HomeMy WebLinkAbout20194393.tiff RESOLUTION
RE: APPROVE ADDENDUM TO AGREEMENT FOR HIPAA BUSINESS ASSOCIATE AND
AUTHORIZE CHAIR TO SIGN - EASTER SEALS COLORADO
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 an Addendum to an Agreement for HIPAA
Business Associate, between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Human Services, and
Easter Seals Colorado, commencing upon full execution of signatures, with further terms and
conditions being as stated in said addendum, and
WHEREAS, after review, the Board deems it advisable to approve said addendum, 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 Addendum to an Agreement for HIPAA Business Associate, between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, and Easter Seals Colorado, be
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said addendum.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
�,�,,// WELD COUNTY, COLORADO
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arbara Kirkmeyer, hair
Weld County Clerk to the Board
74 ,. / - Mike Freeman, Pro-Tem
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Deputy Clerk to the Boar
E11.4.6 Sean '. Conway
APP ED AS TO OR
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•\ , Steve Moreno
Date of signature: 10 OK(
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 29, 2019
1861 •
TO: Board of County Commissioners—Pass-Around
A
FR: Judy A. Griego, Director, Human Services
G p N Y
RE: AAA Non-Financial Agreement for the Tailored
Caregiver Assessment and Referral (TCARE)
Pilot Program with Easter Seals Colorado
Please review and indicate if you would like a work session prior to placing this item on the Board's
agenda.
Request Board Approval of the Department's Area Agency on Aging's (AAA) Non-Financial
Agreement for the Tailored Caregiver Assessment and Referral (TCARE) Pilot Program with
Easter Seals Colorado. The Area Agency on Aging's Family Caregiver Support Program is
seeking approval to enter into a non-financial agreement with Easter Seals Colorado to partner in a
TCARE pilot project throughout the State of Colorado.
TCARE(Tailored Caregiver Assessment and Referral) is a care management protocol designed to
support family members who are providing care to adults, of any age, with chronic or acute health
conditions by tailoring services to the unique needs of each caregiver; thereby, reducing depression
and burdens (i.e., objective, relationship, and stress burdens) associated with caregiving. AAA's role
in the pilot program would be to conduct initial screening on all family caregivers in its program. If
the AAA is selected as a control group, service to the family caregivers remains as usual. If selected
as a treatment group, the family caregivers that meet criteria during the screening will be given the
TCARE assessment. Follow up assessments are conducted, and the information is shared with the
research group.
During the 2018-2019 State fiscal year, the AAA Family Caregiver Support Program served
approximately 65 family caregivers and provided about 4,600 hours of respite services. This MOU
has been provided to Legal for review and approval for use.
Pass-Around Memorandum; July 29, 2019—ID 3057 Page 1
2019-4393
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PRIVILEGED AND CONFIDENTIAL
I do not recommend a Work Session. I recommend approval of the MOU and authority for the Director to
sign.
Approve Schedule Other/Comments:
Recommendation Work Session
Sean P. Conway
Mike Freeman, Pro-Tem
Scott James
Barbara Kirkmeyer, Chair
Steve Moreno 94
Pass-Around Memorandum; July 29, 2019-ID 3057 Page 2
Memorandum of Understanding
Between
Easter Seals Colorado
and
Weld County Department of Human Services
For Implementation of
TCARE Pilot Project
Date:July 16,2019
I. MISSION
Easter Seals Colorado has been helping individuals with disabilities and special needs,and their families,
live better lives for more than 90 years.From rehabilitation services to respite programs and
employment opportunities for people with disabilities,Easter Seals Colorado offers a variety of services
to help people with disabilities address life's challenges and achieve personal goals. For this MOU Easter
Seals Colorado will serve as the fiscal agent for TCARE licenses and will provide oversight of the scope of
work as outlined by this agreement.
The Department of Human Services offers aid and a range of programs to the citizens of Weld County.
For this MOU Weld County Department of Human Services will serve as a data collection partner for the
TCARE pilot project.
For this MOU,Weld County Department of Human Services will implement the scope of work as
outlined by this agreement.
Together,the Parties enter into this Memorandum of Understanding to mutually promote increased
understanding of the TCARE caregiver assessment and its efficacy in supporting Colorado's family
caregivers.Accordingly,Easter Seals Colorado and Weld County Department of Human Services,
operating under this MOU agree as follows:
II.PURPOSE AND SCOPE
These organizations are positioned to collaborate to support the TCARE pilot project to better
understand the use of the TCARE caregiver assessment in Colorado.Easter Seals Colorado will provide
support to Weld County Department of Human Services and will serve as the coordinating partner with
TCARE,Inc.and the Colorado Evaluation and Action Lab,a Denver based research group.Weld County
Department of Human Services will be instrumental in helping collect data through the TCARE
assessment utilizing treatment and control groups to evaluate effectiveness of the tool.
Easter Seals Colorado will purchase and assign the agreed upon number of TCARE licenses to Weld
County Department of Human Services,if Weld County Department of Human Services is determined to
be a treatment group following randomization process.No additional funds will be exchanged under this
MOU unless Weld County Department of Human Services is determined to be a control group following
randomization process.
1
III.TERMS OF UNDERSTANDING
The term of this MOU is for a period of 1 year from the effective date of this agreement and may be
extended upon written mutual agreement.It shall be reviewed at least annually to ensure that it is
fulfilling its purpose and to make any necessary revisions.
The parties hereby acknowledge that they are independent contractors,and nothing contained in this
Agreement shall be construed or implied to create an agency,joint venture,or partnership between the
parties hereto,and neither party shall have any authority by virtue of this Agreement to contract or
otherwise act on behalf of the other. Neither party shall represent itself as an agent of the other.
Either organization may terminate this MOU upon fifteen(15)days written notice without penalties or
liabilities. This MOU is not a legal-binding document.
ROLES&RESPONSIBILITIES
Each party will appoint a person to serve as the official contact and coordinate the activities of each
organization in carrying out this MOU.The initial appointees of each organization are:
Meghan Kluth
Vice President,Respite Initiatives
Easter Seals Colorado
303.233.1666 x 257,mkluth@eastersealscolorado.org
Jillian Broce
Family Caregiver Coordinator
Weld County Area Agency on Aging
970.400.6130,jbroce@weldgov.com
The organizations agree to complete the following responsibilities for this MOU:
Easter Seals Colorado will:
• Provide information about randomization into either treatment or control group.If Weld County
Department of Human Services is randomized as a treatment group,Easter Seals Colorado will
purchase and provide agreed upon number of licenses to Weld County Department of Human
Services,which can be used for 12 months upon activation date.If Weld County Department of
Human Services is randomized as a control group,Easter Seals Colorado will provide a stipend to
Weld County Department of Human Services for participation in project by the end of the data
collection period.
• Provide ongoing support to Weld County Department of Human Services regarding questions
and concerns throughout the data collection process
• Coordinate communication between Weld County Department of Human Services and other
project partners as needed
Weld County Department of Human Services will:
• Provide staff for control or treatment group for TCARE pilot project based on randomization
2
• Follow research design for TCARE pilot project provided by the Colorado Evaluation and Action
Lab
• Ensure all participating staff in treatment group complete four hour online training provided by
TCARE if randomized as a treatment group
• Provide TCARE care plan to family caregivers following the completion of the caregiver
assessment exactly as recommended by TCARE if randomized as a treatment group. If the
agency feels there need to be any modifications,changes must be approved by Easter Seals
Colorado.
• Provide assistance to family caregivers using agency's standard procedure if randomized as a
control group.
• Identify replacement staff member(s)if any member of the control or treatment group leaves
the agency or is out of the office long-term during the project period
• Conduct TCARE initial screener on all family caregivers served during the project period
• Input completed caregiver assessments into approved TCARE software throughout the project
period if randomized as a treatment group
• Conduct six month follow up assessment on all family caregiver served during the project period
for all caregivers served
• Work with Easter Seals Colorado to address any concerns or challenges regarding data collection
during the project period
A HIPAA Business Associate Agreement will also be executed between parties as part of this
agreement to protect client information.
Authorization
The signing of this MOU is not a formal undertaking.It implies that the signatories will strive to reach,to
the best of their ability,the objectives stated in the MOU.
On behalf of the organization I represent,I wish to sign this MOU and contribute to its further
development.
Easter Seals Colorado:
Roman Krafczyk,Pr sident CEO Date
Weld County Department of Human Services:
d&L (-I C 7' -\/ -t
iii/
Judy riego Dote
Direct r
3
HIPAA BUSINESS ASSOCIATE ADDENDUM
This Business Associate Addendum ("Addendum") is a part of the Memorandum of
Understanding dated July 16,2019 between Easter Seals Colorado and Weld County
Department of Human Services. For purposes of this Addendum, Easter Seals Colorado is
referred to as "Covered Entity"or"CE"and Weld County Department of Human Services
referred to as "Associate". Unless the context clearly requires a distinction between the
Contract document and this Addendum, all references herein to "the Contract"or"this
Contract" include this Addendum.
RECITALS
A. CE wishes to disclose certain information to Associate pursuant to the terms of the
Contract, some of which may constitute Protected Health Information ("PHI") (defined
below).
B. CE and Associate intend to protect the privacy and provide for the security of PHI
disclosed to Associate pursuant to this Contract in compliance with the Health Insurance
Portability and Accountability Act of 1996,42 U.S.C. § 1320d— 1320d-8 ("HIPAA")as
amended by the American Recovery and Reinvestment Act of 2009("ARRA")/HI I'ECH
Act(P.L. 111-005), and its implementing regulations promulgated by the U.S.
Department of Health and Human Services, 45 C.F.R. Parts 160, 162 and 164 (the
"HIPAA Rules")and other applicable laws, as amended.
C. As part of the HIPAA Rules,the CE is required to enter into a written contract containing
specific requirements with Associate prior to the disclosure of PHI, as set forth in, but not
limited to,Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal
Regulations("C.F.R.") and contained in this Addendum.
The parties agree as follows:
1. Definitions.
a. Except as otherwise defined herein, capitalized terms in this Addendum shall have
the definitions set forth in the HIPAA Rules at 45 C.F.R. Parts 160, 162 and 164, as amended.
In the event of any conflict between the mandatory provisions of the HIPAA Rules and the
provisions of this Contract,the HIPAA Rules shall control. Where the provisions of this
Contract differ from those mandated by the HIPAA Rules,but are nonetheless permitted by the
HIPAA Rules, the provisions of this Contract shall control.
b. "Protected Health Information"or"PHI"means any information,whether oral or
recorded in any form or medium: (i)that relates to the past,present or future physical or mental
condition of an individual;the provision of health care to an individual; or the past,present or
future payment for the provision of health care to an individual; and(ii) that identifies the
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individual or with respect to which there is a reasonable basis to believe the information can be
used to identify the individual, and shall have the meaning given to such term under the HIPAA
Rules, including,but not limited to,45 C.F.R. Section 164.501.
c. "Protected Information" shall mean PHI provided by CE to Associate or created
received,maintained or transmitted by Associate on CE's behalf. To the extent Associate is a
covered entity under HIPAA and creates or obtains its own PHI for treatment,payment and
health care operations, Protected Information under this Contract does not include any PHI
created or obtained by Associate as a covered entity and Associate shall follow its own policies
and procedures for accounting,access and amendment of Associate's PHI.
d. "Subcontractor" shall mean a third party to whom Associate delegates a function,
activity,or service that involves CE's Protected Information, in order to carry out the
responsibilities of this Agreement.
2. Obligations of Associate.
a. Permitted Uses. Associate shall not use Protected Information except for the
purpose of performing Associate's obligations under this Contract and as permitted under this
Addendum. Further, Associate shall not use Protected Information in any manner that would
constitute a violation of the HIPAA Rules if so used by CE, except that Associate may use
Protected Information: (i) for the proper management and administration of Associate; (ii)to
carry out the legal responsibilities of Associate;or(iii) for Data Aggregation purposes for the
Health Care Operations of CE. Additional provisions, if any, governing permitted uses of
Protected Information are set forth in Attachment A to this Addendum.Associate accepts full
responsibility for any penalties incurred as a result of Associate's breach of the HIPAA Rules.
b. Permitted Disclosures. Associate shall not disclose Protected Information in any
manner that would constitute a violation of the HIPAA Rules if disclosed by CE, except that
Associate may disclose Protected Information: (i) in a manner permitted pursuant to this
Contract;(ii)for the proper management and administration of Associate; (iii)as required by
law; (iv)for Data Aggregation purposes for the Health Care Operations of CE; or(v)to report
violations of law to appropriate federal or state authorities, consistent with 45 C.F.R. Section
I64.502(j)(1). To the extent that Associate discloses Protected Information to a third party
Subcontractor, Associate must obtain,prior to making any such disclosure: (i) reasonable
assurances through execution of a written agreement with such third party that such Protected
Information will be held confidential as provided pursuant to this Addendum and only disclosed
as required by law or for the purposes for which it was disclosed to such third party; and that
such third party will notify Associate within two(2) business days of any breaches of
confidentiality of the Protected Information,to the extent it has obtained knowledge of such
breach. Additional provisions, if any, governing permitted disclosures of Protected Information
are set forth in Attachment A.
c. Appropriate Safeguards. Associate shall implement appropriate safeguards as are
necessary to prevent the use or disclosure of Protected Information other than as permitted by
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this Contract. Associate shall comply with the requirements of the HIPAA Security Rule at 45
C.F.R. Sections 164.308, 164.310, 164.312, and 164.316. Associate shall maintain a
comprehensive written information privacy and security program that includes administrative,
technical and physical safeguards appropriate to the size and complexity of the Associate's
operations and the nature and scope of its activities. Associate shall review, modify,and update
documentation of, its safeguards as needed to ensure continued provision of reasonable and
appropriate protection of Protected Information.
d. Reporting of Improper Use or Disclosure. Associate shall report to CE in writing
any use or disclosure of Protected Information other than as provided for by this Contract within
five (5)business days of becoming aware of such use or disclosure.
e. Associate's Agents. If Associate uses one or more Subcontractors or agents to
provide services under the Contract,and such Subcontractors or agents receive or have access to
Protected Information, each Subcontractor or agent shall sign an agreement with Associate
containing the same provisions as this Addendum and further identifying CE as a third party
beneficiary with rights of enforcement and indemnification from such Subcontractors or agents
in the event of any violation of such Subcontractor or agent agreement. The Agreement between
the Associate and Subcontractor or agent shall ensure that the Subcontractor or agent agrees to at
least the same restrictions and conditions that apply to Associate with respect to such Protected
Information. Associate shall implement and maintain sanctions against agents and
Subcontractors that violate such restrictions and conditions and shall mitigate the effects of any
such violation.
f. Access to Protected Information. If Associate maintains Protected Information
contained within CE's Designated Record Set,Associate shall make Protected Information
maintained by Associate or its agents or Subcontractors in such Designated Record Sets
available to CE for inspection and copying within ten(10)business days of a request by CE to
enable CE to fulfill its obligations to permit individual access to PHI under the HIPAA Rules,
including,but not limited to,45 C.F.R. Section 164.524. If such Protected Information is
maintained by Associate in an electronic form or format,Associate must make such Protected
Information available to CE in a mutually agreed upon electronic form or format.
g. Amendment of PHI. If Associate maintains Protected Information contained
within CE's Designated Record Set,Associate or its agents or Subcontractors shall make such
Protected Information available to CE for amendment within ten(10)business days of receipt of
a request from CE for an amendment of Protected Information or a record about an individual
contained in a Designated Record Set, and shall incorporate any such amendment to enable CE
to fulfill its obligations with respect to requests by individuals to amend their PHI under the
HIPAA Rules, including,but not limited to, 45 C.F.R. Section 164.526. If any individual
requests an amendment of Protected Information directly from Associate or its agents or
Subcontractors, Associate must notify CE in writing within five(5)business days of receipt of
the request. Any denial of amendment of Protected Information maintained by Associate or its
agents or Subcontractors shall be the responsibility of CE.
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h. Accounting Rights. If Associate maintains Protected Information contained
within CE's Designated Record Set,Associate and its agents or Subcontractors shall make
available to CE within ten(10)business days of notice by CE, the information required to
provide an accounting of disclosures to enable CE to fulfill its obligations under the HIPAA
Rules, including,but not limited to,45 C.F.R. Section 164.528. In the event that the request for
an accounting is delivered directly to Associate or its agents or Subcontractors,Associate shall
within five(5) business days of the receipt of the request forward it to CE in writing. It shall be
CE's responsibility to prepare and deliver any such accounting requested. Associate shall not
disclose any Protected Information except as set forth in Section 2(b) of this Addendum.
i. Governmental Access to Records. Associate shall keep records and make its
internal practices, books and records relating to the use and disclosure of Protected Information
available to the Secretary of the U.S.Department of Health and Human Services(the
"Secretary"), in a time and manner designated by the Secretary, for purposes of determining
CE's or Associate's compliance with the HIPAA Rules. Associate shall provide to CE a copy of
any Protected Information that Associate provides to the Secretary concurrently with providing
such Protected Information to the Secretary when the Secretary is investigating CE. Associate
shall cooperate with the Secretary if the Secretary undertakes an investigation or compliance
review of Associate's policies,procedures or practices to determine whether Associate is
complying with the HIPAA Rules,and permit access by the Secretary during normal business
hours to its facilities, books,records,accounts, and other sources of information, including
Protected Information, that are pertinent to ascertaining compliance.
j. Minimum Necessary. Associate (and its agents or subcontractors)shall only
request, use and disclose the minimum amount of Protected Information necessary to accomplish
the purpose of the request, use or disclosure, in accordance with the Minimum Necessary
requirements of the HIPAA Rules including, but not limited to 45 C.F.R. Sections 164.502(b)
and 164.514(d).
k. Data Ownership. Associate acknowledges that Associate has no ownership rights
with respect to the Protected Information. CE shall be the sole owner of all data collected in
Colorado during TCARE project per the contract.
1. Retention of Protected Information. Except upon termination of the Contract as
provided in Section 4(d) of this Addendum, Associate and its Subcontractors or agents shall
retain all Protected Information throughout the term of this Contract and shall continue to
maintain the information required under Section 2(h) of this Addendum for a period of six(6)
years.
m. Associate's Insurance. Associate is a public entity within the meaning of the
Colorado Governmental Immunity Act, CRS 24-10-101,et seq.,as amended("Act").The
Associate shall at all times during the term of this Agreement maintain such liability insurance,
by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act.
Nothing in this Agreement shall be construed as a waiver of the protections of said Act.
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n. Notification of Breach. During the term of this Contract,Associate shall notify
CE within two(2) business days of any suspected or actual breach of security, intrusion or
unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of data in
violation of any applicable federal or state laws or regulations. Associate shall not initiate
notification to affected individuals per the HIPAA Rules without prior notification and approval
of CE. Information provided to CE shall include the identification of each individual whose
unsecured PHI has been,or is reasonably believed to have been accessed, acquired or disclosed
during the breach. Associate shall take(i)prompt corrective action to cure any such deficiencies
and(ii)any action pertaining to such unauthorized disclosure required by applicable federal and
state laws and regulations.
o. Safeguards During Transmission. Associate shall be responsible for using
appropriate safeguards, including encryption of PHI,to maintain and ensure the confidentiality,
integrity and security of Protected Information transmitted pursuant to the Contract, in
accordance with the standards and requirements of the HIPAA Rules.
p. Restrictions and Confidential Communications. Within ten (10) business days of
notice by CE of a restriction upon uses or disclosures or request for confidential communications
pursuant to 45 C.F.R. Section 164.522, Associate will restrict the use or disclosure of an
individual's Protected Information. Associate will not respond directly to an individual's
requests to restrict the use or disclosure of Protected Information or to send all communication of
Protect Information to an alternate address. Associate will refer such requests to the CE so that
the CE can coordinate and prepare a timely response to the requesting individual and provide
direction to Associate.
3. Obligations of CE.
a. Safeguards During Transmission. CE shall be responsible for using appropriate
safeguards,including encryption of PHI, to maintain and ensure the confidentiality, integrity and
security of Protected Information transmitted pursuant to the Contract, in accordance with the
standards and requirements of the HIPAA Rules.
b. Notice of Changes. CE maintains a copy of its Notice of Privacy Practices on its
website. CE shall provide Associate with any changes in, or revocation of, permission to use or
disclose Protected Information,to the extent that it may affect Associate's permitted or required
uses or disclosures. To the extent that it may affect Associate's permitted use or disclosure of
PHI, CE shall notify Associate of any restriction on the use or disclosure of Protected
Information that CE has agreed to in accordance with 45 C.F.R. Section 164.522.
4. Termination.
a. Material Breach. In addition to any other provisions in the Contract regarding
breach,a breach by Associate of any provision of this Addendum, as determined by CE, shall
constitute a material breach of this Contract and shall provide grounds for immediate termination
of this Contract by CE pursuant to the provisions of the Contract covering termination for cause,
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if any. If the Contract contains no express provisions regarding termination for cause,the
following terms and conditions shall apply:
(1) Default. If Associate refuses or fails to timely perform any of the
provisions of this Contract, CE may notify Associate in writing of the non-performance, and if
not promptly corrected within the time specified, CE may terminate this Contract. Associate
shall continue performance of this Contract to the extent it is not terminated and shall be liable
for excess costs incurred in procuring similar goods or services elsewhere.
(2) Associate's Duties. Notwithstanding termination of this Contract,and
subject to any directions from CE, Associate shall take timely,reasonable and necessary action
to protect and preserve property in the possession of Associate in which CE has an interest.
(3) Compensation. Payment for completed supplies delivered and accepted
by CE shall be at the Contract price. In the event of a material breach under paragraph 4a, CE
may withhold amounts due Associate as CE deems necessary to protect CE against loss from
third party claims of improper use or disclosure and to reimburse CE for the excess costs
incurred in procuring similar goods and services elsewhere.
(4) Erroneous Termination for Default. If after such termination it is
determined,for any reason,that Associate was not in default, or that Associate's action/inaction
was excusable, such termination shall be treated as a termination for convenience, and the rights
and obligations of the parties shall be the same as if this Contract had been terminated for
convenience, as described in this Contract.
b. Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or practice
of Associate that constitutes a material breach or violation of the Associate's obligations under
the provisions of this Addendum or another arrangement and does not terminate this Contract
pursuant to Section 4(a),then CE shall take reasonable steps to cure such breach or end such
violation.. If CE's efforts to cure such breach or end such violation are unsuccessful,CE shall
either(i)terminate the Contract, if feasible or(ii) if termination of this Contract is not feasible,
CE shall report Associate's breach or violation to the Secretary of the Department of Health and
Human Services. If Associate knows of a pattern of activity or practice of a Subcontractor or
agent that constitutes a material breach or violation of the Subcontractor's or agent's obligations
under the written agreement between Associate and the Subcontractor or agent, Associate shall
take reasonable steps to cure such breach or end such violation, if feasible.
c. Judicial or Administrative Proceedings. Either party may terminate the
Contract, effective immediately, if(i)the other party is named as a defendant in a criminal
proceeding for a violation of the HIPAA Rules or other security or privacy laws or(ii)a finding
or stipulation that the other party has violated any standard or requirement of the HIPAA Rules
or other security or privacy laws is made in any administrative or civil proceeding in which the
party has been joined.
d. Effect of Termination.
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(1) Except as provided in paragraph (2)of this subsection, upon termination
of this Contract, for any reason, Associate shall return or destroy all Protected Information that
Associate or its agents or Subcontractors still maintain in any form,and shall retain no copies of
such Protected Information. If Associate elects to destroy the PHI, Associate shall certify in
writing to CE that such PHI has been destroyed.
(2) If Associate believes that returning or destroying the Protected
Information is not feasible,Associate shall promptly provide CE notice of the conditions making
return or destruction infeasible. Associate shall continue to extend the protections of Sections
2(a),2(b),2(c), 2(d)and 2(e)of this Addendum to such Protected Information, and shall limit
further use of such PHI to those purposes that make the return or destruction of such PHI
infeasible.
5. Injunctive Relief. CE shall have the right to injunctive and other equitable and legal
relief against Associate or any of its Subcontractors or agents in the event of any use or
disclosure of Protected Information in violation of this Contract or applicable law.
6. Limitation of Liability. Any limitation of Associate's liability in the Contract shall be
inapplicable to the terms and conditions of this Addendum.
7. Disclaimer. CE makes no warranty or representation that compliance by Associate with
this Contractor the HIPAA Rules will be adequate or satisfactory for Associate's own purposes.
Associate is solely responsible for all decisions made by Associate regarding the safeguarding of
PHI.
8. Certification. To the extent that CE determines an examination is necessary in order to
comply with CE's legal obligations pursuant to the HIPAA Rules relating to certification of its
security practices, CE or its authorized agents or contractors, may, at CE's expense,examine
Associate's facilities, systems,procedures and records as may be necessary for such agents or
contractors to certify to CE the extent to which Associate's security safeguards comply with the
HIPAA Rules or this Addendum.
9. Amendment.
a. Amendment to Comply with Law. The parties acknowledge that state and federal
laws relating to data security and privacy are rapidly evolving and that amendment of this
Addendum may be required to provide for procedures to ensure compliance with such
developments. The parties specifically agree to take such action as is necessary to implement the
standards and requirements of the HIPAA Rules and other applicable laws relating to the
confidentiality, integrity, availability and security of PHI. The parties understand and agree that
CE must receive satisfactory written assurance from Associate that Associate will adequately
safeguard all Protected Information and that it is Associate's responsibility to receive satisfactory
written assurances from Associate's Subcontractors and agents. Upon the request of either party,
the other party agrees to promptly enter into negotiations concerning the terms of an amendment
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to this Addendum embodying written assurances consistent with the standards and requirements
of the HIPAA Rules or other applicable laws. CE may terminate this Contract upon thirty(30)
days written notice in the event(i)Associate does not promptly enter into negotiations to amend
this Contract when requested by CE pursuant to this Section,or(ii) Associate does not enter into
an amendment to this Contract providing assurances regarding the safeguarding of PHI that CE,
in its sole discretion,deems sufficient to satisfy the standards and requirements of the HIPAA
Rules.
b. Amendment of Attachment A. Attachment A may be modified or amended by
mutual agreement of the parties in writing from time to time without formal amendment of this
Addendum.
10. Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and
any Subcontractors, employees or agents assisting Associate in the performance of its obligations
under the Contract,available to CE, at no cost to CE up to a maximum of 30 hours,to testify as
witnesses, or otherwise, in the event of litigation or administrative proceedings being
commenced against CE, its directors,officers or employees based upon a claimed violation of
the HIPAA Rules or other laws relating to security and privacy or PHI,except where Associate
or its Subcontractor,employee or agent is a named adverse party.
11. No Third Party Beneficiaries. Nothing express or implied in this Contract is intended to
confer,nor shall anything herein confer, upon any person other than CE, Associate and their
respective successors or assigns,any rights, remedies,obligations or liabilities whatsoever.
12. Interpretation and Order of Precedence. The provisions of this Addendum shall prevail
over any provisions in the Contract that may conflict or appear inconsistent with any provision in
this Addendum. Together,the Contract and this Addendum shall be interpreted as broadly as
necessary to implement and comply with the HIPAA Rules. The parties agree that any
ambiguity in this Contract shall be resolved in favor of a meaning that complies and is consistent
with the HIPAA Rules. This Contract supercedes and replaces any previous separately executed
HIPAA addendum between the parties.
13. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary,
Associate's obligations under Section 4(d)("Effect of Termination") and Section 12 ("No Third
Party Beneficiaries")shall survive termination of this Contract and shall be enforceable by CE as
provided herein in the event of such failure to perform or comply by the Associate. This
Addendum shall remain in effect during the term of the Contract including any extensions.
14. Representatives and Notice.
a. Representatives. For the purpose of the Contract,the individuals identified
elsewhere in this Contract shall be the representatives of the respective parties. If no
representatives are identified in the Contract,the individuals listed below are hereby designated
as the parties' respective representatives for purposes of this Contract. Either party may from
time to time designate in writing new or substitute representatives.
Page 8 of 11
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev.May 2013
b. Notices . All required notices shall be in writing and shall be hand delivered or given by
certified or registered mail to the representatives at the addresses set forth below.
Covered Entity Representative:
Name : Roman Krafczyk
Title : President & CEO
Organization : Easter Seals Colorado
Address : 393 S Harlan Street Suite 250, Lakewood, CO 80226
Signature :
f
,")
(/'�7
nN�N n�
Date : 1 ?4*w•
Associate Representative:
Name : Barbara Kirkmeyer
Title : Chair
Organization : Board of Weld County Commissioners
Address : 1150 " 0 " Street Greeley , CO 80632
Signature : , �`
Date : 0 T 2 2019
Page 9 of 11
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev. May 201. 3
ATTACHMENT A
This Attachment sets forth additional terms to the HIPAA Business Associate
Addendum,which is part of the Contract dated , between
and , contract number
("Contract") and is effective as of (the"Attachment Effective
Date"). This Attachment may be amended from time to time as provided in Section 10(b)of the
Addendum.
1. Additional Permitted Uses. In addition to those purposes set forth in Section 2(a)of the
Addendum, Associate may use Protected Information as follows:
2. Additional Permitted Disclosures. In addition to those purposes set forth in Section 2(b)
of the Addendum, Associate may disclose Protected Information as follows:
3. Subcontractors). The parties acknowledge that the following subcontractors or agents of
Associate shall receive Protected Information in the course of assisting Associate in the
performance of its obligations under this Contract:
4. Receipt. Associate's receipt of Protected Information pursuant to this Contract shall be
deemed to occur as follows, and Associate's obligations under the Addendum shall commence
with respect to such PHI upon such receipt:
5. Additional Restrictions on Use of Data. CE is a Business Associate of certain other
Covered Entities and, pursuant to such obligations of CE, Associate shall comply with the
following restrictions on the use and disclosure of Protected Information:
Page 10 of 11
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev.May 2013
6. Additional Terms. [This section may include specifications for disclosure format,
method of transmission, use of an intermediary, use of digital signatures or PKI, authentication,
additional security of privacy specifications, de-identification or re-identification of data and
other additional terms.]
Page I 1 of I 1
Colorado Model BA Provision and
Addendum For New or Amended Contracts
Rev.May 2013
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID* ❑New Entity?
EASTER SEALS COLORADO @00041195
Contract Name* Contract ID Parent Contract ID
TCARE PILOT PROGRAM 3057
Contract Status Contract Lead* Requires Board Approval
CTB REVIEW CULLINTA YES
Contract Lead Email Department Project#
cullinta@co weld.co.us
Contract Description*
NON-FINANCIAL MOU WITH EASTER SEALS COLORADO FOR THE IMPLEMENTATION OF THE TAILORED CAREGIVER
ASSESSMENT AND REFERRAL(TCARE) PILOT PROGRAM.
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT HUMAN SERVICES Date* 08/10/2019
08/14/2019
Amount Department Email
50.07 CM- Will a work session with BOCC be required?*
HumanServices c@weldgov_com NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept. to be included?
CIA-HumanSer.ices-
Automatic Renewal DeptHead@weldgovcom
County Attorney
Grant GENERAL COUNTY
ATTORNEY EMAIL.
IGA County Attorney Email
CM-
COU NTYATTOR N EY@ WELD
GOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter USA Contract ID
Note: the Previous Contract Number and Master Services. Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date Review Date* Renewal Date
07/01/2020
Termination Notice Period Committed Delivery Date Expiration Date*
08/31/2020
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JUDY CI IECQ C I�IGL Y R N MCDOUGAL
DH Approved Date Finance Approved Date Legal Counsel curved Date
9/23x2 1 1 26001 09/30/2019
final Approval
8OCC Approved Tyler Ref
CC Signed Date
3CC Agenda Date
Originator
inator
APETZOLD
Submit
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