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Home My WebLink AboutContract 57910 DocuSign Envelope ID:3DE993DD-D458-47D2-88FF-96276B3A6F82 CSC No.57910 MEMORANDUM OF UNDERSTANDING BETWEEN METROPOLITAN AREA EMS AUTHORITY AND CITY OF FORT WORTH REGARDING EMS TRANSPORTATION FOR EMERGENCY DETENTION This Memorandum of Understanding("MOU")sets forth the understanding between the Metropolitan Area EMS Authority ("MAEMSA") and the City of Fort Worth ("City") regarding the ambulance transport of persons taken into custody by a peace officer employed by the Fort Worth Police Department("FWPD"). WHEREAS, MAEMSA, is a governmental administrative agency created through a Restated Interlocal Cooperative Agreement(Hereinafter"RICA")between municipalities under the provisions of Section 773.051 of the Tex. Health & Safety Code and the provisions of Chapter 791 of the Tex. Government Code, as amended, and WHEREAS, MAEMSA is the exclusive provider of ambulance response to 9-1-1 calls for emergency medical service ("EMS")in the jurisdiction of the City of Fort Worth; and WHEREAS, the Parties believe that under Tex. Health & Safety Code ("THSC") § 573.005, it is appropriate to execute a memorandum of understanding regarding transportation of persons taken into custody by FWPD; NOW THEREFORE, The Parties have stated below their mutual understanding and the responsibilities of each Party. I. PURPOSE The purpose of this MOU is to state the understanding of the Parties regarding the provision of medical care and the ambulance transportation of persons taken into custody by a peace officer employed by FWPD under an Apprehension by Peace Officer Without Warrant("APOWW")under HSC § 573.001. IL JOINT ACKNOWLEDGEMENTS A. MAEMSA and City recognize that emergency medical services personnel employed by MAEMSA may transport a person suffering from a mental illness to the nearest appropriate inpatient mental health facility or to another mental health facility deemed suitable by the local mental health authority (the respective county MHMR) under an APOWW when there is reasonable cause to believe that the patient will require medical assistance or the administration of medication while enroute. B. Regarding the criteria for an APOWW,under THSC § 571.003, "mental illness"means an illness, disease, or condition,other than epilepsy, dementia, substance abuse, or intellectual disability,that: (1) substantially impairs a person's thought,perception of reality, emotional process, or judgment; or (2)grossly impairs behavior as demonstrated by recent disturbed behavior. C. The decision to take a person in custody under an APOWW lies in the sole discretion of the FWPD. However, MAEMSA personnel on the scene are "credible persons" under THSC § 571.003(c)(1) whose representations may form the officer's belief that the person meets the criteria for apprehension. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID:3DE993DD-D458-47D2-88FF-96276B3A6F82 III. RESPONSIBILITIES OF CITY A. When a FWPD law enforcement officer has taken a person into custody pursuant to an APOWW and there is reasonable cause to believe that the patient will require medical assistance or the administration of medication while enroute, the officer may transfer the apprehended person to MAEMSA for transport to the nearest appropriate inpatient mental health facility;or another mental health facility deemed suitable by the respective county MHMR, if an appropriate inpatient mental health facility is not available. B. The FWPD officer shall provide the detained person the notice described by Section THSC § 573.001(g) and provide the MAEMSA crew making the transport with a completed notification of detention pursuant to THSC § 573.002(d). C. When the patient may require additional restraint during transport,upon request by MedStar personnel,the officer issuing the APOWW shall accompany MedStar during the transport. In most cases,the officer may follow the ambulance in the officer's vehicle unless and until the officer's presence is required in the ambulance to help subdue the patient. D. Payment of an expense incurred in transporting persons under this subsection is governed by THSC § 571.018. IV. RESPONSIBILITIES OF MAEMSA A. MAEMSA will use a Texas Department of Health Services approved vehicle and qualified medical personnel to transport individuals under this MOU. B. MAEMSA will follow medical treatment protocols issued by the MAEMSA System Medical Director and shall not take direction from FWPD regarding the administration of restraints or medication during treatment and transport. MedStar may request that the officer apply restraints for the safety of the patient and crew. C. If a FWPD officers accompanies the MAEMSA crew in the ambulance, a MAEMSA staff member shall return the officer to their vehicle after the patient is transferred to the mental health facility. V. PERMITTED USES AND DISCLOSURES A. City agrees and understands that patient care data maintained by MAEMSA is protected health information ("PHI")as defined by 45 CFR§ 160.103,and MAEMSA shall comply with the Health Insurance Portability and Accountability Act of 1996("HIPAA")federal 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 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"). DocuSign Envelope ID:3DE993DD-D458-47D2-88FF-96276B3A6F82 VL TERMINATION A. This MOU shall remain in effect and govern the relations of the parties unless and until either MAEMSA or FWPD 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 to Follow) Agreed to on this day of 12022. METROPOLITAN AREA EMS rrPeTl'b�r:�� J. Siw,psow Kenne Impson €Utive Officer Veer VI , i M.D. MAEMSA Medical Director 6/13/2022 Date CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration By: of this contract, including ensuring all performance Name: Fernando Costa and reporting requirements. Title: Assistant City Manager By: Sasha Kane(Jun 15,2022 11:01 CDT) APPROVAL RECOMMENDED: Name: Sasha Kane Title: Senior Contract Compliance Specialist •• = AOAfonp APPROVED AS TO FORM AND LEGALITY: By: Neil Noakr e�127,202214:26 CDT) Os 000000000� 0o Y 0 Name: Neil Noakes �IL� °Q��(� Title: Chief of Police d�o a°=� 0 '1* �`� By: ATTEST: daa�nEXpSgap Name: Taylor Paris Title: Assistant City Attorney aedGa�al& CONTRACT AUTHORIZATION: By: J ette S.Goodall(Jul 28,2022 07: DT) M&C: N/A Name: Jannette S. Goodall Form 1295: N/A Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID:3DE993DD-D458-47D2-88FF-96276B3A6F82 Approved by:[County Signature blocks here)