Loading...
Item K1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ...::;.: 'r . ' Meeting Date: 8/18/04 Division: Monro~ ~mlnty Hp~'th nppt Bulk Item: Yes .JL No Department: Administration AGENDA ITEM 'VORDING: Approval of an agreement between Monroe County Health Department and Monroe County ITEM BACKGROUND: An agreement between MCHD and Monroe County Social Services is needed in order to share medical information about clients who may be housed in the Special Needs Shelters. PREVIOUS RELEVANT BOCC ACTION: N/A CONTR~CT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: o BUDGETED: Yes No COST TO COUNTY: o SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMO~NTH_ Year_ APPROVED BY: County Atty _ OMBlPurchasing Risk Management_ DIVISION DIRECTOR APPROVAL: Mf) MPH DOCUMENTATION: Included ~ To Follow Not Required_ DISPOSITION: AGENDA ITEM #j -\ Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS~Y . " . Contract with: Monroe County Health Contract # Department Effective Date: 8/18/04 Expiration Date: Contract Purpose/Description: . and Monroe County Social Services is needed An agreement between MCHD in order to share medical information about clients who may be housed in toe Special Needs Shelters Contract Manager: Celeste Bruno Administration #2 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 8/18/04 Agenda Deadline: 8/3/04 CONTRACT COSTS Total Dollar Value of Contract: $ Q Cunent Year Portion: $ Budgeted? YesD No D Account Codes: Grant: $ County Match: $ - ADDITIONAL COSrs-- -- Estimated Ongoing Costs: $ ---Sl.!yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW County Attorney Changes Date Out D ate In Needed ~' ' Reviewer 'i /3/0f YesDNoD \---{I- . ~O ~{ YesDN00 ~~ , '(l, ~rYesDN0f5 ~~-,ttd ' YesD NoD please see attached signature Division Director Risk Management O.M.B./Purchasing Comments: OMS Form Revised 2/27/01 MCP #2 Business Associate A-greement :' ;, This Business Associate Agreement (this "B.A. Agreement), dated 2004 is entered into by and between Monroe County Health Department. with an address at 1100 Simonton Street. Key West. FL (the Business Associate) and Monroe County (the physician's business entity) with an address at 1100 Simonton Street. Key West. FL (the Covered Entity) (each a Party and collectively the Parties) The Parties provide for Health Services in Special Needs Shehers. Performance of service may involve Protected Health Information (as defined in 45 C.F.R 0 164.501) that is subject to the federal privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 ("IllP AA") and codified at 45 C.F.R parts 160 and 164 (the "privacy Rule"). The purpose of the B.A. Agreement is to allow for the Covered Entity's compliance with the Privacy Rule with respect to this Underlying Agreement. The Parties hereby agrees as follows: 1. Definitions (Required provisions) 1.1 Unless otherwise specified in this B.A. Agreement, all capitalized terms used in this B.A. Agreement not otherwise defined have the meaning established for the purposes of Title 45 parts 160 and 164 of the United States Code of Federal Regulations, as amended from time to time. 1.2 "Pill" shall mean Protected Health Information, as defined in 45 C.F.R 0 164.501, limited to the information received from or created or received on behalf of Covered Entity. 2. Responsibilities of Business Associate (Required provisions) 2.1 Except as otherwise specified herein, Business Associate may make any and all uses and disclosures of Pill necessary to perform obligations under the Underlying Agreement. With regard to its use and/ or disclosure of Pill, Business Associate agrees to: a) use and/or disclose Pill only as permitted or required by this B.A. Agreement or required by law; b) use appropriate safeguards to prevent use or disclosure of pm other than as permitted or required by this B.A. Agreement; c) report to Covered Entity any use or disclosure of Pill of which it becomes aware that is not permitted or required by this B.A. Agreement; 1 d) ,require all its subcont~.ctors and agents that create, receive, use, disclose or have access to PHI to agree, in writing, to the same restrictions and conditions on the use and/or disclosure of pm that apply to Business Associate; e) make available its internal practices, books, and records relating to the use and disclosure of Pill to the Secretary of the Department of Health and Human Services ("HHS") for the purposes of determining Covered Entity's compliance with the Privacy Rwe; t) within days (must be less than 60 days) of receiving a written request from Covered Entity, make available information necessary for Covered Entity to make an accounting of disclosures of Pill about and individual; and g) mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Pill by Business Associate in violation of the requirements of this B.A. Agreement. (Required: choose one as appropriate) 2.2 Option A: The Parties agree that the information in the Business Associates possession does not constitute a Designated Record Set. Option B: The Parties agree that the Pill in the Business Associate's possession constitutes a Designated Record Set. With regard to pm maintained in a Designated Record Set, Business Associate agrees to: a) within days (must be less than 30 days) of receiving a written request from Covered Entity, make available Pill necessary for Covered Entity to respond to individuals' request for access to Pill about them; and b) within days (must be less than 60 days) of receiving a written request from Covered Entity, incorporate any amendments or corrections to Pill in accordance with the Privacy Regulation. 3. Pennitted Uses and Disclosures of PHI (may be needed by BA in order to provide services to the physician's practice) 3.1 Unless otherwise limited herein, in addition to any other uses and/or disclosures permitted or required by this B.A. Agreement or required by law, Business Associate may: 2 a) use the PHI in its possessionJ<?r its proper inanagement and administration and to fulfill any legal responsibilities of Business Associate; b) disclose the PHI in its possession to a third party for the purpose of the Business Associate's proper management and administration or to fulfill any legal responsibilities of the Business Associate; provided, however, that the disclosures are required by law or the Business Associate has received form the third part written assurances that (i) the information 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 third party; and (ii) the third party will notify the Business Associate of any instances of which it becomes aware in which the confidentiality ofthe information has been breached; c) perform Data Aggregation for the Health Care Operations of the Covered Entity; d) de-identify any and all PHI created or received by the Business Associate under this B.A. Agreement; provided. however, that the de- identification conforms to the requirements of the Privacy Rule. Such resulting de-identified information would not be subject to the terms of the B.A. Agreement; and e) create a Limited Data Set and use such Limited Data Set pursuant to a Data Use Agreement that meets the requirements of the Privacy Rule. 4. Responsibilities of the Covered Entity (Important to comply with HIPAA) 4.1 With regard to the use and/or disclosure of PHI by the Business Associate, the Covered Entity agrees: a) to obtain any consent, authorization or permission that may be required by the Privacy Rule or applicable state laws and/or regulations prior to furnishing Business Associate the PHI pertaining to the individual; and 3 b) that it will inform Business Associate of anY' PHI that is subject to any arrangements permitted or required of the Covered Entity under the Privacy Rille that may materially impact in any manner the use and/or Disclosure of PHI by the Business Associate under this B.A. Agreement, including, but not limited to, restrictions on the use and/or disclosure of PHI as provided for in 45 C.F.R S 164.522 and agreed to by Covered Entity. 5. B.A. Agreement Effective Date 5.1 Each term and condition of this B.A. Agreement shall be effective on the compliance date applicable to the Covered Entity under the Privacy Rille (B.A. Effective Date). 6. Term and Termination (Required provisions) 6.1 Termination by the Covered Entity Upon Covered Entity's determination ofa breach ofa material term of this B.A. Agreement by the Business Associate, the Covered Entity shall provide the Business Associate written notice of that breach in sufficient detail to enable Business associate to understand the specific nature of that breach and afford Business Associate an opportunity to cure the breach; provided, however, that if Business Associate fails to cure the breach within a reasonable time specified by Covered Entity, Covered Entity may terminate this B.A. Agreement and the Underlying Agreement to the extent that the Underlying Agreement requires the Business Associate to create or receive PHI. 6.2 Effect of Termination or Expiration Within_days ofthe termination or expiration of this B.A. Agreement, the Business Associate agrees to return or destroy all PHI, including such information in possession of the Business Associate's subcontractors, iffeasible to do so. Ifreturn or destruction of said PHI is not feasible, the Business Associate agrees to extend any and all protections, limitations and restrictions contained in this B.A. Agreement to Business Associate's use and/or disclosure of any PHI retained after the termination or expiration of this B.A. Agreement, and to limit any further uses and/or disclosures to the purposes that make return or destruction of the PHI infeasible. This Section 6.2 shall survive any termination or expiration ofthis B.A. Agreement. 7. Miscellaneous (Important for legal purposes and clarity- These provisions and any additional requirements shoilld be discussed with your legal advisor) 7.1 Change in Law. The Parties agree to negotiate to amend this B.A. 4 Agreement as necessary to comply with any atnendment to any provision of HIPAA or its irnplementingregulations set forth at 45 C.F.R parts 160 and 164, including, but not limited to, The Privacy regulation, which materially alters either Parties or both Parties obligations under this B.A. Agreement. 7.2 Construction of Tenns. Th~ terms of this B.A. Agreement shall be construed in light of any applicable interpretation or guidance on HIP AA and/or Privacy Regulation issued by HHS or the Office of Civil Rights ("OCR") from time to time. 7.3 No Third Party Beneficiaries Nothing in this B.A. Agreement shall confer upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. 7.4 Contradictory Terms Any provision of the Underlying Agreement that is directly contradictory to one or more terms of this B.A. Agreement (~Contradictory Term") shall be superceded by the terms of this B.A. Agreement as of the Amendment Effective Date to the extent and only to the extent of the contradiction, only for the purpose of the Covered Entity's compliance with the Privacy Rule and only to the extent that it is reasonably impossible to comply with both the Contradictory term and the terms of this B.A. Agreement. IN WITNESS WHEREOF, each of the undersigned has caused this B.A. Agreement to be duly executed in its name and on its behalf effective as of 2004. COVERED ENTITY BUSINESS ASSOCIATE By: By: Print Name Print Name: Print Title: Print Title: Date: Date: LA IE rlUTTON _ .:"SSISIAr-;l >!jf4 ~TLN:'Y i7,"___J/ -'- 'j-?! -"..... 5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: AUI!. 18.2004 Division: BOCC Bulk Item: Yes No --X- Department: DISTRICT 5 AGENDA ITEM WORDING: Approval of a resolution recognizing the importance of the Latin-American Chamber of Commerce and of encouraging minority business. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Arty --X- OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included ~ C-.~ ~YE.NELSON X To Follow_Not Required_ DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM # t,.. \ Mayor Murray E. Nelson RESOLUTION NO. 2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY RECOGNIZING THE IMPORTANCE OF THE LATIN..AMERlCAN CHAMBER OF COMMERCE AND OF ENCOURAGING MINORITY BUSINESS WHEREAS, it is well known that small businesses form the financial backbone of the American economy; and WHEREAS, the Justice Department has grants available that could affect minority business; and WHEREAS, the Latin~American Chamber of Commerce could very well qualify for a grant or grants to stimulate Hispanic tourism in the Florida Keys; and WHEREAS, the Latin-American Chamber of Commerce is at the forefront of efforts to promote minority business; and WHEREAS, it is the policy of the Board of County Commissioners of Monroe County to encourage minority business; and WHEREAS, it is also the policy of the Board of County Commissioners to show solid support for local endeavors that promote minority business; now, therefore BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: kc~on 1: That it is and s.hall be the policy of the Board of County Commissioners to support with all its vigor any legislation which would affect minority business, and to foster and encourage in every way the efforts of minority business and of the Latin-American Chamber of Commerce to realize the benefits of free enterprise and the American way of life. Section 2: That the County Clerk is hereby directed to forward a certified copy of this Resolution to the Honorable Jeb Bush. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a meeting of said Board held on the day of . A.D., 2004. ' Mayor Murray E. Nelson Mayor Pro Tern David P. Rice Commissioner Dixie M. Spehar Commissioner George Neugent Commissioner Charles "Sonny" McCoy (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk B~ Mayor/Chairman