Item C25 RDARD OF t T NTY COMMISSIONERS
AGENDA ITEM SUMMARY
'Meeting Date: il 9 0 14 Division:—Deputy County Administrator
Bulk Item: Yes X No Department: Social Services
Stall'Contact Person: Sheryl GEqham-L305 292-45 1 Q
7
AGENDA ITEV-1`� NNVORDING: Arvanval of Amendment #0003 to Horida Department of Children
and Families Standard Grant 'aL,Lreernent 4KIPZ(06. 1"mergenc-, Solutions Grant (ESG) between the State
of Florida. Depa-rinient of Chi id-en and Families and Monroe County Board of County Commissioners
(Social Services,In lion e Sen,ices).
�e]JCNT
ITEM BACKGROUND: Frner:�, Solutions Grant (ESG) is awarded through a competitive
process with the (Department of Children and Families. Nlonroe County is successfully administering
these homeless orevenl[ion rinds and additional funds have been made available. The Office of
Homelessness has determined that the grant agreement vith Monroe County will be increased by
$20.000.00.
PREVIOUS RIFII.EVANT flOCC ACTION: Prior approval granted by the BOCC on 91117/13 for
Amendment #(11(,,,)2 to ,he F-';;-,,rida Dcoartment of Children and Families Standard Grant Agreement
#KPZ06, Emeracncv Solutions Grant ff%),
CONTRACT/AGREEMENT CHANGES: increase in funding of$20.000.00 from previous
allocation of$l 11.608 to the rlwv, alloc-ation of$1)1.608.00. Revisions to Page 4, Standard Grant
Agreement. Sec,.!,,.=n '111. llaragn.:ph A. ';-u-ye 6. Attachment 1, Project Summary-, Page 45, Attachment V.
Request for Rei-rn.6-urseinent and Page 46, Attachment V1.
STAFF REC0',1M11..V!)AT:;f NS:
TOTAL COST: $13 i,608.00 BUDGETED: Yes X No
COST TO COUNTY: S1-J1'.-,.,08,OEM (rnatcil required) SOURCE OF FUNDS: Grant funds
$1-;,J,'00.(),,',1, cash n-latch -- $1 16 608,00 — in kind match
REVENUE PRf"DL'CING: v No AMOUNT PER: MONTH: YEAR:
r APPR -)urchasin(,� Risk Management'
OX,-ED 1j',a : Un- G. IB/I
DOCLJMEN'F--k'- !01-�X: ICIU1,4ed x Not ReClUired To Follow
DISPOSITION-,---1----- AGENDA ITEM 4
Rey ised 8 06
VIONROF UOUNTYBOARD OFCOUNTY COMMISSIONERS
CON' l-RAC"I' st i MMARY
Contract with: StML' of Honda. D�.-partnient of Contract: KP/06
Children and Families
F.'11ectike Date: 3/L/2 0 14
Expiration Date: 06/30/2014
Contract PUrpose'Dc,sc-ip-tion: A )proyal of Amendment 90003 to Honda Department of Children and Families
Standard Grant A(--een-ient #-KPZJ6. E!111e!'U3e11C% Solutions Grant {I SG) between the State of Florida., Department
of Children and U al Hikesand Mom-Oe COUnty Board of County Commissioners(Social Services/In Home
Services).
Contract Mana(-ler: mlerk Go-aham (305) Social Services!Stop I
2 92-4 5 10
tame} 't (Ext.) (Department/Stop 4)
For BOCC nreetimz on 3/1 91/'-Lu:4 Agenda Deadline: 3/4/2014
CONTRACT COSTS
Total Dollar Value of Contract: a-pprox, $131,608.00 Current Year Portion:
Budgeted? Yes X No Account Codes: 125 - 6155613
County in kind W h: $1 16,108Y)0
Additional Match:
$15.5WOO
Total Match $I-')I ADDITIONAL COSTS
Estimated Onaoln '-'ost,,: $ Nr For:
{Not HICILIded in(10(1ar e c L111,01VC) Maintenance,utilities.janitorial.salaries,etc)
CONTRACT REVIEW
Changes Date Out
fats N V, eded )Rexie e
f
/I Y�44
Division Directol, L
Risk lklanaaenlcnt
Yes do
J
O.M.13./PUSIC',-si 112
Yes N
V`—
CountN Ation Y-e S N(I;w
J.
----------
OMB Form Revis-1 17TT M('I-"#2
Grant Agreement =RPZ06 Amendment 40003
Date; 03/01/1-014
l Ilis .yMF-111,I)MI'M . entered into between the State of 1-lorida. Department of Children and
Families, hereinafter referred to as the '=Departnicist" and Monroe County. hereinafter referred to
as the "Recipient." arnends Grant Agreement 1 PZ06.
Amendment 40001, effective June 27, 2013, added funds to this grant agreement and
Amendment 40002, effective September 20, 2013, added Attachment VII.
1. Page 4, Standard Grant Agreement, Section 11, paragraph A. (1), is hereby amended to
read.
(1) The Department shall provide financial assistance to the Recipient in an amount not
to exceed S131,608.00, in accordance with the dcliverables indicated in the Recipient's Project
Summary, Attachment I. The State of Florida`s obligation to pay this amount is contingent
upon an annual appropriation by the Legislature and the availability of funds. The Department
shall reimburse the Recipient on the basis of monthly requests for payment submitted to the grant
manager using Attachment V. Request for Reimbursement. The Recipient shall provide
records to the Department evidencing that all funds provided by this agreement have been used
for the purposes, and in the amounts, described in the Recipient's proposed budget. The
Recipient shall vary from the Budget, Attachment VI, only with the prior written consent of the
Department which must be obtained in each separate instance. Upon change of representatives
(names, addresses, telephone numbers and e-mail addresses) by either party, notice shall be
provided in writing to the other party and the notification attached to the originals of this
agreement. The Recipient shall promptly return to the Department any overpayments due to
unearned funds, disallowed or ineligible expenditures. or accounting or record keeping errors.
The Recipient shall return such excess funds immediately upon discovery by it or its employees
or upon receiving written notice from the Department.
2. Page 6, Attachment I, Project Summary, dated 6/01/2013, is deleted in its entirety and
Revised Page 6, Revised Attachment I, Project Summary, dated 3/01/2014, is inserted in
lieu thereof and attached hereto.
3. Page 4S, Attachment V, Request for Reimbursement, dated 6/01/2013, is herebv deleted
in its entirety and Revised Page 45, Revised Attachment V, Request for
Reimbursement, dated 3/01/2014, is inserted in lieu thereof and attached hereto.
4. Page 46, Attachment N'I, Budget, dated 6/01/2013, is hereby deleted in its entirety and
Revised Page 46, Revised Attachment VI, Budget Form, dated 3/01/2014. is inserted in
lieu thereof and attached hereto.
Grant A(Treenient #KPZ06 Amendment #0003
Date: 03/01/2014
J-Ms antendi-nent shall he in on March 1. 2014, or the JrIT;' on v0nch the amendn-tent has been
si,-,ned bv bodh parties, 1 L
I is later. All prm isions Li-aut 1-',Ccnlent and any
anachnients thereto in contlict with this amendment shall be and are 'herch-v chanued to conform,
With this amcndnicnt.
i11 provisions not in conflict with this amendment are still in cpfect and are to be performed at
Clue spec;lficd in the ,�,rant ag-rcernent.
This amendment and all its attacl-iments are herebN- made a part of the j-'nit agreement.
IN WITNESS THEREOF, the parties hereto have caused this five (5) page amendment to be
executed bv their officials thereunto duly authorized.
PROVIDER: STATE OF FLORIDA
MONROE COUNTY. DEPARTMENT OF
CHILDREN AND FAMILIES
SIGNED SIGNED
BY: BY: --
NAME- rAir
ir yh' NAME: Gilda P. Ferradaz
TITLE- Ma,,or TITLE: Regional Managing Director
DATE: DATE:
FEDERAL ID NUMBER: 59-6000749
APPROVED AS TO FORINI
M AND LEGAL SUFFICIENCY
Rf-jEY
Date
kT-1,T A,- - Regional Legal Counsel
Date
Revised Attachment I
ProJect Summary
Grant # — ----- T KPZ06
----- --- ---------
Provider Monroe County (Social Services)
1100 Simonton Street
Key West, Florida 33040
Grant Period December 1, 2012 —June 30, 2014
Project Activities Assist with past due rental and or utility assistance
® Assist with short-term rental and/or utility assistance
Assist with other relocation costs such as security deposits
Case management and overall administrative oversight of the project, including
support of the Homeless Management Information System (HMS)
I
Project Outcome 70 households will be served
i
I Project Performance ! Reduce the number of households with children, both sheltered and
i
Measures unsheltered, in the Continuum of Care
• 50% of households served will remain in permanent housing six months after
I
the last assistance has been provided
Project Budget Rapid Re-Housing
Rental Assistance $ 1,000
Financial Assistance Costs $ 3,000
I
Services Costs $ -
Homeless Prevention
Rental Assistance $ 106,758
Financial Assistance Costs $ 6,750
Services Costs $ 8,600 j
HMIS $ 2,500
Administrative Costs $ 3,000
}
Total Budget $131,608
i
Project Match 100%j $131,608—can be cash or in-kind services, reported quarterly
Project Reporting a Monthly Activity Report to be submitted to contract manager with each invoice
• Quarterly Status Report due to contract manager and Office on Homelessness
by the 151" day following the end of the quarter ---
03/01/2014
Revised
06
`
REVISED ATTACHMENT
" REQUEST FOR REIMBURSEMENT
Agency� KACJNRC}EC(]UNTY
500VVhitehead Street
Key West, FL 33040
Grant Period: 12/01/2012 '6/30/2014
Reimbursement Period:
DESCRIPTION CONTRACT CURRENT YTD CONTRACT
FUNDING EXPENDITURES EXPENDITURES BALANCE
RAP|DRE'HOUS|NG
Rental Assistance 8 1.00000 8 1.00&00
Financial Assistance Costs $ 3.000 OU $ 3.000 OO
-
Services Costs $ $
HOMELESS PREVENTION
Rental Assistance $ 106.758.00 $ 106.758D0
Financial Assistance Costs $ 6.75000 $ 6.750.00
Services Costs $ 8.600-00 $ 8.600-00
HKA|S $ 2.500,00 $ 2.500-00
S -
ADMINISTRATIVE COSTS S 3.000,00 $ 3.000-00
TOTAL $ 131.60&00 $ 131.60&00
By signing below |certify m|sto be true and correct as reflected in our books and recorls
repaneuuv
3/n2U1*
Appmveguv
Revised 45
Revised Attachment VI
Emergency Solutions Grant
Budget Form
Prevention and Re-Housing
Elilgib'e Activity Current Amendment Total Grant
Funding #0003 Funds
1 , Rapid Re-Housing
A. Rental Assistance $ 1,000.00 $ $ 1 .000.00
B. Housing Relocation and
Stabilization
i, Financial Assistance Costs $ 3,000-00 $ $ 3,000,00
ii Services Costs $ - $ -
2. Homeless Prevention
A. Rental Assistance $ 91,258.00 $ 15,500,00 $106,758.00
B. Housing Relocation and
Stabilization
i. Financial Assistance Costs $ 6,750.00 $ - $ 6,750.00
ii Services Costs $ 5,600-00 $ 3,000-00 $ 8,600.00
3. HMIS
A. Cost of contributing data to HMIS
for Continuum of Care $ 1,500.00 $ 11000,00 $ 2,500-00
B. HMIS Lead Agency Costs for
hosting and maintaining system $ - $ - $ -
C. Victim Services provider costs for
comparable database $ - $ - $ -
4. Administrative Costs [Cap 2,5%]
A. Local government $ 2,500.00 $ 500.00 $ 3,000-00
B. Private non-profit organization N/A N/A N/A
TOTAL BUDGET $111 ,608,00 $20;000.00 $131 ,608.00
3 0" inn 14
R eV!s e rd
Rick Scott
- State of Florida avern r
4A,6�1 Department of Children and FamiliesEsther Jacobo
{ it feria Secretary
A f _
MEMORANDUM OF NEGOTIATION - KPZ06 I Monroe County
Emergency Shelter Grant(ES ) Grant Agreement
AMENDMENT#0003
1. Introduction
A. Participants: Sheryl Graham, Social Services Director
Theresa Phelan, DCF Contract Manager
inn Meeting Date: February 21 2014 g 4:00 PM
C. fvleeting Location: DCF Office, '111 12t Street, Key West, Florida 33040&via telephone
II. Procurpmont History
This ESG grant is awarded through a competitive process that began with Application Instructions
issued by the DCF Office on Homelessness. Applications were reviewed,scores collected and
averaged and then the final ranking was determined by the office on Homelessness. Agreements
are then managed at the regional level.
III. Narrative Summary of the Negotiations
Monroe County is successfully administering these homeless prevention funds, Additional funds
have l aen made :available and the OfPicP nn Homelessness has determined that the grant
agreement with Monroe County will be increased by $20,000 to S131,608. These additional funds
must be spent by June 30, 2014 and the match requirement will increase by the amount of the
additional funds, to $131,608, The provider Is indicating that an additional 14 households will be
served with these funds, bringing that total to 70 households.
Ill. Conclusion
This prevention grant will cover the period from December 1, 2012 through June 30, 2014. Total
grant binding is now,'Z111,60R and will he matched at 100%,
V1. Signatur I
Provider Signature Department Signature
Title; i2 1 i fi° i Title: Contract Manager
bate: Date:
z121�1 %
MiSsior,: Pr�ttCl the VUlm�rabie. Promote tlron,g anc i"conornic011y Gelf-SuFicient Pomi=as, and
Advance Persona!and Family Recovery and Resiliency
Grant Agreement KPZ06
Amendment # 0002
THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families,
hereinafter referred to as the "Department," and Monroe County. hereinafter referred to as the
"Recipient," amends Grant Agreement KPZ06.
Amendment #0001, effective June 27, 2013, added funds to the grant agreement.
The purpose of Amendment #0002 is to add a special provision incorporating into Grant Agreement
KPZ06 those provisions required by 45 CFR s,164,504(e) and thus adds Attachment VII to the grant
agreement. As a result. the Grant Agreement is amended, and Attachment V11 is therefore added to this
grant agreement.
1. Page 3, Standard Grant Agreement, Section 1, paragraph 0, Health Insurance Portability and
Accountability Act, is hereby amended to read:
0. Health Insurance Portability and Accountability Act
In compliance with 45 CFR s.164.504(e), the Recipient shall comply with the provisions of
Attachment V11, to this Grant Agreement, governing the safeguarding, use and disclosure of
Protected Health Information created, received, maintained, or transmitted by the Recipient or its
subcontractors incidental to Recipient's performance of this Grant Agreement, The provisions of
the foregoing Attachment supersede all other provisions of this grant agreement regarding
HIPAA compliance.
2. Page 5, Standard Grant Agreement, Section 11, Paragraph F, Modification, Amendment, and
Entirety of the Agreement, is hereby amended to read:
F. Modification, Amendment and Entirety of the Agreement
This agreement may only be modified or amended in writing with such modifications or
amendments duly signed by both parties. This agreement and its attachments, 1, 11, IlL IV, V, VI
and VII, and any referenced exhibits, together with any documents incorporated by reference,
constitute the entirety of the agreement. There are no other terms or conditions other than those
contained herein. This agreement supersedes all previous communication and representations
between the parties or their representatives,
3. Page 5, Standard Grant Agreement, above the signature block, amends the total number of
pages in the contract due to the addition of Attachment V11 as follows:
"IN WITNESS THEREOF, the parties have caused this fifty-one (51) page agreement to be executed
below."
4. Pages 47-51, Attachment VII, are hereby inserted and attached hereto.
This amendment shall begin on September 20, 2013 or the date on which the amendment has been
signed by both parties, whichever is later.
All provisions of the grant agreement and any attachments thereto in conflict with this amendment shall
be and are hereby changed to conform to this amendment,
KPZ06
Grant Agreement KPZ06
Amendment#0002
All provisions of the grant agreement not in conflict with this amendment are still in effect and are to be
performed at the level specified in the grant agreement.
This amendment is hereby made a part of the contract,
IN WITNESS THEREOF, the parties hereto have caused this seven {Z}_page amendment to be
executed by their officials'thereunto duly authorized,
PROVIDER: STATE OF FLORIDA
MONROE COUNTY DEPARTMENT OF CHILDREN AND
FAMILIES
SIGNED SIGNED
BY: BY:
NAME: George Neuaent NAME: Gilda P. Ferradaz
TITLE: Mavor TITLE: Interim Regional Mana-ging Director
DATE: CC DATE: 4,;
4. ID Number: 69-6000749
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Regional Legal Counsel Date
MON (,CjjNTY 7- NFY
0 V
Do- 01
KPZ06
ATTACHMENT VII
This Attachment contains the terms and conditions governing the Provider's access to and use
of Protected Health Information and provides the permissible uses and disclosures of protected
health information by the Provider, also called "Business Associate."
Section 1. Definitions
1.1 Catch-all definitions:
The following terms used in this Attachment shall have the same meaning as those
terms in the NIP AA Rules: Breach, Data Aggregation, Designated Record Set.
Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy
Practices, Protected Health Information, Required by Law, Security Incident,
Subcontractor. Unsecured Protected Health Information, and Use.
1.2 Specific definitions:
1,21 "Business Associate" shall generally have the same meaning as the term
"business associate" at 45 CFR 160.103, and for purposes of this Attachment
shall specifically refer to the Provider.
1.2.2 "Covered Entity" shall generally have the same meaning as the term "covered
entity" at 45 CFR 160.103, and for purposes of this Attachment shall refer to
the Department.
1.2.3. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and Part 164,
1.2,4. "Subcontractor" shall generally have the same meaning as the term
"subcontractor' at 45 CFR § 160.103 and is defined as an individual to whom a
business associate delegates a function , activity, service , other than in the
capacity of a member of the workforce of such business associate.
Section 2. Obligations and Activities of Business Associate
21 Business Associate agrees to:
2.1.1 Not use or disclose protected health information other than as permitted or
required by this Attachment or as required by law:
2.1,2 Use appropriate administrative safeguards as set forth at 45 CFR § 164.3081
physical safeguards as set forth at 45 CFR § 164.310, and technical
safeguards as set forth at 45 CFR § 164.312: including, policies and
procedures regarding the protection of PHI and/or ePHII set forth at 45 CFR §
164.316 and the provisions of training on such policies and procedures to
applicable employees, independent contractors, and volunteers, that
reasonably and appropriately protect the confidentiality, integrity, and
availability of the PHI and/or ePHI that the Provider creates, receives.
maintains or transmits on behalf of the Department"
Z 1,3 Acknowledge that (a) the foregoing safeguards, policies and procedures
requirements shall apply to the Business Associate in the same manner that
such requirements apply to the Department, and (b) the Business Associate's
and their Subcontractors are directly liable under the civil and criminal
47 KPZ06
enforcement provisions set forth at Section 13404 of the HITECH Act and
section 45 CFR § 164,500 and 164,502(E) of the Privacy Rule (42 U.S.0
1320d-5 and 1320d-6), as amended, for failure to comply with the safeguards,
policies and procedures requirements and any guidance issued by the
Secretary of Health and Human Services with respect to such requirements"
21.4 Report to covered entity any use or disclosure of protected health information
not provided for by this Attachment of which it becomes aware, including
breaches of unsecured protected health information as required at 45 CFR
164.410, and any security incident of which it becomes aware-,
21 5 Notify the Department's Security Officer, Privacy Officer and the Contract
Manager as soon as possible, but no later than five (5) business days following
the determination of any breach or potential breach of personal and confidential
departmental data;
Z 1.6 Notify the Privacy Officer and Contract Manager within (24) hours of notification
by the US Department of Health and Human Services of any investigations,
compliance reviews or inquiries by the US Department of Health and Human
Services concerning violations of HIP AA (Privacy, Security Breach).
Z 1.7 Provide any additional information requested by the Department for purposes
of investigating and responding to a breach;
Z 1.8 Provide at Business Associate's own cost notice to affected parties no later
than 45 days following the determination of any potential breach of personal or
confidential departmental data as provided in section 817.5681, F.S,;
21.9 Implement at Business Associate's own cost measures deemed appropriate by
the Department to avoid or mitigate potential injury to any person due to a
breach or potential breach of personal and confidential departmental data;
2.1.10 Take immediate steps to limit or avoid the recurrence of any security breach
and take any other action pertaining to such unauthorized access or disclosure
required by applicable federal and state laws and regulations regardless of any
actions taken by the Department ;
2.1.11 In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable,
ensure that any subcontractors that create, receive, maintain, or transmit
protected health information on behalf of the business associate agree to the
same restrictions, conditions, and requirements that apply to the business
associate with respect to such information. Business Associate's must attain
satisfactory assurance in the form of a written contract or other written
agreement with their business associate's or subcontractor's that meets the
applicable requirements of 164.504(e)(2) that the Business Associate or
Subcontractor will appropriately safeguard the information. For prior contracts
or other arrangements, the provider shall provide written certification that its
implementation complies with the terms of 45 CFR 164.532(d);
2.1.12 Make available protected health information in a designated record set to
covered entity as necessary to satisfy covered entity's obligations under 45
CFR 164.524;
2,1.13 Make any amendment(s) to protected health information in a designated record
set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526,
or take other measures as necessary to satisfy covered entity's obligations
under 45 CFR 164,526;
2,11,14 Maintain and make available the information required to provide an accounting
of disclosures to the covered entity as necessary to satisfy covered entity's
obligations under 45 CFR 164.528:
48 KPZ06
21,15 To the extent the business associate is to carry out one or more of covered
entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the
requirements of Subpart E that apply to the covered entity in the performance
of such obligation(s)' and
2116 Make its internal practices, books, and records available to the Secretary of the
U.S. Department of Health and Human Services for purposes of determining
compliance with the HIP AA Rules.
Section 3. Permitted Uses and Disclosures by Business Associate
3.1 The Business associate may only use or disclose protected health information covered
under this Attachment as listed below:
31.1 The Business Associate may use and disclose the Department's PHI and/or
ePHI received or created by Business Associate (or its agents and
subcontractors) in performing its obligations pursuant to this Attachment.
3.1.2 The Business Associate may use the Department's PHI and/or ePHI received
or created by Business Associate (or its agents and subcontractors) for archival
purposes.
3.1.3 The Business Associate may use PHI and/or ePHI created or received in its
capacity as a Business Associate of the Department for the proper
management and administration of the Business Associate, if such use is
necessary (a) for the proper management and administration of Business
Associate or (b) to carry out the legal responsibilities of Business Associate.
3.1.4 The Business Associate may disclose PHI and/or ePHI created or received in
its capacity as a Business Associate of the Department for the proper
management and administration of the Business Associate if (a) the disclosure
is required by law or (b) the Business Associate (1) obtains reasonable
assurances from the person to whom the PHI and/or ePHI is disclosed that it
will be held confidentially and used or further disclosed only as required by law
or for the purpose for which it was disclosed to the person and (2) the person
agrees to notify the Business Associate of any instances of which it becomes
aware in which the confidentiality and security of the PHI and/or ePHI has been
breached.
3.1.5 The Business Associate may aggregate the PHI and/or ePHI created or
received pursuant this Attachment with the PHI and/or ePHI of other covered
entities that Business Associate has in its possession through its capacity as a
Business Associate of such covered entities for the purpose of providing the
Department of Children and Families with data analyses relating to the health
care operations of the Department (as defined in 45 C.F.R. §164,501).
11.6 The Business Associate may de-identify any and all PHI and/or ePHI received
or created pursuant to this Attachment, provided that the de-identification
process conforms to the requirements of 45 CFR § 164.514(b),
3.1.7 Follow guidance in the HIPAA Rule regarding marketing, fundraising and
research located at Sections 45 CFR § 164.501. 45 CFR § 164.508 and 45
CFR § 164,514.
49 KPZ06
Section 4. Provisions for Covered Entity to Inform Business Associate of Privacy
Practices and Restrictions
4.1 Covered entity shall notify business associate of any limitation('s) in the notice of privacy
practices of covered entity under 45 CFR 164.520, to the extent that such limitation may
affect business associate's use or disclosure of protected health information,
4.2 Covered entity shall notify business associate of any changes in, or revocation of, the
permission by an individual to use or disclose his or her protected health information, to
the extent that such changes may affect business associate's use or disclosure of
protected health information.
4,3 Covered entity shall notify business associate of any restriction on the use or disclosure
of protected health information that covered entity has agreed to or is required to abide
by under 45 CFR 164,522, to the extent that such restriction may affect business
associate's use or disclosure of protected health information.
Section 5. Termination
51 Termination for Cause
5.1,1 Upon the Department's knowledge of a material breach by the Business
Associate, the Department shall either:
5.1.1.1 Provide an opportunity for the Business Associate to cure the breach
or end the violation and terminate the Agreement or discontinue
access to PHI if the Business Associate does not cure the breach or
end the violation within the time specified by the Department of
Children and Families;
5,1.1.2 Immediately terminate this Agreement or discontinue access to PHI if
the Business Associate has breached a material term of this
Attachment and does not end the violation; or
5.1.1.3 If neither termination nor cure is feasible, the Department shall report
the violation to the Secretary of the Department of Health and Human
Services.
5.2 Obligations of Business Associate Upon Termination
5.2.1 Upon termination of this Attachment for any reason, business associate, with
respect to protected health information received from covered entity, or
created, maintained, or received by business associate on behalf of covered
entity, shall:
5,2.1.1 Retain only that protected health information which is necessary for
Business Associate to continue its proper management and
administration or to carry out its legal responsibilities-,
5.2,1.2 Return to covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the remaining protected health information that the Business
Associate still maintains in any form;
5.2.1,3 Continue to use appropriate safeguards and comply with Subpart C of
45 CFR Part 164 with respect to electronic protected health
50 KPZ06
information to prevent use or disclosure of the protected health
information, other than as provided for in this Section, for as long as
Business Associate retains the protected health information"
5.2,1.4 Not use or disclose the protected health information retained by
Business Associate other than for the purposes for which such
protected health information was retained and subject to the same
conditions set out at paragraphs 3,1.3 and 3.1.4 above under
"Permitted Uses and Disclosures By Business Associate" which
applied prior to termination-, and
5.2-1.5 Return to covered entity, or other entity as specified by the
Department or, if permission is granted by the Department, destroy
the protected health information retained by business associate when
it is no longer needed by business associate for its proper
management and administration or to carry out its legal
responsibilities.
5.2,1.6 The obligations of business associate under this Section shall survive
the termination of this Attachment.
Section 6. Miscellaneous
61 A regulatory reference in this Attachment to a section in the HIP AA Rules means the
section as in effect or as amended.
6.2 The Parties agree to take such action as is necessary to amend this Attachment from
time to time as is necessary for compliance with the requirements of the HIP AA Rules
and any other applicable law.
6.3 Any ambiguity in this Attachment shall be interpreted to permit compliance with the
HIPAA Rules.
52 KPZ06