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HomeMy WebLinkAboutAgenda - 05-20-2008-4oORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 20, 2008 Action Agen a Item No. ~O SUBJECT: Renewal of Contract with UNC Hospitals for DSS to Provide Medicaid Workers DEPARTMENT: Social Services PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Contract INFORMATION CONTACT: Nancy Coston, 245-2800 Yvette Smith, 245-2800 PURPOSE: To renew the contract for income maintenance staff at UNC Hospitals. BACKGROUND: The Department of Social Services has had a contract with UNC Hospitals continuously since 1977 to provide Social Services staff at the hospital. These staff members, income maintenance caseworkers, allow patients at the hospital to apply for Medicaid while at the hospital. The Social Services Board has reviewed this contract and recommends that it be continued with one full-time staff member and part-time supervision. FINANCIAL IMPACT: The hospital will reimburse the County for the non-federal share of these positions, so there are no County costs. This is estimated to be $55,562 during Fiscal Year 2008-2009. There is no change from last year in the contract amount. RECOMMENDATION(S): The Manager recommends that the Board accept the Social Services Board recommendation and approve the contract renewal with UNC Hospitals and authorize the Chair to sign the contract. a STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN THE UNIVERSITY OF NORTH CAROLINA HOSPITALS AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made and entered into this the day of 2008 by and between ORANGE COUNTY (hereinafter referred to as the COUNTY) and THE UNIVERSITY OF NORTH CAROLINA HOSPITALS, (hereinafter referred to as UNCH) Orange County, North Carolina. WITNESSETH: WHEREAS, the parties have agreed with each other that the County will provide certain services for The University of North Carolina Hospitals in connection with the Orange County Department of Social Services (hereinafter referred to as OCDSS), Medicaid Program; and WT-IEREAS, the UNCH has agreed to pay certain compensation for said service and the parties desire to execute this contract to delineate their understanding of this agreement; NOW, THEREFORE, the parties hereby agree as follows: 1. Orange County agrees to make available to UNCH the services of one full time Income Maintenance Caseworker and one part-time supervisor providing up to 15 hours of supervision a week. 2. UNCH agrees to reimburse the County within 15 days of receipt of monthly billings for the county share of the salary, benefits, and the indirect costs to which the parties have agreed are involved in maintaining one Social Services Income Maintenance Caseworker at UNCH. UNCH also agrees to reimburse the county for the costs of a part- time supervisor. The county share of these positions is approximately 50 percent. Salary and benefits for the Income Maintenance Caseworker and the supervisor include: base salary according to the Orange County pay plan; FICA taxes; local government retirement; vacation, sick, petty, or other leave under approved county plan; paid holidays as observed by county; county paid insurance (health, dental, and life). UNCH will also pay half of the administrative overhead and indirect costs associated with these positions. This includes all other supportive services provided by OCDSS or Orange County. The total cost of this contract is $55,562. 3. Other supportive services provided by OCDSS without additional charge to UNCH include continuing program training of the Income Maintenance Caseworker and consultation with other counties in the catchment area about applications for pre-and post-discharge patients. J 4. Other supportive services provided by UNCH without charge to OCDSS include: office space; parking space; office equipment; clerical support; and telephone service. 5. The Income Maintenance Caseworker shall receive all potential medical assistance applications originating at LJNCH. Specifically, the Income Maintenance Caseworker shall perform intake functions only, consisting of the following: conducting interviews that initiate an application; obtaining signatures; obtaining documentation available at the time of interview; and forwarding applications to the appropriate county for processing. 6. The Income Maintenance Caseworker shall be assisted by UNCH staff in obtaining information and documentation required to complete the application process. 7. The Social Services Income Maintenance Caseworker shall work cooperatively with UNCH staff and the staff of any Department of Social Services to make appropriate referrals of patients and family members with problems not related to eligibility determination. 8. As an employee of the County, the Income Maintenance Caseworker shall be directly supervised by and accountable to OCDSS. Due to the nature of this agreement and the working relationship with UNCH, it is necessary that close contact be kept with UNCH administration and certain members of the hospital medical staff. In recognition of this factor, UNCH will name a staff member to act as liaison between the OCDSS, the Income Maintenance Caseworker, the departments of LJNCH and other staff personnel. Assignment of work to the Income Maintenance Caseworker and coordination of sick, vacation, and other leave will be the joint responsibility of this I1NCH staff member and the OCDSS supervisor. 9. LJNCH shall participatern the interviewing and selection process utilized by OCDSS for the hiring of the Income Maintenance Caseworker covered by this agreement, in accordance with County policy and procedures. 10. Both the County and LTNCH agree and understand that if at any time UNCH determines that the Income Maintenance Caseworker's performance or professional interactions are inadequate or inappropriate, LJNCH 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 the State Personnel Act and LTNCH shall provide sufficient documentation to support any such action. 11. Both the County and LJNCH agree and understand the conditions outlined in the Business Associate Agreement. 12. This Agreement shall be effective from July 1, 2008 to June 30, 2009. 13. This Agreement shall be reviewed at least annually, prior to May 1st and may be terminated by either party upon 60 days written notice. 14. 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: FOR AND ON BEHALF OF: ORANGE COUNTY, NORTH CAROLINA THE UNIVERSITY OF NORTH CAROLINA HOSPITALS Chair, Orange County Board of Commissioners DATE: Attest: Clerk of the Orange County Board of Commissioners Executive Director, The University of North Carolina Hospitals DATE: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Officer Jc' Contract #68-1001 UNC Hospital STATE OF NORTH CAROLINA COUNTY OF ORANGE ATTACHMENT A THE UNIVERSITY OF NORTH CAROLINA HOSPITALS AND ORANGE COUNTY, NORTH CAROLINA BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July 2008, by and between Orange County ("Business Associate") and the University of North Carolina Hospitals ("Covered Entity") (collectively the "Parties"). 1. BACKGROUND a. Covered Entity and Business Associate are parties to a contract entitled #68-1001 (the "Contract"), whereby Business Associate agrees to perform certain services for or on behalf of Covered Entity. b. Covered Entity is an organizational unit of Orange County (the "County") that has been designated in whole or in part by the County as a health care component for purposes of the HIPAA Privacy Rule. c. The relationship between Covered Entity and Business Associate is such that the Parties believe Business Associate is or may be a "business associate" within the meaning of the HIPAA Privacy Rule. d. The Parties enter into this Business Associate Addendum to the Contract with the intention of complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected health information to a business associate, and may allow a business associate to create or receive protected heath information on its behalf, if the covered entity obtains satisfactory assurances that the business associate will appropriately safeguard the information. 2. DEFINITIONS Unless some other meaning is clearly indicated by the context, the following terms shall have the following meaning in this Agreement: a. "HIPAA" means the Administrative Simplification Provisions, Sections 261 through 264, of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191. b. "Individual" shall have the same meaning as the term "individual" in 45 CFR160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(8). c. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Contract #68-1001 IJNC Hospital d. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. e. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR 164.103. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning as those terms have in the Privacy Rule. 3. OBLIGATIONS OF BUSINESS ASSOCIATE a. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law. b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware. e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides ,Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected Health Information in a Designated Record Set to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526. h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, available to the Covered Entity, for purposes of determining Covered Entity's compliance with the Privacy Rule. i. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of 7 Contract #68-1001 UNC Hospital disclosures of Protected Health Information in accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an Individual to permit such a response. 4. PERMITTED USES AND DISCLOSURES a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the Contract permits, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Contract, provided that such use or disclosure: 1) would not violate the Privacy Rulerfdone by Covered Entity; or 2) would not violate the minimum necessary policies and procedures of the Covered Entity. b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information as necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that: 1) disclosures are Required By Law; or 2) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be 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 the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the Contract permits, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B). e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose Protected Health Information if the use or disclosure would violate any term of the Contract or other applicable law or agreements. 5. TERM AND TERMINATION a. Term. This Agreement shall be effective as of the effective date stated above and shall terminate when the Contract terminates. b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity may, at its option: 8 Contract #68-1001 L1NC Hospital l) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this Agreement and services provided by Business Associate, to the extent permissible by law, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; 2) Immediately terminate this Agreement and services provided by Business Associate, to the extent permissible by law; or 3) If neither termination nor cure is feasible, report the violation to the Secretary as provided in the Privacy Rule. c. Effect of Termination. 1) Except as provided in paragraph (2) of this section or in the Contract or by other applicable law or agreements, upon termination of this Agreement and services provided by Business Associate, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. 2) In the event that Business Associate determines that returning or destroying the Protected Health Information is not feasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction not feasible. Business Associate shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. 6. GENERAL TERMS AND CONDITIONS a. This Agreement amends and is part of the Contract. b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in force and shall apply to this Agreement as if set forth fully herein. c. In the event of a conflict in terms between this Agreement and the Contract, the interpretation that is in accordance with the Privacy Rule shall prevail.. In the event that a conflict then remains, the Contract terms shall prevail so long as they are in accordance with the Privacy Rule. d. A breach of this Agreement by Business Associate shall be considered sufficient basis for Covered Entity to terminate the Contract for cause. Contract #68-1001 LJNC Hospital Signature Title Agency/Organization Date (Certification signature should be same as Contract signature.)