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HomeMy WebLinkAbout2006 S DSS - Renewal for Social Work Services Between Orange County Schools & Orange County DSS/°~i~',~/~/~ ~a STATE OF NORTH CAROLINA COUNTY OF ORANGE. AGREEMENT BETWEEN THE ORANGE COUNTY SCHOOL SYSTEM AND THE ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES THIS AGREEMENT, made and entered into this the 1st day of July 2006, by and between THE ORANGE COUNTY SCHOOL SYSTEM (hereinafter referred to as Orange County Schools, and ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, (hereinafter referred to as DSS). WITNESSETH: WHEREAS, the parties have agreed with each other that DSS wilt provide certain services for Orange County Schools; and WHEREAS, Orange County Schools have agreed to pay certain compensation for said service and the parties desire to execute this contract to delineate their understanding of this agreement; WHEREAS, DSS is authorized by the State Division of Medical Assistance to provide case management services to Medicaid eligible children at risk of abuse of neglect and is eligible for certain Medicaid reimbursement for the costs of providing this service; and WHEREAS, many of the children served by Orange County Schools are Medicaid eligible; and WHEREAS, Orange County Schools is committed to providing preventive social work services to its students; and NOW, THEREFORE, the parties hereby agree as follows: 1. DSS agrees to provide seven social work staff to provide services exclusively to referrals of the Orange County schools. 2. Orange County Schools agrees to reimburse DSS within 15 days of receipt of monthly billings for the county share of the salary, benefits, and all indirect costs (including travel) of the social work staff assigned to the Orange County Schools. 3. Other supportive services provided by DSS without additional charge to Orange County Schools include continuing program training of social workers, program supervision, verification of Medicaid eligibility, and Medicaid billing and reconciliation. 4. Other supportive services provided by Orange County Schools without charge to OCDSS include: office space, parking space, office equipment, clerical support, and telephone service. 5. Orange County Schools and DSS will work together to develop procedures for referral and service provision for students at the schools. 6. As employees of the County, the social workers shall be directly supervised by and accountable to OCDSS. Due to the nature of this agreement, a close working relationship between the two organizations is essential. To facilitate this relationship, Orange County Schools and DSS will establish liaisons to provide coordination and oversight. Assignment of work to the social workers and coordination of sick, vacation, and other leave will be the joint responsibility of the liaisons. 7. Orange County Schools shall participate in the interviewing and selection process utilized by DSS for the hiring of the social workers covered by this agreement, in accordance with Orange County policy and procedures. 8. Soth the DSS and Orange County Schools agree and understand that if at any time Orange County Schools determines that a social worker's performance or professional interactions are inadequate or inappropriate, Orange County Schools may request that OCDSS initiate appropriate action to correct that employee's deficiencies, or to dismiss that employee if indicated. Any disciplinary action shall be pursued in compliance with the Orange County Personnel ordinance and Orange County Schools shall provide sufficient documentation to support that action. 9. In accordance with the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, the Orange County Department of Social Services and the Orange County Schools enter into a Business Associate Agreement to ensure confidentiality, security, and the integrity of health information. The Agreement is attached. 10. This Agreement shall be effective from July 1, 2006 through June 30, 2007. 11. This Agreement shall be reviewed at least annually, prior to July 1st and may be terminated by either party upon 60 days wriften notice. This contract may be terminated within 30 days if sufficient funds are not available to pay the costs of the positions. 12. The Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed by its duly authorized officials. FOR AND ON BEHALF OF: ORANGE COUNTY, NORTH CAROLINA ~~~~ Director, range County DSS FOR AND ON BEHALF OF: ORANGE COUNTY SCHOOLS Superin end, Orange County Sch of Attest: 'I,~.-_. Clerk of the Oran a County Board of Commissioners Barry DATE: ~ ~" J -' O ~O ~~ D to Orange CotkLty Board o~ountylGommissioners BUSINESS ASSOCIATE AGREEMENT This Agreement is made effective the 1st of _July_, 2006 , by and between The Orange County Department of Social Services, hereinafter referred to as "Covered Entity", and Orange County Schools, hereinafter referred to as "Business Associate," (individually, a "Party" and collectively, the "Parties"). WITNESSETH: WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, known as "the Administrative Simplification provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information; and WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and Human Services has issued regulations modifying 45 CFR Parts 160 and 164 (the "HIPAA Security and Privacy Rule"); and WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby Business Associate will provide certain services to Covered Entity, and, pursuant to such arrangement, Business Associate may be considered a "business associate" of Covered Entity as defined in the HIPAA Security and Privacy Ruie (the agreement evidencing such arrangement is entitled Agreement Between Orange County School System and the Orange Count~School System dated Juty 1.2006 and is hereby referred to as the "Arrangement Agreement"); and WHEREAS, Business Associate may have access to Protected Health Information (as defined below) in fulfilling its responsibilities under such arrangement; THEREFORE, in consideration of the Parties' continuing obligations under the Arrangement Agreement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Security and Privacy Rule and to protect the interests of both Parties. I. DEFINITIONS Except as othenivise defined herein, terms used in this Agreement shall have the same meaning as those terms set forth in the HIPAA Security and Privacy Rule. CONFIDENTIALITY REQUIREMENTS (a) Business Associate shall: (i) use or disclose any protected health information solely as permitted or required by this Agreement, the Arrangement Agreement (if consistent with this Agreement and the H1PAA Security and Privacy Rule), or as required by law. (ii) ensure that its agents, including a subcontractor, to whom it provides protected health information received from or created by Business Associate on behalf of Covered Enttity, agrees to the same restrictions and conditions that apply to Business Associate with respect to such information. In addition, Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause Business Associate to breach the terms of this Agreement; (iii) implement appropriate safeguards to prevent use or disclosure of protected health information other than as permitted or required by this Agreement; (iv) permit the Secretary of Health and Human Services to audit Business Associate's records and practices related to use and disclosure of protected .health information to ensure Covered Entity's compliance with the terms of the HIPAA Security and Privacy Rule; (v) report to Covered Entity any use or disclosure of protected health information which is not in compliance with the terms of this Agreement of which it becomes aware; (vi) report to Covered Entity any Security Incident of which it becomes aware. For purposes of this Agreement, "Security Incident" means the attempted or successful unauthorized access, use disclosure, modification, or destruction of information or interference with system operations in an information system; and (vii) mitigate, to the extent practicable, any harmful effect that is known to Business Associate of muse or disclosure of protected health information by Business Associate in violation of the requirements of this Agreement. (b) Notwithstanding the prohibitions set forth in this Agreement or the Arrangement Agreement, Business Associate may use and disclose protected health information as follows: (i) if necessary, for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that as to any such disclosure, the following requirements are met: (A) the disclosure is required by law; or (B) Business Associate obtains reasonable assurances from the person to whom the information 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 the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; (ii) for data aggregation services, if such services are to be provided by Business Associate far the health care operations of Covered Entity pursuant to any agreements between the Parties evidencing their business relationship. AVAILABILITY OF PROTECTED HEALTH INFORMATION Business Associate shall: (a) at the request of Covered Entity, provide access to protected health information in a designated record set to Covered Entity or, as directed by Covered Entity, to an individual, in a time and manner sufficient to permit Covered Entity to comply with the requirements of 45 CFR 164.524. (b) at the request of Covered Entity or an individual, make any amendment(s) to protected health information in a designated record set that are directed by or agreed to by Covered Entity, in a time and manner sufficient to permit Covered Entity to comply with the requirements of 45 CFR 164.526. (c) document disclosures of protected health information and information related to such disclosures in a manner sufficient to permit Covered Entity to respond to a request by an individual for 2 an accounting of disclosures of protected health information in accordance with 45 CFR 164.528 and provide such documentation to Covered Entity or an individual as directed by Covered Entity. IV. TERMINATION (a) Term: This Agreement terminates when the Arrangement Agreement terminates or as provided in Paragraph IV.b. below (termination for cause). (b) Termination for cause: Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (i) provide an opportunity for Business Associate to cure the breach or end the violation or, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity, terminate this Agreement and the Arrangement Agreement; or (ii) immediately terminate this Agreement and the Arrangement Agreement if Business Associate has breached a material term of this Agreement and cure is not possible. (c) Return or destruction of protected health information: At termination of this Agreement, the Arrangement Agreement (or any similar documentation of the business relationship of the Parties), or upon request of Covered Entity, whichever occurs first, Business Associate shall: (i) if feasible, return or destroy all protected health information received from or created or received by Business Associate on behalf of Covered Entity that Business Associate still maintains in any form. Business Associate shall only destroy protected health information with the written approval of Covered Entity. After return or destruction, Business Associate shall retain no copies of such information. (ii) if return or destruction is not feasible, Business Associate will provide Covered Entity with documentation explaining the reason that it is not feasible. If the protected health information is not returned or destroyed, Business Associate will extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. (d) Survival: The obligations of Business Associate under this Agreement shall survive the expiration, termination, or cancellation of this Agreement, the Arrangement Agreement and/or the business relationship of the parties, and shall continue to bind Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein. V. MISCELLANEOUS (a) All protected health information that is created or received by Covered Entity and disclosed or made available in any form, including paper record, oral communication, audio recording, and electronic display by Covered Entity or its operating units to Business Associate or is created or received by Business Associate on Covered Entity's behalf shall be subject to this Agreement. (b) A reference in this Agreement to a section in the HIPAA Security and Privacy Rule means the section as in effect or as amended. 3 ~~ (c) In the event of an inconsistency between the provisions of this Agreement (including definitions) and mandatory provisions of the HIPAA Security -and Privacy Rule, as amended, the HIPAA Security and Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Security and Privacy Rule, but are nonetheless permitted by the HIPAA Security and Privacy Rule, the provisions of this Agreement shall control. (d) Except as expressly stated herein or the HIPAA Security and Privacy Rule, the parties to this Agreement do not intend to create any rights in any third parties. (e) This Agreement may be amended or modified only in a writing signed by the Parties. No Party may assign its respective rights and obligations under this Agreement without the prior written consent of the other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to create any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. (f) This Agreement will be governed by the laws of the State of North Carolina. (g} No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. (h) The parties agree that, in the event that any documentation of the arrangement pursuant to which Business Associate provides services to Covered Entity contains provisions relating to the use or disclosure of protected health information that are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control. (i) In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. (j) The headings in this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written above. COVERED ENTITY: Orange County DSS By: ~ Title: Dir or BUSINESS ASSOCIATE: Orange County Schools By: Title: erintendent 4