MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF BEHAVIORAL HEALTH SERVICES FOR LA PAZ COUNTY ADULT DETENTION FACILITY DETAINEES

Transcription

1 MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF BEHAVIORAL HEALTH SERVICES FOR LA PAZ COUNTY ADULT DETENTION FACILITY DETAINEES This memorandum of understanding (MOU) is made between La Paz County, a political subdivision of the State of Arizona, hereinafter referred to as County, and Cenpatico of Arizona, Inc., an Arizona Corporation d/b/a Cenpatico Integrated Care, hereinafter referred to as Cenpatico Integrated Care. RECITALS. WHEREAS, Cenpatico Integrated Care holds the Regional Behavioral Health Authority (RHBA) contract for La Paz County, as awarded by Arizona Dept. of Health Services effective October 1, 2015 (ADHS no /ADHS ), and is responsible there under for, among other things, providing behavioral health services to the general population in La Paz County effective October 1, 2015; and, WHEREAS, This MOU is intended to comply in part with the requirements of ADHS no /ADHS ; and WHEREAS, the La Paz County Sheriff is required by Arizona Revised Statues (A.R.S.) to take charge of and keep the county jail and the prisoners in the county jail; and, WHEREAS, the parties wish to establish procedures for effective collaboration in order to coordinate continuity of care for Cenpatico Integrated Care members who enter the County adult detention facility and subsequently receive their health services from the provider in detention until such time as they are released from the custody of the County Sheriff to the community; and, WHEREAS, each party is committed to the successful establishment of a collaborative effort which will increase the coordination and subsequent effectiveness of services, produce greater cost efficiencies, reduce the likelihood of decompensation while improving the potential for the detainee s successful reentry into the community from detention, and ultimately contribute to a reduction in recidivism; and WHEREAS, Cenpatico Integrated Care, a health care provider, is subject to the requirements of the Health Insurance Portability and Accountability Act; and WHEREAS, the parties wish to jointly establish systems of timely data exchange through which Cenpatico Integrated Care and County will use written, verbal and electronic transmission to communicate effectively the information necessary for coordination and continuity of care in conformance with all applicable orders of the Court and HIPAA requirements that permit the sharing of information at the time a detainee is booked into the adult detention facility and at the time a detainee is released from the facility. Page 1 of 7

2 NOW, THEREFORE, the parties agree as follows: I. PURPOSE. The parties agree to collaborate in a manner consistent with this MOU to achieve the following: A. To timely communicate with one another data necessary for coordination of behavioral health care for detainees in the County adult detention facility in conformance with all application administrative orders and (HIPAA) requirements that permit the sharing of written, verbal and electronic information; B. To utilize data sharing agreements and administrative orders that provide for the sharing of written, verbal and electronic information at the time of detainee admission into the adult detention facility and at the time of discharge. C. To assure systems and processes are designed for discussion of services and resources needed for detainees to safely transition into the community upon release from the County adult detention facility if those individuals are designated as seriously mentally ill (SMI) or have a history of mental health or substance use disorders and/or have one or more of the following complicated/high cost medical needs: skilled nursing facility level of care, continuous oxygen, invasive treatment for cancer, kidney dialysis, home health services (i.e., infusions, wound vacs), terminal hospice care, HIV positive, pregnant, insulin dependent diabetic, or seizure disorder. II. Cenpatico Integrated Care and County agree to: A. Create a coordinated system of care for individuals who are Cenpatico Integrated Care members and who are booked into the County adult detention facility. B. Improve coordination and continuity of care between treating providers for each party by assuring timely exchange of information. C. Assure that transmissions between the parties comply with minimal HIPAA requirements and includes at least the following data elements if available: individual s name (FN, MI, LN), alias name(s), date of birth, AHCCCS ID, social security number, gender, court ordered treatment status, public fiduciary/guardianship status, assigned behavioral health provider agency, assigned behavioral health provider s phone number, RBHA identified program (SMI, GMH, SA), acute health plan/american Indian Health Plan, Primary Care Physician s name, Primary Care Physician s Phone Number, Diagnoses (medical and psychiatric) and medications. D. Use the information provided by the other party under this MOU for the sole purpose of coordinating behavioral health and physical health services to detainees who have been incarcerated at the County adult detention facility. Page 2 of 7

3 E. Participate in discharge planning and to facilitate a safe and smooth transition for who are returning to the community based medical and behavioral health services system. F. Engage in collaborative meetings, joint projects and training which will ultimately serve to improve the likelihood of a detainee s successful reentry into the community from the adult detention facility, thus leading to reduced recidivism. G. Collaborate on strategies to maximize the use of specialty courts such as mental health court and drug courts. H. Jointly educate key personnel within each other s organization on critical aspects of each other s operation in order to more effectively access the system of care, and improve communication between organizations. I. At all times treat all information provided by the other party as confidential as required by state and federal law. J. Comply with the requirements of HIPPA and, if requested, sign any documents reasonably necessary to keep both parties in compliance with HIPPA, including but not limited to a Pledge to Protect Confidential information and to abide by the statements addressing the creation, use and disclosure of confidential information. K. Instruct and train its staff concerning the confidential nature of information provided by the other party and the prohibition against its disclosure. L. Cooperate with each other in good faith and on a professional basis. III. The County shall: A. Designate the principal contact person for this MOU as follows: La Paz County Sheriff s Office 1109 Arizona Ave. Parker, AZ Phone: (928) (928) Fax: (928) Attn: Lt. Richard Epps repps@lapazsheriff.org This contact information shall be kept updated in order to remain current throughout the term of this MOU. B. Notify the contact person designated by Cenpatico Integrated Care, as soon as practicable, upon determination of a need for coordination as set out in this MOU. Page 3 of 7

4 IV. Cenpatico Integrated Care shall: V. Term A. Designate the principal contact person for this MOU as follows: Vice President of Justice Services 333 E. Wetmore Road Tucson, AZ Phone: (520) This contact information shall be kept updated in order to remain current throughout the term of this MOU. B. Notify the contact person designated by County, as soon as practicable, upon determination of a need for coordination as set out in this MOU. This MOU shall become effective October 1, 2015, and, unless terminated pursuant to section VII below, will remain in effect so long as Cenpatico Integrated Care is contracted with the State of Arizona as the RBHA for La Paz County. VI. Agreement Amendment The parties to this MOU may amend, modify, or supplement this MOU in writing at any time by mutual consent. All other unaffected provisions set forth in this MOU shall remain in effect. VII. Termination Notwithstanding section V above, either party may terminate this MOU at any time, with thirty (30) days notice in writing, to the other party. Such notice shall be given by personal delivery or by registered or certified mail at the other party s official mailing address. VIII. Insurance The County agrees to maintain self-insurance liability coverage. Cenpatico agrees that it will maintain liability insurance coverage for all of its personnel, land, buildings, equipment and physical assets applicable to the function of this MOU during the time when this MOU is in force and utilized. IX. Indemnity Each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses. liability, costs, or expenses, including reasonable attorneys fees, arising out of bodily injury or death of any person, or any Page 4 of 7

5 property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are not caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees or volunteers in the performance of this MOU. X. Licensure Cenpatico agrees to maintain all current licenses and permits applicable to its functions under this MOU during the time when this MOU is in force and utilized. XI. Miscellaneous Provisions A. Assignment. This MOU is non-assignable in whole or in part by either party without the written consent of the other party. B. Authority of Signatory. Each individual executing this MOU on behalf of either party represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the County or Cenpatico Integrated Care. C. Cancellation. This MOU is subject to cancellation for conflict of interest without penalty or further obligation as provided by A.R.S D. Entire Agreement. This MOU and any attachments represent the entire agreement between the parties and supersede all prior negotiations, representations or agreements, whether express or implied, written or oral. E. Governing Law and Venue. The terms and conditions of this MOU shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in the Superior Court of La Paz County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for on account of the breach of any term or conditions of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys fees, necessary witness fees and court costs to be determined by the court in such action. F. Incorporation of Documents. All documents referred to in this MOU, including ADHS no /ADHS , are hereby incorporated by reference as if fully set forth. G. Incorporation of recitals and attachments. The recitals set forth at the beginning of this MOU and any attachments hereto are hereby incorporated by reference as if fully set forth. Page 5 of 7

6 H. No Third Party Beneficiaries. Only the parties may benefit from this MOU. The parties do not intend through this MOU to confer enforceable rights on any non-party and do not intend to create any third party beneficiaries to this MOU. I. Notices. Any notice or demand under this MOU from either party to the other shall be in writing and shall be deemed to have been given when the notice is delivered personally or deposited in a U.S. mailbox, in a stamped envelope addressed to the other party s official business address provided herein. Either party may at any time change such address by delivering or mailing, as aforesaid, to the other party a notice stating the change. J. Section Headings. Captions and section headings used herein are for convenience only, are not a part of this MOU, shall not be deemed to limit or alter any provisions hereof, and shall not be deemed relevant in construing this MOU. K. Severability. The provisions of this MOU shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions. L. Waiver of Terms and Conditions. The failure of either party to insist on any one or more instances of performance of any of the terms of conditions of this MOU or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. M. There are no financial responsibilities assigned by the MOU; the MOU is simply intended to allow Cenpatico Integrated Care and County to work together to better address the needs of the community. Neither party shall seek nor require compensation from the other for the costs of collaboration under this Agreement. N. To the extent applicable, the parties agree to comply with the provisions of A.R.S (e-verify). IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date and year specified below. LA PAZ COUNTY: _SIGNATURE ON FILE John Drum, La Paz County Sheriff DATED: SIGNATURE ON FILE Holly Irwin, Chairperson Board of Supervisors DATED: Page 6 of 7

7 ATTEST: SIGNATURE ON FILE Dan Field, Clerk of the Board APPROVED AS TO FORM: SIGNATURE ON FILE R. Glenn Buckelew, Deputy County Attorney CENPATICO OF ARIZONA, INC. d/b/a Cenpatico Integrated Care SIGNATURE ON FILE Terry Stevens President/CEO DATED: Page 7 of 7