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HomeMy WebLinkAboutContract 56661 CSC No.56661 DocuSign Envelope ID:997A818F-27CE-4FE0-6471-5A151 FB31A4D MEMORANDUM OF UNDERSTANDING REGARDING SHARING AND PROTECTION OF PATIENT CARE DATA This Memorandum of Understanding("MOU")sets forth the understanding regarding the sharing of patient care data between the Metropolitan Area EMS Authority(hereinafter"MAEMSA")and its Medical Director,located at 2900 Alta Mere Dr.Fort Worth,TX 76116, and the City of Fort Worth(hereinafter"City"),the First Responding Organization ("FRO"), located at 505 W.Felix Street Fort Worth,TX 76115. WHEREAS,under the state rules and the Restated Interlocal Cooperative Agreement("RICA"), City is obligated to provide patient care data to the Medical Director as requested for purposes including but not limited to: certification of personnel; establishing equipment requirements for first responder vehicles;and monitoring the quality of patient care; and WHEREAS,MAEMSA is required to maintain such data in compliance with state and federal law; NOW THEREFORE,the parties state their shared understandings at to such matters as follows: I. PURPOSE This Memorandum of Understanding delineates the responsibilities of each party with regard to the sharing of patient care data collected by City. The purpose is to provide assurances to City regarding MAEMSA's compliance with patient care data confidentiality,privacy, and security with the requirements of the HIPAA Rules and Texas state law. II. JOINT ACKNOWLEDGEMENTS The parties recognize that under the RICA and 22 TAC § 197.2(a),Dr. Veer Vithalani is the System Medical Director for City,MedStar, and all EMS FROs in the EMS system and is therefore responsible for all aspects of the operation of the EMS system concerning the provision of medical care. The Medical Director requires access to the records of all medically related aspects of the operation of the EMS system in order to perform his statutory duties. As the Medical Director for all EMS providers in the system,under 22 TAC § 197.3(A),he must be actively involved in (1)the training and/or continuing education of all MAEMSA system EMS personnel under his direct supervision, at their respective levels of certification, and(2)the medical audit,review,and critique of the performance of EMS personnel under his or her direct supervision. Under 22 TAC § 197.3(B),he is required to: (1)direct an effective system audit and quality assurance program; (2) develop and implement a comprehensive mechanism for management of patient care incidents,including patient complaints,allegations of substandard care, and deviations from established protocols and patient care standards; and(3) determine standards and objectives for all medically related aspects of the operation of the EMS system,including the inspection, evaluation, and approval of the system's performance specifications. M. RESPONSIBILITIES OF CITY City agrees to provide the MAEMSA Medical Director with all data related to the medical aspects of its EMS operations, including but not limited to patient care provided by City under the delegation, direct or standing medical orders of the Medical Director,including the protocols thereof. Such data shall include but is not limited to electronic patient care reports ("ePCR"),paper patient care reports,patient care worksheets,any and all patient information collected by City during patient care and while performing medical evaluation(s). IV. RESPONSIBILITIES OF MAEMSA MAEMSA agrees and understands that patient care data provided by City is protected health information("PHI")as defined by 45 CFR § 160.103. MAEMSA shall comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the implementing standards for privacy and security of identifiable health information, located at 45 CFR § 160 and§164, Subparts A and E(the"Privacy Rule")and Part§ 164, Subparts A and C(the"Security Rule");as amended by the Health Information,Technology for Economic and Clinical Health(HITECH)Act,Title XIII of Division A and Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID:997A818F-27CE-4FE0-B471-5A151FB31A4D IV of Division B of the American Recovery and Reinvestment Act of 2009 ("ARRA"), and the HIPAA Omnibus Final Rule, 78 Fed.Reg. 5566(Jan.25,2013)(collectively the"HIPAA Rules"). V. PERMITTED USES AND DISCLOSURES MAEMSA shall only use and disclose PHI obtained from City for those purposes permitted for a Covered Entity(as defined by 45 CFR § 160.103) or required under the RICA or state law, and only in a manner that is consistent with 25 TAC § 157.14, the RICA, this MOU, and the HIPAA Privacy Rule and Security Rule. MAEMSA may use and disclose de- identified PHI at its sole discretion if the de-identification is in compliance with 45 CFR§ 164.502(d),and the de-identified health information meets the standard and implementation specifications for de-identification under 45 CFR§ 164.514(a) and(b). VI. TERMINATION This MOA shall remain in effect and govern the relations of the parties unless and until either MAEMSA or City gives the other thirty(30)days written notice that this MOU no longer reflects its understanding and that it wishes to withdraw from this MOU. [signature page follows] DocuSign Envelope ID:997A818F-27CE-4FE0-B471-5A1 51 FB31A4D Agreed to on this Day of 2021 the effective date. CITY OF FORT WORTH: METROPOLITAN AREA EMS AUTHORITY: DoeuSigned by: By:valerieW I Name: Valerie Washington By: Stl%r lit, Title: Assistant City Manager Name: Kenneth J. Simpson Nov 12 2021 Title: Chief Executive Officer Date: DoeuSigned by: By: Name: Title: MAEMSA Medical Director 11/4/2021 ate. - - CITY OF FORT WORTH INTERNAL ROUTING PROCESS: oaf FOR0000000. T O° O 0 A.pproval Recommended: City Secretary: o o'pA� 0 00 000 °_� ° ° 4t 'd Y J Davis Nov574777D96 DT y:P �T ° Ici 000000 /✓/ ame: James E. Davis ame: RonalGonzales K���EXpSoap itle: Chief, Fort Worth Fire Department itie: Acting City Secretary CONTRACT COMPLIANCE MANAGER: Approved as to Form and Legality: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ( �.4aAtE- ame: Christopher Austria By:Ma rk Ra uscher(N ov 15,202109:17 CST) itle: Assistant City Attorney Name:Mark Rauscher Title:Assistant Fire Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX