOR) MCDPH MCDPH Public Health Qualifying Activity MCDPH Exhibit G* None 19 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Sexually Transmitted Diseases Data (PRISM) Y Y Jonathan Bell / Clinical Services, Community Health & Records Services (CHRS) MCDPH MCDPH Public Health Qualifying Activity MCDPH Exhibit H* None 20 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS DATA SET PII PHI Principal Custodial Program Data Owner Allowed Purpose HSRB Attachments Retention Immunization Data Y Y Jenn Collins / Office of Communicable Disease Data, Surveillance, and Outbreak Response (OCDDSOR) or CHN MCDPH ADHS Public Health Qualifying Activity ADHS Exhibit I* 5 year limit from date of receipt HIV/AIDS Surveillance Data (EHARS) Y Y MCDPH ADHS Public Health Qualifying Activity ADHS Exhibit J* 5 year limit from date of receipt Arizona State Trauma Registry Data Y Y Jackie Ward, Community Data & Health Equity MCDPH ADHS Public Health Qualifying Activity ADHS Exhibit K* 5 year limit from date of receipt Tuberculosis Surveillance Case Data Y Y Jonathan Bell / Clinical Services, Community Health & Records Services (CHRS) MCDPH MCDPH Public Health Qualifying Activity including case intervention MCDPH Exhibit L* None MEDSIS Non- Communicable Disease Data Y Y Christina Mrukowicz, Substance Use and Mental Health Branch MCDPH MCDPH Public Health Qualifying Activity MCDPH Exhibit M* None 21 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS MEDSIS Environmental Exposure Data Y Y MCDPH MCDPH Public Health Qualifying Activity MCDPH Exhibit N* None Prehospital Information and EMS Registry System (AZPIERS) Y Y Jenn Collins / Office of Communicable Disease Data, Surveillance, and Outbreak Response (OCDDSOR) MCPDH ADHS Public Health Qualifying Activity ADHS Exhibit O* 5 year limit from date of receipt Pregnancy Risk Assessment Monitoring System (PRAMS) Y Y Jackie Ward, Community Data & Health Equity MCDPH ADHS Public Health Qualifying Activity ADHS Exhibit P* None *attachments specify details about the data to be shared, allowable purposes and uses, and may be revised from time to time through amendment of this MOU 22 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT B - ARIZONA VITAL RECORDS BIRTH DATA Allowable Purpose: Data are allowed to be exchanged by ADHS and MCDPH for conducting Public Health practice, Public Health Surveillance, Quality Assurance, and approved research activity. Specific research projects must be approved as described in this MOU. Limitations on Data Use: Data may only be used as described above, no identifiable information may be published, no contact may be attempted with agencies or individuals contained in the data unless approved as described above. Principal Contacts: Arizona Department of Health Services Bureau of Vital Records 150 N 18th Avenue, Suite 120 Phoenix, AZ, 85007 Phone: (602) 364-3048 Maricopa County Department of Public Health Office of Health Equity and Community Data 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jackie.Ward@maricopa.gov Frequency of Data Sharing: Data will be shared/updated once daily. Any manual staff activity needed for maintaining or changing data shared via the methods of data transfer below will be performed only on business days. Method of Data Transfer: Data may be transferred from ADHS to MCDPH by either of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure direct data access from ADHS Snowflake data lakehouse 23 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Selection Criteria: As agreed by ADHS and MCDPH that data shared will be limited to records that match the selection criteria described in section 2.2.1 of this MOU. 24 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT C - ARIZONA VITAL RECORDS DEATH DATA Allowable Purpose: Data are allowed to be exchanged by ADHS and MCDPH for conducting Public Health practice, Public Health Surveillance, Quality Assurance, and approved research activity. Specific research projects must be approved as described in this MOU. Limitations on Data Use: Data may only be used as described above, no identifiable information may be published, no contact may be attempted with agencies or individuals contained in the data unless approved as described above. Principal Contacts: Arizona Department of Health Services Bureau of Vital Records 150 N 18th Avenue, Suite 120 Phoenix, AZ, 85007 Phone: (602) 364-3048 Maricopa County Department of Public Health Office of Health Equity and Community Data 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jackie.Ward@maricopa.gov Frequency of Data Sharing: Data will be shared/updated once daily. Any manual staff activity needed for maintaining or changing data shared via the methods of data transfer below will be performed only on business days. Method of Data Transfer: Data may be transferred from ADHS to MCDPH by either of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure direct data access from ADHS Snowflake data lakehouse 25 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Selection Criteria: As agreed by ADHS and MCDPH that data shared will be limited to records that match the selection criteria described in section 2.2.1 of this MOU. 26 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT D - VITAL RECORDS FETAL DEATH DATA SET Allowable Purpose: Data are allowed to be exchanged by ADHS and MCDPH for conducting Public Health practice, Public Health Surveillance, Quality Assurance, and approved research activity. Specific research projects must be approved as described in this MOU. Limitations on Data Use: Data may only be used as described above, no identifiable information may be published, no contact may be attempted with agencies or individuals contained in the data unless approved as described above. Frequency of Data Sharing: Data will be shared/updated once daily. Any manual staff activity needed for maintaining or changing data shared via the methods of data transfer below will be performed only on business days. Method of Data Transfer: Data may be transferred from ADHS to MCDPH by either of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure direct data access from ADHS Snowflake data lakehouse Principal Contacts: Arizona Department of Health Services Bureau of Vital Records 150 North 18th Avenue, Suite 120 Phoenix, AZ 85007 Phone: (602) 364-3048 Maricopa County Department of Public Health Office of Health Equity and Community Data 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jackie.Ward@maricopa.gov 27 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Selection Criteria: As agreed by ADHS and MCDPH that data shared will be limited to records that match the selection criteria described in section 2.2.1 of this MOU. 28 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT E - ARIZONA HOSPITAL DISCHARGE DATA Allowable Purpose: Data are allowed to be exchanged by ADHS and MCDPH for conducting Public Health practice, Public Health Surveillance, Quality Assurance, and approved research activity. Specific research projects must be approved as described in this MOU. Limitations on Data Use: Data may only be used as described above, no identifiable information may be published, no contact may be attempted with agencies or individuals contained in the data unless approved as described above. Principal Contacts: Arizona Department of Health Services Hospital Data & Systems, Business Intelligence Office 150 N 18th Avenue, Suite 550 Phoenix, AZ, 85007 Phone: (602) 215-6092 Maricopa County Department of Public Health Office of Health Equity and Community Data 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jackie.Ward@maricopa.gov Fields Shared: All fields to be shared. Frequency of Data Release: Semi-annually, after the final HDD data file has been finalized, typically by mid-April, and mid-October each year. Method of Data Transfer: Data may be transferred from ADHS to MCDPH by either of the following methods listed in section 2.2.4 of this MOU: 29 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure direct data access from ADHS Snowflake data lakehouse Selection Criteria: As agreed by ADHS and MCDPH, HDD data shared under this MOU will not be limited as prescribed in section 2.2.1, but will include all records in the standard HDD data set, and will require compliance with the standard data release agreement terms and conditions. 30 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT F - BRFSS LIMITED DATA SET Allowable Data Uses: Public Health uses include surveillance, assessments, quality controls, interventions, and other public health related activity. Principal Contacts: 1. AZ BRFSS Principal Investigator: 480-273-3974 2. AZ BRFSS Manager: 602-542-1125 3. Population Survey Epidemiologist: 480-341-1201 Bureau of Assessment and Evaluation Division of Public Health- Prevention Services Arizona Department of Health Services 150 N. 18th Avenue, Suite 310 Phoenix, Arizona 85007 Maricopa County Department of Public Health Office of Health Equity and Community Data 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jackie.Ward@maricopa.gov Fields Shared and Frequency of Data Sharing: As agreed by ADHS and MCDPH that data shared will be limited to records that match the selection criteria described in section 2.2.1 of this MOU. Protocol for Data Breaches: The CDC requires immediate reporting of any security breach of BRFSS data. In the event of a breach, MCDPH shall notify the BRFSS program immediately via email upon the discovery of a data breach. Method of Data Transfer: Data may be transferred from ADHS to MCDPH by the following method listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) 31 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT G - MEDSIS Communicable Disease Data Allowable Data Uses: All uses allowable under applicable law as determined by MCDPH. For Research uses, MCDPH may use an Institutional Review Board of choice to oversee the protection of human ethics/privacy rights in data use. Time Frame and Scope of Data Shared: All data in MEDSIS general communicable disease and hepatitis C modules for residents within the jurisdiction of MCDPH, and events reported into those MEDSIS modules by medical providers located within the jurisdiction of MCDPH. Data Fields Shared: All fields shared. Frequency of Data Sharing: Real-time continuous access to the MEDSIS production data. Sharing of reportable health event (MEDSIS) data is facilitated by granting access to MEDSIS to authorized persons designated by MCDPH to have such access. Data files will be shared/updated daily. Method of Data Transfer: Data are maintained and protected by ADHS while it is resident on the ADHS MEDSIS server. MCDPH becomes the owner of all data downloaded by or transferred to MCDPH and becomes responsible to maintain and protect the downloaded or transferred data. Data may be transferred from ADHS to MCDPH by any of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure Application Programming Interface (API) ● Secure direct data access from ADHS Snowflake data lakehouse ● Secure direct access to system/application of record 32 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT H - SEXUALLY TRANSMITTED DISEASE DATA (PRISM) Time Frame and Scope of Data Shared: All data in PRISM for residents within the jurisdiction of MCDPH, and events reported into PRISM by medical providers located within the jurisdiction of MCDPH. Exception: cases or their contacts from other jurisdictions may be viewed by MCDPH only during relevant case investigations. Data Fields Shared: All fields shared, dependent upon user permission level. Frequency of Data Sharing: Real-time continuous access to the PRISM production data. Sharing of reportable health event (PRISM) data is facilitated by granting access to PRISM to authorized persons designated by MCDPH to have such access. Method of Data Transfer: Data is maintained and protected by ADHS while it is resident on the ADHS PRISM server. MCDPH becomes the owner of all data downloaded from the ADHS PRISM server by MCDPH and becomes responsible to maintain and protect the downloaded data. Allowable Data Uses: Public Health uses including surveillance, assessments, quality controls, interventions, and other public health related activity. All uses must abide by terms defined under Section 19 Data Use and Ownership and all data security and confidentiality requirements mentioned therein. For research uses, MCDPH may use an institutional review board of choice to oversee the protection of human ethics/privacy rights in data use. Data Requests: Prism reporting functions are limited. MCDPH may request data using the STD Data Request Protocol and applications shown below: STD Data Request Protocol Purpose The Purpose of this protocol is to outline procedures around the receipt of data requests from internal and external partners while upholding best practices for data security and confidentiality. 33 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Resources ● Data Request Form: This form can be used by internal and external partners for a one-time data request. If the requestor is asking for data outside of their jurisdiction, then the form will also need to be signed by the appropriate representative (e.g. county or tribal level data). ● Data Sharing Request: This form is to be used for any transmission of data that will be repeated (i.e. weekly line lists, annual counts for a defined population, etc.). This must be signed by the organization and by the STD Control Program Manager. If the requestor is asking for data outside of their jurisdiction, then the form will also need to be signed by the appropriate representative (e.g. county or tribal level data). ● Data Request Log: This log is for tracking one-time data requests ● Summary of STD MOUs and DSAs: This log is for tracking current and former Data Sharing Requests and MOUs. Protocol 1. A data request can be received by phone, email, etc. When one is received, first verify who is requesting the data; a. If contacted by the media, please redirect the requestor to the Public Information Office b. If contacted by the general public, please redirect them to the data available on our website (azdhs.gov/std, STD Data Tab) c. For all other partners, proceed to step 2. 2. Determine the scope of the request. If this is a one-time request, please refer to the Data Request Form. If this is an ongoing request, please use the Data Sharing Request form. a. If the requestor is asking for data outside of their jurisdiction, then the form will also need to be signed by the appropriate representative. Examples: i. A non-county health department is requesting county level data that is not publically available: The county area manager will need to sign the data request and be involved in discussions around how the data can and cannot be used. ii. A tribe is requesting county level data that is not publically available: The county area manager(s) will need to sign off on the data request and be involved in discussions around how the data can and cannot be used. 3. Once the appropriate form has been completed, please send to the STD Control Program Manager for approval. 4. Once approved, the STD Control Program Manager will save the request here and update the appropriate log. a. The Data Request Log is used for one time requests and the Summary of STD MOUs and DSAs is used for data sharing agreements and MOUs. b. One time requests are stored in a folder named by the year in which the data was requested c. Ongoing requests are grouped by the requestor (i.e. County, Tribe, nature of request) etc. 34 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS 5. Maintain copies of all coding and the end product used to complete request and store them in the appropriate subfolder here. 6. Be sure to notify the STD Control Program Manager when the request has been completed. 35 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Data Request Form Instructions: This form is designed for persons requesting Arizona STD Surveillance Data from the ADHS STD Control Program. Please fill out all components of this form to the best of your ability. Depending on the complexity of the request, it can take a minimum of two weeks to process requests. If your organization does not have a Data Sharing Agreement with ADHS, please submit this form with your company letterhead. Requestor Information: Name Title Company/Organization Email Phone Number Data Request: What is the purpose for requesting this data? Please describe what data is needed: What disease(s)(if syphilis, indicate stages) What timeframe (past decade/year/month) What population (state/county/age/gender/etc.) In what format would like you the data to be prepared? (i.e. graph, line list, table, etc.) What steps will be taken to ensure data security and confidentiality? 36 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS How will the data be delivered? (i.e. secure email, uploaded to the Health Services Portal, etc.) How will the data be used, analyzed, published, and/or distributed? When is the data needed? Please allow a minimum of 2 weeks to process your data requests. Once finished, please email this form to std@adhs.gov Please note that all media request should be submitted directly to the ADHS Public Information Office (http://azdhs.gov/director/public-information-office/index.php#contact-us). 37 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS ADHS STD Control Program Description of Data Sharing Plan Instructions: This form is designed for persons requesting potentially identifiable data from the ADHS STD Control Program on a regular basis. Please fill out all components of this form to the best of your ability. Depending on the complexity of the request, it can take a minimum of two weeks to process requests. ADHS reserves the right to deny any request that could jeopardize data security and/or confidentiality. Requestor Information: Name Title Company/ Organization Email Phone Number Data Request: What is the purpose for requesting this data? Please describe what data is needed: 1. What disease(s) (if syphilis, indicate stages) 2. What timeframe (past decade/year/month) 3. What population (state/county/age/gender/etc.) 38 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS In what format would like you the data to be prepared? (i.e., graph, line-list, table, etc.) Is the proposed activity determined to be consistent with all laws and regulations? What steps will be taken to ensure data security and confidentiality? How will the data be delivered? (Secure email or upload to the Health Services Portal are recommended for potentially identifiable data) How will the data be used, analyzed, published, and/or distributed? What physical and electronic security measures are in place for transferring and storing the data? What are the potential risks and benefits of data sharing? When is the data needed? Please allow a minimum of 2 weeks to process data requests. Please email completed form to std@adhs.gov Requestor STD Control Program Manager 39 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT I - IMMUNIZATION DATA (ASIIS) Time Frame and Scope of Data Shared: All data in ASIIS for residents within the jurisdiction of MCDPH, and events reported into ASIIS by medical providers located within the jurisdiction of MCDPH. Data Fields Shared: All fields shared. Frequency of Data Sharing: Real-time continuous access to the ASIIS production data. Sharing of immunization events (ASIIS) data is facilitated by granting access to ASIIS to authorized persons designated by MCDPH to have such access. Method of Data Transfer: In addition to ASIIS access, MCDPH may request HEDIS reports for specific entities by submitting required information to the ADHS ASIIS Program Manager, and summary information will be produced and released by secure transfer method agreed by ADHS and MCDPH. Allowable Data Uses: Public Health allowable activity as defined by HIPAA. Any research use must first be reviewed and approved by the ADHS HSRB. 40 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT J - HIV/AIDS SURVEILLANCE DATA (EHARS) Time Frame and Scope of Data Shared: All data in EHARS for residents within the jurisdiction of MCDPH, and events reported into ASIIS by medical providers located within the jurisdiction of MCDPH. The HIV/AIDS data are of an exceptionally sensitive and private nature, and for this reason close collaboration in sharing, using, and protecting these data are appropriate as a condition of this sharing. Data access will be provided on a read-only basis, and MCDPH will coordinate closely with ADHS HIV/AIDS Surveillance to assure data quality is maintained, and that data are used in a manner that complies with all special CDC HIV/AIDS Surveillance requirements and regulations. Otherwise federal HIV/AIDS surveillance funding to Arizona might be jeopardized. Data Fields Shared: All fields shared. Frequency of Data Sharing: Real-time continuous access to the E-HARS production data on a read-only basis. Sharing of HIV/AIDS surveillance (E-HARS) data is facilitated by granting limited access to E-HARS to authorized persons designated by MCDPH to have such access. Method of Data Transfer: MCDPH and ADHS HIV/AIDS Surveillance will collaborate, and closely coordinate the exchange of HIV/AIDS Surveillance data due to the extremely sensitive nature of the information it contains. ADHS and MCDPH will use HIV/AIDS data shared under this agreement in a manner that fully complies with usage and privacy restrictions defined by the HIV/AIDS branch of the CDC and required as a condition of HIV/AIDS Surveillance grant funding to ADHS for the collection of these data. There will be no unauthorized uses of HIV/AIDS data shared with MCDPH which have not been agreed to by both MCDPH and ADHS. Allowable Data Uses: Public Health allowable activity as defined by HIPAA and conforming to the CDC Security and Confidentiality Guidance and the responding ADHS Security & Confidentiality document. Any research use must first be reviewed and approved by the ADHS HSRB. 41 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT K - ARIZONA STATE TRAUMA REGISTRY (ASTR) Time Frame and Scope of Data Shared: Annual data files are shared once produced by ADHS. Typically the data annual data file has been closed, cleaned, and finalized by the first day of August. Data Fields Shared: All data elements found in the ASTR FULL data set. Limitations on Data Use: Data may only be used for public health activity. No identifiable information may be published. No contact may be attempted with agencies or individuals contained within the shared ASTR data unless approved by ADHS. Principal Contacts: Arizona Department of Health Services Bureau Chief, Bureau of EMS and Trauma System 150 N 18th Avenue, Suite 540 Phoenix, AZ, 85007 Phone: (602) 364-3149 Maricopa County Department of Public Health Office of Health Equity and Community Data 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jackie.Ward@maricopa.gov Frequency of Data Sharing: Data can be shared annually, as MCDPH requests it. Method of Data Transfer: Data may be transferred from ADHS to MCDPH by the following method listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) 42 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Selection Criteria: All events in the FULL Data Set which occurred within the jurisdiction of MCDPH, or which were reported by a provider located within the jurisdiction of MCDPH. Additional Information: MCDPH will need to share any report/publication produced using the provided data, on an ongoing basis. 43 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT L- TUBERCULOSIS SURVEILLANCE CASE DATA Allowable Purpose: Data are exchanged by MCDPH and ADHS primarily for conducting public health interventions to maintain continuity of care for persons diagnosed with TB, especially when they move across state or county jurisdictions. Data may also be used for other allowable public health practice, including surveillance, and research as a part of a joint public health initiative between MCDPH and ADHS. Specific research projects must be approved as described in this MOU. Limitations on Data Use: Data may only be used as described above, for allowable public health interventions, surveillance, or as part of a mutually agreed research project. Re-release of data is allowed by ADHS to other public health statutory authorities, their designated agents, or governments of other nations for the sole purpose of maintaining continuity of TB medical treatment to individuals diagnosed with TB. Principal Contacts: At ADHS: Quentin Mazzaferro Arizona Department of Health Services Office of Disease Integration and Services 150 N 18th Avenue, Suite 540 Phoenix, AZ, 85007 Phone: (602) 364-3846 Email: tb@azdhs.gov At MCDPH: Maricopa County Department of Public Health Community Health and Records Services 1645 E Roosevelt St Phoenix, AZ 85006 Email: Jonathan.Bell@maricopa.gov Frequency of Data Release: Individual case data will be provided upon request. Selection Criteria: Based upon individual level identifiers of persons known to have been diagnosed with TB. 42 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT M- MEDSIS Non-Communicable Disease Data Allowable Data Uses: All uses allowable under applicable law as determined by MCDPH. For Research uses, MCDPH may use an Institutional Review Board of choice to oversee the protection of human ethics/privacy rights in data use. Time Frame and Scope of Data Shared: All data in MEDSIS injury module for residents within the jurisdiction of MCDPH, and events reported into MEDSIS injury module by medical providers located within the jurisdiction of MCDPH. Data Fields Shared: All fields shared. Frequency of Data Sharing: Real-time continuous access to the MEDSIS production data. Sharing of reportable health event (MEDSIS) data is facilitated by granting access to MEDSIS to authorized persons designated by MCDPH to have such access. Data files will be shared/updated daily. Method of Data Transfer: Data is maintained and protected by ADHS while it is resident on the ADHS MEDSIS server. MCDPH becomes the owner of all data downloaded by or transferred to MCDPH, and becomes responsible to maintain and protect the downloaded or transferred data. Data may be transferred from ADHS to MCDPH by any of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure Application Programming Interface (API) ● Secure direct data access from ADHS Snowflake data lakehouse ● Secure direct access to system/application of record 43 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT N- MEDSIS Environmental Exposure Data Allowable Data Uses: All uses allowable under applicable law as determined by MCDPH. For Research uses, MCDPH may use an Institutional Review Board of choice to oversee the protection of human ethics/privacy rights in data use. Time Frame and Scope of Data Shared: All data in MEDSIS for residents within the jurisdiction of MCDPH, and events reported into MEDSIS by reporting entities located within the jurisdiction of MCDPH. Data Fields Shared: All fields shared. Frequency of Data Sharing: Real-time continuous access to the MEDSIS production data. Sharing of reportable health event (MEDSIS) data is facilitated by granting access to MEDSIS to authorized persons designated by MCDPH to have such access. Method of Data Transfer: Data is maintained and protected by ADHS while it is resident on the ADHS MEDSIS server. MCDPH becomes the owner of all data downloaded by or transferred to MCDPH, and becomes responsible to maintain and protect the downloaded or transferred data. Data may be transferred from ADHS to MCDPH by any of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) ● Secure Application Programming Interface (API) ● Secure direct data access from ADHS Snowflake data lakehouse ● Secure direct access to system/application of record 44 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT O- Prehospital Information and EMS Registry System (AZ-PIERS) Allowable Purpose: Data are allowed to be exchanged by ADHS and MCDPH for conducting Public Health practice and Quality Assurance. Data are not allowed to be used for research. Proposed sharing of data are to be reviewed on a case-by-case basis by using the public-facing Data Request Form found on the Bureau’s webpage. Limitations on Data Use: Data may only be used as described above, no identifiable information may be published, no contact may be attempted with agencies or individuals contained in the data unless approved as described above. Use of data must be within the limitations of Arizona statutes regarding this data. Principal Contacts: Bureau of Emergency Medical Services & Trauma System 150 N. 18th Ave., Suite 540 Phoenix, AZ 85007 (602) 364-3150 (800) 200-8523 Maricopa County Department of Public Health Office of Communicable Disease Data, Surveillance, and Outbreak Response 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jennifer.Collins@maricopa.gov Selection Criteria: Incidents which occurred within the jurisdiction of MCDPH or MCDPH residence (if available). Data Fields Shared: Minimum required as reviewed and approved within the allowed purposes process. Frequency of Data Sharing: As needed and agreed upon for each project. Additional Information: MCDPH will need to share any report/publication produced using the provided data, on an ongoing basis. 45 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS Method of Data Transfer: Data may be transferred from ADHS to MCDPH by any of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP) 46 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS EXHIBIT P- Pregnancy Risk Assessment Monitoring System (PRAMS) Allowable Purpose: For Public Health Purposes. These data will be used to identify groups of women and infants at high risk for health problems to monitor changes in health status and to measure progress towards goals in improving the health of mothers and infants. Limitations on Data Use: 1. PRAMS will provide MCDPH with annual data sets of PRAMS data beginning with the 2020 dataset on an annual basis. The data will be scrubbed of potential identifiers following the HHS Safe Harbor Methods in order to protect privacy and confidentiality of PRAMS participants. 2. Any questions on the appropriate use of the shared data for research will be referred to the PRAMS Coordinator and the parties referred to in Section 19 of this MOU. 3. MCDPH will not release the data set or any part of it to any person other than those listed as collaborators in the proposal. MCDPH will assure that all approved collaborators understand that they may not share the data set or any part of it. 4. MCDPH will follow data suppression guidelines to develop and publish any PRAMS reports (all counts less than 6 will be suppressed and provide warnings for estimates that are based on counts less than 10). 5. Any publication of data needs to first receive approval from the PRAMS program manager. 6. MCDPH will neither attempt, nor permit others to attempt, to use the data set or link it with other data sets to learn the identity of any participant. If the identity of a respondent should be inadvertently discovered, MCDPH will not use and/or distribute this information, nor will MCDPH permit others to use the information. MCDPH will inform the AZ PRAMS staff at azpramsmanager@azdhs.gov of the discovery but will not disclose any identifiable data in the e-mail, so they can prevent future discoveries. MCDPH pledges that no staff members will inform anyone else of this knowledge. 7. When the proposed analyses are completed, all copies of these data will be destroyed. Protocol for Data Breaches: The CDC requires immediate reporting of any security breach of PRAMS data. In the event of a breach: MCDPH shall notify the PRAMS program immediately via email upon the discovery of a data breach. MCDPH shall immediately investigate such security incident, breach, or unauthorized use or disclosure of participant information, including: ● What data elements were involved and the extent of the data involved in the breach; ● A description of the unauthorized person(s) known or reasonably believed to have improperly used or disclosed the protected information; ● A description of where the protected information is believed to have been improperly transmitted, sent, or utilized; 47 MEMORANDUM OF UNDERSTANDING AMENDMENT ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF PROCUREMENT 150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007 MOU NO.: HU156031 AMENDMENT NO.: ONE (1) PROCUREMENT OFFICER NATHANIEL THOMAS ● A description of the probable causes of the improper use or disclosure; and Whether Arizona Revised Statutes (A.R.S) 44-7501 or any other federal or state laws requiring individual notifications of breaches are triggered. MCDPH shall provide a written report of the investigation to the PRAMS program within forty-eight (48) hours of the discovery of the breach or unauthorized use or disclosure. The report shall include the information specified above, as well as a full, detailed corrective action plan, including information on measures that were taken to halt and/or contain the improper use or disclosure, As described in protocol PRAMS shall report the breach to the Centers for Disease Control and Prevention as an 'adverse event' and shall follow all other pertaining protocols set in the implementation manuals from the CDC. Principal Contacts: 1. AZ PRAMS Principal Investigator: 480-273-3974 2. AZ PRAMS Manager: 480-216-9790 3. Population Survey Epidemiologist: 480-341-1201 Bureau of Assessment and Evaluation Division of Public Health - Prevention Services Arizona Department of Health Services 150 N. 18th Avenue, Suite 310 Phoenix, Arizona 85007 Maricopa County Department of Public Health Office of Health Equity and Community Data 4041 N Central Ave, Suite 600 Phoenix, AZ 85012 Email: Jackie.Ward@maricopa.gov Selection Criteria: Limited de-identified PRAMS data as agreed by ADHS and MCDPH that match the selection criteria described in section 2.2.1 of this MOU, including zip-code. Frequency of Data Sharing: On an annual basis, unless otherwise agreed upon. Method of Data Transfer: Data may be transferred from ADHS to MCDPH by any of the following methods listed in section 2.2.4 of this MOU: ● Encrypted file transfer using Secure File Transfer Protocol (SFTP)