HomeMy WebLinkAbout20122806.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING REGARDING AN ORGANIZED
HEALTH CARE ARRANGEMENT (OHCA) AND AUTHORIZE CHAIR TO SIGN
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 Weld County Department of Public Health and Environment (WCDPHE)
wishes to enter into an Organized Health Care Arrangement (OHCA) with various local
healthcare treatment providers, and
WHEREAS, all signatory entities to this OHCA are Covered Entities or Hybrid Covered
Entities, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA),
as they engage in the joint delivery of health care, and
WHEREAS, the members of the OHCA are less restricted in their ability to share
protected health information than would otherwise be allowed under HIPAA, and may therefore
provide for better continuity of care for their joint patients, and
WHEREAS, the Board has been presented with a Memorandum of Understanding
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the other signatory entities to the MOU, namely, (1) North
Range Behavioral Health, (2) Sunrise Community Health, (3) Colorado Access, (4) Touchstone
Health Partners, and (5) Centennial Mental Health. Such MOU shall commence upon full
execution, with further terms and conditions being as stated in said Memorandum of
Understanding regarding the parties' respective responsibilities under the Organized Health
Care Arrangement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Memorandum of Understanding be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair is authorized to sign said
Memorandum of Understanding.
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/D- 74/ a oicg 2012-2806
BC0043
MEMORANDUM OF UNDERSTANDING REGARDING AN ORGANIZED HEALTH CARE
ARRANGEMENT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,,
J Sean P. Co wa Chair
Weld County Clerk to the Board
Wil E" F. arcia, Pro-Tem
Deputy Clerk . the B. '� �� ( �u �� 1 � �'��� - `'
B% a Kirkmeyer
�..ry
APP'ai4ED A ►, •. •.� `tifLA c2(9)
David E. Long
n I /
ounty Attorney •.err L �� A\c� cl vrtc, O t/
Douglas ademach r
Date of signature: 3 aeD;
2012-2806
BC0043
MEMORANDUM OF UNDERSTANDING REGARDING AN
ORGANIZED HEALTH CARE ARRANGEMENT
North Range Behavioral Health ("North Range"), Sunrise Community Health("Sunrise"),
Weld County Department of Public Health and Environment ("WCDPHE"), Colorado Access
("Access"), Touchstone Health Partners ("Touchstone," formerly Larimer Center for Mental Health),
and Centennial Mental Health ("Centennial") enter into this Memorandum of Understanding regarding
an Organized Health Care Arrangement effective June 1, 2012.
I. Recitals
WHEREAS, North Range, a nonprofit corporation organized under the laws of the State of
Colorado, provides mental health services within the County of Weld, State of Colorado;
WHEREAS, Sunrise, a nonprofit corporation organized under the laws of the State of
Colorado, is a federally-qualified health center that provides health services within the Counties of
Larimer and Weld in the State of Colorado;
WHEREAS, WCDPHE is the local public health agency within the County of Weld, which is a
political subdivision of the State of Colorado, organized under the laws of the State of Colorado, and
located in the north-central part of the State of Colorado, that preserves, promotes, and protects the
health and environment of the residents of the County of Weld;
WHEREAS, Access, a nonprofit corporation organized under the laws of the State of Colorado
provides health plan services within the County of Weld, State of Colorado;
WHEREAS, Touchstone, a nonprofit corporation organized under the laws of the State of
Colorado, provides mental health services within the County of Larimer, State of Colorado;
WHEREAS, Centennial, a nonprofit corporation organized under the laws of the State of
Colorado, provides mental health services within the Counties of Logan, Phillips, Sedgwick, Morgan,
Washington, Elbert, Lincoln, Cheyenne, Kit Carson, and Yuma, State of Colorado;
WHEREAS, all of the parties to this Arrangement are Covered Entities or Hybrid Covered
Entities, as defined by the Privacy Standards of the Health Insurance Portability and Accountability
Act of 1996 ("HIPAA"), Public Law 104-191, and they engage in the joint delivery of health care; and
WHEREAS, the parties desire to enter into and participate in a joint Organized Health Care
Arrangement("OHCA") as defined by, and in accordance with HIPAA.
II. Arrangement
1. The parties, as participants in this OHCA, shall have the unrestricted right to use and
disclose their patients' Protected Health Information, as defined by HIPAA, for the treatment,
payment, and/or health care operations of the participants, in accordance with federal and state laws.
2012-2806
-1-
2. The parties shall engage in joint activities in the delivery of health care including, but not
limited to: (a) utilization review, in which health care decisions by participants are reviewed by other
participants or by a third party on their behalf; and (b) quality assessment and improvement activities,
in which treatment provided by participants is assessed by other participants or by a third party on their
behalf.
3. In furtherance of this OHCA, the parties shall use a joint Notice of Privacy Practices.
4. The parties agree to any future amendments to this OHCA if required by law.
5. The parties agree that this OHCA is entered into solely for the purposes stated herein and for
compliance with federal and state laws, particularly HIPAA, and is not intended to create, nor shall it
be construed as creating, any form of partnership,joint venture, or other legal relationship.
6. Each party to this OHCA, except Weld County, agrees to defend, indemnify, and hold
harmless the other parties, their boards, commissions, officers, employees, and agents, from and
against any and all claims, suits, actions, liability, loss, damage, or expense caused by, or alleged to
have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of the
indemnifying party, its boards, commissions, officers, employees, and agents, regarding compliance
with federal and state laws governing the use and disclosure of health information.
7. Any party may withdraw from this OHCA by providing the other parties with written notice
30 days prior to the withdrawal.
[Signature Pages Follow: Page 3 —North Range Behavioral Health; Page 4—Sunrise Community
Health; Page 5 — Weld County Department of Public Health& Environment; Page 6—Colorado
Access; Page 7—Touchstone Health Partners; Page 8 —Centennial Mental Health]
-2-
IN WITNESS WHEREOF, the parties enter into this Memorandum of Understanding
Regarding an Organized Health Care Arrangement as of the date first set forth above.
North Range Behavioral Health
By:
Larry D. Pottor
Its: Executive Director
-3-
IN WITNESS WHEREOF, the parties enter into this Memorandum of Understanding
Regarding an Organized Health Care Arrangement as of the date first set forth above.
Sunrise Community Health
By: Or'0 i
Its: r cD
-4-
IN WITNESS WHEREOF, the parties enter into this Memorandum of Understanding
Regarding an Organized Health Care Arrangement as of the date first set forth above.
Weld County Department of Public
Health and Environment, by and through the
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
cc
(( � an P. Conway, Chair
Weld County Clerk to the Boa OCT 0 3 2012
YS
Deputy Clerk o the Board \i:t
-5-
IN WITNESS WHEREOF, the parties enter into this Memorandum of Understanding Regarding an
Organized Health Care Arrangement as of the date first set forth above.
Colorado ss
Y -
•
Its:
-6-
IN WITNESS WHEREOF,the parties enter into this Memorandum of Understanding Regarding an
Organized Health Care Arrangement as of the date first set forth above.
Touchstone Health Partners
By:—���—.`Y
Its: CHIEF EXECUTIVE OFFICER
-7-
IN WITNESS WHEREOF. the parties enter into this Memorandum of Understanding Regarding an
Organized Health Care Arrangement as of the date first set forth above.
Centennial Mental Heatth
7?-11)
',r`E c_ . "'
Its: ,�XEcvc.�tJ-F r
-8-
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