HomeMy WebLinkAbout2013-444 Housing - NC Housing Coalition Continuum of Care Participation Agreement $0 14ou s, ti 9
Revised:June 17,2013
NORTH CAROLINA
' HOUSING
C O A L I T I O N
EDUCATING andADVOCAnNG far CHANGE
NORTH CAROLINA HOUSING COALITION
AND THE
CAROLINA HOMELESS INFORMATION NETWORK
CONTINUUM OF CARE PARTICIPATION AGREEMENT
This Continuum of Care Participation Agreement(this"Agreement") is entered inio as of July 1, 2013
between the North Carolina Housing Coalition (collectively, "HMIS Lead Agency")and the CoC-
Chapel Hill/Orange County NC-513, a coalition of agencies within Orange County North Carolina
subject to the U.S. Department of Housing and Urban Development's Carolina Homeless
Management Information System ("HMIS") participation requirements, (collective y, "Participating
Continuum of Care") regarding access and use of the Carolina Homeless Information Network
("CHIN") HMIS by its member agencies. Orange County will serve as the"Lead Agency"for the
Participating Continuum of Care. The Participating Continuum of Care agrees that CHIN is the
continuum's HMIS. Further, the Participating Continuum of Care agrees that all agencies within the
continuum, that are subject to U.S. Department of Housing and Urban Development's HMIS
participation requirements, should use CHIN to help determine an unduplicated count of homeless
individuals and services delivered with the continuum.
1. INTRODUCTION
The CHIN HMIS is a client information system that provides a standardized assessment of client
needs, creates individualized service plans and records the use of housing and services. This shared
database allows authorized personnel from Participating Agencies within the Part cipating Continuum
of Care to share information about common clients.
Goals of the CHIN HMIS include:
1. Unduplicated count of homeless individuals in North Carolina,
2. Highest standards for data integrity,
3. Expediting client intake procedures,
4. Increasing case management and available administrative tools,
5. Improving referral accuracy, and
6. Creating a tool to follow demographic trends and service utilization patterns.
7.Accurate federal, state, and CoC reports
The Participating Continuum of Care can use CHIN data to determine the utilization of services of
Participating Agencies, identify gaps in the local service network and develop outcome
measurements.When used correctly and faithfully by all involved parties, the CHIN HMIS is designed
to benefit the community, social service agencies, and the consumers of social services, through a
more effective and efficient service delivery system.
The program is administered by the HMIS Lead Agency, which will serve as the I aison between the
Continuum of Care, agencies within the Participating Continuum of Care and Bowman Systems, Inc.,
the developer of the CHIN HMIS. The Lead Agency for the Participating Continuum of Care has and
assumes no responsibility for the performance of the Agencies within the Participating Continuum of
Care("Participating Agency")under this Agreement.
North Carolina Housing Coalition
Carolina Homeless Information Network Agency Participation Agreement
118 St.Mary's Street I Raleigh,NC 27605 (919)827-4500(W)1(919)881-0350(F)
II. HMIS LEAD AGENCY RESPONSIBILITIES TO PARTICIPATING AGENCIES WITHIN THE
CONTINUUM OF CARE
1. HMIS Lead Agency will provide the Participating Agency 24-hour access to the CHIN HMIS data-
gathering system, via Internet connection, subject to force majeure and routine maintenance
procedures.
2. HMIS Lead Agency will provide HMIS Privacy Notices, Client Release of Information, client
intake, and other forms for use, in conjunction with Participating Agency forms, in local
implementation of the CHIN HMIS functions.
3. HMIS Lead Agency will provide both initial training and periodic updates to that training for core
staff of the Participating Agency regarding the use of the CHIN HMIS, with the expectation that the
Participating Agency will take responsibility for conveying this information to all Participating Agency
staff using the system.
4. HMIS Lead Agency will provide basic user support and technical assistance(i.e., general trouble-
shooting and assistance with standard report generation)as described in CHIN's policies and
procedures, which may be amended from time to time as needed ("Policies and Procedures").
5. HMIS Lead Agency will not make public reports on client data that identify specific persons,
without prior agency(and where necessary, client) permission. Public reports otherwise published
will be limited to presentation of aggregated data within the CHIN HMIS.
6. HMIS Lead Agency's publication practices will be governed by policies established by the CHIN
Steering Committee or relevant committees thereof for statewide analysis and will include qualifiers
necessary to clarify the meaning of published findings.
III. PRIVACY AND CONFIDENTIALITY
A. Protection of Client Privacy
1. The Participating Continuum of Care will assist CHIN in monitoring agency usage within the
continuum and to comply with applicable federal and state laws regarding protection of client privacy.
2. The Participating Continuum of Care will assist CHIN in monitoring agencies within the continuum
to comply specifically with the requirements set forth in the Homeless Management Information
Systems (HMIS); Data and Technical Standards Final Notice, 69 Fed. Reg. 45,90:3 (July 30, 2004)
and related regulations promulgated by the U.S. Department of Housing and Urban Development
("HUD")with respect to Homeless Management Information Systems, specifically the March 2010
Homeless Management Information System (HMIS) Data Standards.
3. The Participating Continuum of Care will assist CHIN in monitoring agencies within the continuum
comply specifically with Federal confidentiality regulations as contained in the Code of Federal
Regulations, 42 CFR Part 2, regarding disclosure of alcohol and/or drug abuse records.
4. The Participating Continuum of Care will assist CHIN in monitoring agencies within the continuum
comply specifically with the Health Insurance Portability and Accountability Act of 1996, 45 C.F.R.,
Parts 160 & 164, and corresponding regulations established by the U.S. Department of Health and
Human Services, as applicable.
5. The Participating Continuum of Care will assist CHIN in monitoring agencies within the continuum
comply with all Policies and Procedures pertaining to protection of client privacy.
B. Client Confidentiality
1. The Participating Continuum of Care will assist CHIN to encourage Participating Agencies within
the continuum to provide written and/or verbal explanation of the CHIN HMIS and to arrange for a
qualified interpreter/translator in the event that an individual is not literate in English or has difficulty
understanding the Privacy Notice or associated consent form(s), as applicable.
2. The Participating Continuum of Care will assist CHIN to monitor that Participating Agencies within
the continuum do not solicit or enter information from clients into the CHIN HMIS unless it is essential
to provide services or conduct evaluation or research.
3. The Participating Continuum of Care will assist CHIN to monitor that Participating Agencies within
the continuum not to divulge any confidential information received from the CHIN HMIS to any
organization or individual without proper written consent by the client, unless otherwise permitted by
applicable regulations or laws.
4. The Participating Continuum of Care will assist CHIN to monitor that Participating Agencies within
the continuum to ensure that all persons who are issued a User Identification and Password to the
CHIN HMIS enter into a User Agreement in a form approved by the HMIS Lead Agency, and that all
such persons abide by this Agreement and the Policies and Procedures, including all associated
confidentiality provisions.The Participating Agency will be responsible for oversight of its own related
confidentiality requirements.
5. The Participating Continuum of Care will assist CHIN to monitor that Participating Agencies within
the continuum make certain that all persons issued a User ID and Password will complete a formal
instruction on privacy and confidentiality and demonstrate mastery of that information, prior to
activation of their User License.
6. The Participating Continuum of Care acknowledges that ensuring the confidentiality, security and
privacy of any information downloaded from the system by the Participating Agency is strictly the
responsibility of the Participating Agency.
C. Inter-Agency Sharing of Information
1. The Participating Continuum of Care acknowledges that all forms provided by HMIS Lead Agency
regarding client privacy and confidentiality are shared with the Participating Agency as the baseline
forms. The forms may be modified to indicate the more stringent HMIS sharing restrictions of the
Participating Agency. The modified forms must receive approval from HMIS Lead Agency before
being used. The Participating Agency will review and revise (as necessary)all forms provided by the
HMIS Lead Agency to assure that they are in compliance with the laws, rules and regulations that
govern its organization.
2. The Participating Continuum of Care and Participating Agencies within the continuum agree to
develop a plan for all routine sharing practices with partnering agencies. CHIN recommends that
Participating Agencies document that plan through a fully executed[Qualified Service Organization
Business Associate Agreement, hereafter known as QSOBA(s)].
3. The Participating Continuum of Care and Participating Agencies within the continuum
acknowledge that informed client consent is required before any basic identifying client information is
shared with other agencies in CHIN.The Participating Agency will document client consent on a
CHIN Client Release of Information Form acceptable to the HMIS Lead Agency.
4. If the client has given approval through a completed consent form, the Participating Agency may
elect to share information according to QSOBA(s), or other document(s)that complies with applicable
laws, rules and regulations, that the Participating Agency has negotiated with other partnering
agencies in CHIN.
5. The Participating Agency will obtain a separate release from clients regarding release of
restricted information if the Participating Agency intends to share restricted client data within the
CHIN HMIS. Sharing of restricted information must also be planned and documented through a
QSOBA, or other document(s)that complies with applicable laws, rules and regulations.
6. Agencies with whom information is shared are each responsible for obtaining appropriate
consent(s) before allowing further sharing of client records.
7. The Participating Continuum of Care acknowledges that the Participating Agency, itself, bears
primary responsibility for oversight for all sharing of data it has collected via the CHIN HMIS.
8. The Participating Agency agrees to place all client consent and authorization forms related to the
CHIN HMIS in a file to be located at the Participating Agency's business address and that such forms
will be made available to the HMIS Lead Agency for periodic audits.The Participating Agency will
retain these CHIN-related client consent and authorization forms for a period of 7 years, after which
time the forms will be discarded in a manner that ensures client confidentiality is rot compromised.
9. The Participating Agency acknowledges that clients who choose not to authorize sharing of
information cannot be denied services for which they would otherwise be eligible.
D. Custody of Data
1. The Participating Agency acknowledges, the Continuum of Care, and HMIS Lead Agency agrees,
that the Participating Agency retains ownership over all information it enters into CHIN.
2. In the event that the CHIN HMIS ceases to exist, Participating Agencies will be notified and
provided reasonable time to access and save client data on those served by the Participating Agency,
as well as statistical and frequency data from the entire system.Thereafter, the in-ormation collected
by the centralized server will be purged or appropriately stored.
3. In the event that HMIS Lead Agency ceases to exist, the custodianship of the data within the
CHIN HMIS will be transferred to another organization for continuing administration and all CHIN
Participating Agencies will be informed in a timely manner.
IV. DATA ENTRY AND REGULAR USE OF THE CHIN HMIS
1. The Participating Continuum of Care upholds that the Participating Agency will not permit User
ID's and Passwords to be shared among users.
2. The Participating Continuum of Care upholds that if a client has previously given the Participating
Agency permission to share information with multiple agencies and then chooses to revoke that
permission with regard to one or more of these agencies, the Participating Agency will contact its
partner agency/agencies and explain that, at the client's request, portions of that client record will no
longer be shared. The Participating Agency may request that CHIN designate a client's record as
"Inactive"and remove it from system-wide view or revoke existing Client Consent Form for that
Participating Agency.
3. The Participating Continuum of Care upholds that if the Participating Agency receives information
that necessitates a client's information be entirely removed from CHIN, the Participating Agency will
work with the client to complete a form provided by HMIS Lead Agency with respect to the deletion of
the record, which will be sent to HMIS Lead Agency for de-activation of the client record.
4. The Participating Continuum of Care agrees that the Participating Agency wil enter all minimum
required universal data elements as defined for all persons who are participating in services funded
by HUD Supportive Housing Program, Shelter+ Care Program, or HUD Emergency Shelter Grant
Program as permitted by the client using the CHIN Client Release of Information firm.
5. The Participating Continuum of Care agrees that the Participating Agency will enter data in a
consistent manner, and will strive for real-time, or close to real-time, data entry.
6. The Participating Continuum of Care agrees that the Participating Agency will routinely review
records it has entered in the CHIN HMIS for completeness and data accuracy in accordance with the
Policies and Procedures.
7. The Participating Continuum of Care agrees that the Participating Agency will not knowingly enter
inaccurate information into the CHIN HMIS.
8. The Participating Continuum of Care agrees that the Participating Agency will utilize CHIN for
business purposes only.
9. The Participating Continuum of Care agrees that the Participating Agency will keep updated virus
protection software on Agency computers that accesses CHIN.
10. The Participating Continuum of Care agrees that the transmission of material in violation of any
United States Federal or state regulations is prohibited.
11. The Participating Agency will not use the CHIN HMIS with intent to defraud the Federal, State, or
local government, or an individual entity, or to conduct any illegal activity.
12. The Participating Agency will incorporate procedures for responding to client concerns regarding
use of CHIN into its existing grievance policy.
13. The Participating Continuum of Care agrees that the notwithstanding any other provision of this
Agreement, the Participating Agency agrees to abide by all Policies and Procedures.
V. PUBLICATION OF REPORTS
1. The Continuum of Care and Participating Agencies within the continuum agrees that it may only
release aggregated information generated by the CHIN HMIS that is specific to its own services.
2. The Continuum of Care and Participating Agencies within the continuum acknowledges that the
release of aggregated information will be governed through the Policies and Procedures.
VI. DATABASE INTEGRITY
1. The Participating Continuum of Care agrees that the Participating Agency should not share
assigned User ID's and Passwords to access CHIN with any other organization, governmental entity,
business, or individual.
2. The Participating Continuum of Care agrees that the Participating Agency should not intentionally
cause corruption of the network, software, or data in any manner. Any unauthorized access or
unauthorized modification to computer system information, or interference with normal system
operations, will result in immediate suspension of services, and, where appropriate, legal action
against the offending entities.
VII. HOLD HARMLESS
1. The HMIS Lead Agency makes no warranties, expressed or implied. Except to the extent arising
from the gross negligence or willful misconduct of the HMIS Lead Agency, the Participating Agency,
and Continuum of Care at all times, will indemnify and hold HMIS Lead Agency harmless from any
damages, liabilities, claims, and expenses that may be claimed against the Participating Agency; or
for injuries or damages to the Participating Agency or another party arising from participation in the
CHIN HMIS; or arising from any acts, omissions, neglect, or fault of the Continuum of Care and
Participating Agencies within the continuum or its agents, employees, licensees, or clients; or arising
from the Participating Agency's failure to comply with laws, statutes, ordinances, or regulations
applicable to it or the conduct of its business.
2. The Continuum of Care and the Participating Agencies within the continuum will also hold HMIS
Lead Agency harmless for loss or damage resulting in the loss of data due to delays, nondeliveries,
mis-deliveries, or service interruption caused by Bowman Systems, Inc., by the Participating Agency's
or other Participating Agencies' negligence or errors or omissions, as well as natural disasters,
technological difficulties, and/or acts of God.
3. HMIS Lead Agency shall not be liable to the Participating Agency for damages, losses, or injuries
to the Participating Agency or another party other than if such is the result of gross negligence or
willful misconduct of HMIS Lead Agency. HMIS Lead Agency agrees to hold the Participating Agency
harmless from any damages, liabilities, claims or expenses to the extent caused by the gross
negligence or misconduct of HMIS Lead Agency.
4. The Participating Continuum of Care upholds that the Participating Agency should keep in force a
comprehensive general liability insurance policy with combined single limit coverage of not less than
five hundred thousand dollars ($500,000). Said insurance policy shall include coverage for theft or
damage of the Participating Agency's CHIN-related hardware and software, as well as coverage of
Participating Agency's indemnification obligations under this Agreement.
5. The HMIS Lead Agency, agrees to indemnify and hold harmless the Participating Continuum of
Care Lead Agency from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to this Agreement caused in whole or in part by the negligence or misconduct of the HMIS
Lead Agency or the Participating Agencies, except to the extent same are caused by the negligence
or willful misconduct of the Participating Continuum of Care Lead Agency. It is thE! intent of this
provision to require the HMIS Lead Agency to indemnify the Participating Continuum of Care Lead
Agency to the fullest extent permitted under North Carolina law.
6. Provisions of this Article VII shall survive any termination of the Agreement.
VIII. GENERAL TERMS AND CONDITIONS
1. The Participating Agency is prohibited from sharing any training materials, usE:r guides, and/or
videos made available for use for the duration of this agreement as it pertains to the use of the CHIN
HMIS to any third parties not bound by the same agreement hereunto.
2. The parties hereto agree that this Agreement will remain in effect for 12 months beginning upon
acceptance of this agreement by signature. This Agreement will automatically renew for successive
twelve(12) month periods unless canceled or modified within thirty(30)days of the end of the term.
Any modifications must be submitted in writing to the other party and agreed to by the other party.
3. The parties hereto agree that this Agreement is the complete and exclusive statement of the
agreement between parties and supersedes all prior proposals and understandings, oral and written,
relating to the subject matter of this Agreement.
4. The Continuum of Care and the Participating Agencies within their continuum shall not transfer or
assign any rights or obligations under the Agreement without the written consent of HMIS Lead
Agency.
5. This Agreement shall remain in force until revoked in writing by either party, with 30 days
advance written notice or until the end date noted in item VIII.6; provided, howeve,, that the HMIS
Lead Agency may immediately suspend Participating Agency's access to the CHIN HMIS in the event
that allegations or actual incidences arise regarding possible or actual breaches o,*this Agreement by
Participating Agency or any users for which Participating Agency is responsible hE!reunder until the
allegations are resolved in order to protect the integrity of the system.
6. This agreement may be modified or amended by written agreement executed by both parties.
7. HMIS Lead Agency may assign this Agreement upon written notice to the Participating Agency.
Please sign this agreement and return to NCHC at your earliest convenience. A signed
agreement must be on file in our office for compliance with HUD HIV IS requirements.
North Carolina Housing Coalition I Carolina Homeless Information Network
118 St. Mary's Street I Raleigh, NC 27605
Or FAX Signature Page to: (919)881-0350
BY SIGNING BELOW, THESE PARTIES HAVE ENTERED INTO A 2013-2014 CONTINUUM OF CARE
PARTICIPATION AGREEMENT:
HMIS LEAD AGENCY
NORTH CAROLINA HOUSING COALITION, a North Carolina non-profit corporation
Name: Satana Deberry
Title: EXECUTIVE DIRECTOR
PARTICIPATING CONTINUUM OF CARE LEAD AGENCY
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