HomeMy WebLinkAbout20131215.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO
SIGN - COLORADO ACCESS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Non -Financial Memorandum of
Understanding between the County of Weld, State of Colorado, by and through the Board of
County Commissioners, on behalf of the Department of Public Health and Environment, Area
Agency on Aging and Colorado Access, the Regional Care Collaborative Organization (RCCO),
commencing upon execution of signature and ending upon written notification of 30 days, with
further terms and conditions being as stated in said non -financial memorandum of understanding,
and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Non -Financial Memorandum of Understanding between the County of
Weld, State of Colorado, by and through the Board of County Commissioners, on behalf of the
Department of Public Health and Environment, Area Agency on Aging and Colorado Access, the
Regional Care Collaborative Organization (RCCO) be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said non -financial memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUJI-T,Y, COLORADO
ATTEST:
Weld County Clerk to the Bo
BY:
ougla
Deputy Clerk to the s`'r.' °" XCUSED
APPROVED AS T
Barbara Kirkmeyer
u ty Attorney
Date of signature: S4�
hitt
Sean P. Conway
Mike Freeman
EXCUSED
c er, Pro-Tem
Co WSZ&/c
2013-1215
HR0084
MEMORANDUM
DATE: May 16, 2013
TO: William F. Garcia, Chair, Board of County commiss}pne
FROM: Judy A. Griego, Director, Department of
RE: Non -Financial Memorandum of Understanding between
the Weld County Department of Human Services' Area
Agency on Aging and Colorado Access, the Regional Care
Collaborative Organization (RCCO)
Enclosed for Board approval is a Non -Financial Memorandum of Understanding between
the Department's Area Agency on Aging and Colorado Access, the Regional Care
Collaborative Organization (RCCO). This Memorandum of Understanding was reviewed
under the Board's Pass -Around Memorandum dated May 3, 2013, and approved for
placement on the Board's Agenda.
This MOU will allow our agencies to share relevant protected health information (PHI) for
Medicaid clients that are being serviced by the RCCO and the Area Agency on Aging's
Options for Long Term Care Program.
The term of this MOU is effective upon signature and will be terminated upon written
notification of 30 days
If you have additional questions, please contact me at extension 6510.
2013-1215
MEMORANDUM OF UNDERSTANDING
By and Between
COLORADO ACCESS RCCO and
WELD COUNTY DEPARTMENT OF HUMAN SERVICES
This Memorandum of Understanding ("MOU") is entered into on the &tday of May, 2013
("Effective Date"), by and between Colorado Access ("RCCO"), a Colorado non-profit corporation with its
principal place of business at 10065 E. Harvard Ave., Suite 600, Denver, Colorado, 80231, and Weld
County Department of Human Services ("WCDHS") with its principal place of business at 315 North
11th Avenue, Building C, Greeley, CO 80631 (each individually a "Party" and collectively the "Parties").
WHEREAS, Colorado Access is a Regional Care Collaborative Organization known as the RCCO
(hereinafter referred to as "RCCO") in RCCO Regions 2, 3 and 5, pursuant to a contract with the State of
Colorado Department of Health Care Policy and Financing ("RCCO Contract"), and;
WHEREAS, the RCCO Contract requires the RCCO, among other things, to identify Medicaid
Members within RCCO regions 2, 3 and 5 ("RCCO Members"), and provide integrated care coordination
for the RCCO Members to achieve their desired health outcomes in an efficient and responsible manner,
and;
WHEREAS, WCDHS is also a Contractor of the State of Colorado ("the State"), and has contract
responsibilities for Medicaid Members to provide case management, and to coordinate aspects of care
and services, and;
WHEREAS, both the RCCO and WCDHS are Business Associates of the State of Colorado ("the
State"), as defined in 45 C.F.R. § 160.103, and receive Medicaid Members' protected health information
("PHI") from the State in order to carry out or perform functions required by their State contracts , and;
WHEREAS, the Parties must exchange PHI in order to achieve the goals set forth in their
respective State contracts, and;
WHEREAS, the Contracts contemplate such exchange of PHI;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
A. DEFINITIONS
1. Business Associate shall have the meaning set forth in 45 C.F.R. § 160.103, and
shall refer to the relationship that each Party has with the State as a result of a
Business Associate Agreement ("BAA") that it has executed with the State.
2. Covered Entity shall have the same meaning set forth in 45 C.F.R. § 160.103, and
shall mean the State of Colorado.
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3. Electronic Protected Health Information or e -PHI shall have the meaning set forth
in 45 C.F.R. § 160.103, and generally shall mean PHI that is transmitted or
maintained in any electric media.
4. HITECH Act shall mean the Health Information Technology for Economic and Clinical
Health Act, found in Title XIII of the American Recovery and Reinvestment Act of
2009, Public Law 111-5.
5. Integrated Care Coordination shall mean ensuring that physical, behavioral, long-
term care, social and other services are continuous and comprehensive and the
service providers communicate with one another in order to effectively coordinate
care and provide services that are not duplicative of other services and that are
mutually reinforcing.
6. Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 C.F.R. Part 160 and Part 164, Subparts A and E, as amended by the
HITECH Act and as may otherwise be amended from time to time.
7. Protected Health Information or PHI shall have the same meaning as the term
"protected health information" in 45 C.F.R. § 160.103, limited to the information
created or received by a Business Associate from or on behalf of the Covered Entity
(the State, in this case). The term PHI, as used herein, shall be inclusive of ePHI.
8. Security Rule shall mean the Security Standards at 45 C.F.R. Parts 160 and 164,
Subparts A and C, as may be amended from time to time.
B. BUSINESS ASSOCIATES
1. RCCO and WCDHS are Business Associates of the State of Colorado and warrant that
they are each a party to a Business Associate Agreement ("BAA")with the State,
pursuant to the HIPAA Privacy Rule;
2. Both Parties understand and accept that maintaining a BAA with the State of
Colorado is a condition precedent to this MOU;
3. Upon execution of this MOU, the Parties shall exchange copies of their BAAs;
4. If, at any time during the term of the MOU, a Party is no longer bound by a BAA,
such Party shall immediately provide notice to the other Party and this MOU shall
automatically terminate;
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5. If, at any time during the term of the MOU, a Party's BAA has materially changed or
relationship with the State has changed, such Party shall immediately provide notice
to the other Party with a copy of the materially changed BAA and the other Party
shall have a right to terminate this MOU by giving notice of such termination to the
Party's representative as set forth in this MOU.
C. EXCHANGE OF PHI
1. The Parties will exchange PHI in accordance with the permitted and required use
and disclosures of PHI set forth in their BAAs with the State of Colorado and as
provided by the Privacy Rule;
2. The Parties warrant that they will insure that the PHI exchanged is secure and not
vulnerable to inappropriate use and disclosure, and that use information safeguards
are in place to prevent privacy violations, as required by their BAAs and the Security
Rule;
3. The Parties will report any wrongful use or disclosure to the State as required in
their respective BAAs;
4. The Parties will exchange only the minimum PHI necessary to satisfy the
requirements of their State contracts;
5. The Parties must make their internal practices, books, and records relating to the
use and disclosure of the PHI received from the other Party available to the
Department of Health and Human Services upon request for compliance and
enforcement purposes.
6. Upon termination of this MOU, the Parties will return or destroy any PHI that they
have received from the other Party and continue to maintain in any form, and will
not retain any copies of such PHI. If the return or destruction is not feasible at
termination, the privacy protections will remain in place as long as the Party retains
the PHI.
D. Term and Termination
1. Term. This MOU shall commence on the Effective Date and shall expire when all PHI
provided to, created or received by the Parties, each to the other, is destroyed or
returned to the conveying Party.
2. Termination of this Agreement With Cause. The Parties may terminate this MOU
due to the failure of a Party to maintain its BAA or due to a breach of its obligations
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under its BAA, this MOU and/or the Privacy Rule. A breach shall require the
breaching Party to treat such breach as if it was a breach of their BAA and fulfill the
obligations of their BAA for such breach.
3. Termination of this Agreement Without Cause. Either party may, at any time and
for any reason, terminate this Agreement by providing the other party with thirty
(30) days prior written notice of termination.
E. Additional Provisions
1. Applicable Law. This MOU shall be governed by Colorado law.
2. No Third Party Rights. Except as expressly stated herein or in the Privacy Rule, the
Parties do not intend to create any rights to this MOU in third parties.
3. Amendment. Upon enactment of any law or regulation affecting the use and/or
disclosure of PHI, an amendment to the Parties' individual State contracts affecting
the use and/or disclosure of PHI, the publication of any court decision relating to
any such law, or the publication of any interpretive policy, opinion or guidance of
any governmental agency charged with the enforcement of any such law or
regulation, the Parties may amend this MOU to comply with such law, contractual
amendment, or regulation.
4. Survival. The respective rights and obligations of the Parties under Section C. above
shall survive the termination of the MOU.
5. Interpretation. Any ambiguity in this MOU shall be resolved to permit the Parties to
comply with their BAAs, the Privacy Rule and the Security Rule.
6. Severability. In the event that any provision of this MOU is held by a court of
competent jurisdiction to be valid or unenforceable, the remainder of the provisions
of this MOU will remain in full force and effect.
7. Counterparts. This MOU may be executed in counterparts, each of which shall be
deemed to be an original and all of which together shall constitute a single
document. The Parties acknowledge and agree that the exchange of electronic or
fax signatures will have the same legal validity as the Parties' signatures would have
if signed in hard copy form.
8. Entire Agreement. This MOU constitutes the entire agreement and understanding
between the Parties with respect to the subject matter hereof and replaces in its
entirety any prior discussions, negotiations, agreements or other arrangements with
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respect to the subject matter, whether written or oral, all of which are replaced by
the terms of this MOU. No amendment or modification of this MOU shall be valid
and binding unless made in writing and signed by authorized representatives of all
Parties.
9. Notice. All notices pertaining to or required by this MOU shall be in writing, signed
by an authorized representative of the notifying Party, and delivered by registered,
certified, or by an express/overnight delivery service and sent to the other Party or
Parties at the address(s) designated below:
RCCO CONTACT:
Name: Gretchen McGinnis
Title: Senior Vice President Public Policy & Performance Information
Address: 10065 E. Harvard Ave., Suite 600
Denver, CO 80231
Telephone Number: 720-744-5500
Fax Number: 303-369-0429
Email Address: gretchen.mcginnis@coaccess.
WELD COUNTY DEPARTMENT OF HUMAN SERVICES CONTACT:
Name: Eva Jewell
Title: Division Head, Weld County DHS, AAA
Address: P.O. Box 1805 Greeley, CO 80632
Telephone Number: 970-346-6950 x6101
Fax Number: 970-346-6951
Email Address: ejewell@co.weld.co.us
IN WITNESS WHEREOF, each Party has caused this MOU to be executed by its duly authorized
representative, as of the dates set forth below.
COLORADO A CESS : CCO
Printed Name: aiQI'fr'IPv�
Title: Sr. \I? Pu I
Date: 3 it" b -O13
ATTEST:
Weld Coun y Clerk to the Board
BY:
Deputy Cler J o the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
William F. Garcia, Chair
6
MAY 202013
020/.3- /445
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