HomeMy WebLinkAboutRES 18-174RESOLUTION NO. 18-174
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager and Chief of Police be and they are hereby authorized to
execute an Interlocal Agreement between the City of Beaumont and Spindletop
(MHMR) to provide community-based mental health and intellectual and developmental
disability services. Said Interlocal Agreement is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
August, 2018.
Vor E- _
STATE OF TEXAS
CITY OF BEAUMONT
INTERLOCAL COOPERATION AGREEMENT
This Agreement is made and entered into by and between Spindletop Center, a unit of
local government whose principal office is in Beaumont, Jefferson County, Texas, "Center" and
the City of Beaumont, a political subdivision of the State of Texas, "City". The purpose of this
Agreement is to fund a Mental Health Liaison position for the Mental Health Liaison Program
and is authorized pursuant to Chapter 791, Texas Government Code.
Spindletop Center, a community center and an agency of the State of Texas established
under the provisions of Chapter 534 of the Texas Health & Safety Code Ann. (Vernon 1992), as
amended, is authorized to contract for the services made the subject of this Agreement.
In consideration of the mutual agreement contained herein, the parties agree as follows:
1.
TERM OF AGREEMENT
The initial term of this Agreement is effective immediately upon signature by all parties
and shall automatically renew on September 1 of each year thereafter on an annual basis until
such time as a modification to the Agreement is executed by both parties or this Agreement is
terminated.
II.
SERVICES
Center is designated as a mental health and intellectual and developmental disability local
authority by the Health and Human Services Commission (HHSC). Its mission is to plan,
coordinate, develop policy, develop and allocate resources, supervise, and ensure the provision of
community-based mental health and intellectual and developmental disability services for
residents of Jefferson, Orange, Chambers, and Hardin Counties, Texas. These activities
sometimes involve coordination of activities with the judicial system. Center requests City to
provide a police officer as a Mental Health Liaison to assist in fulfilling the Center's mission.
Responsibilities of the City:
The City, by and through the Beaumont Police Department, agrees to provide a Mental
Health Liaison officer as agreed upon, ("Liaison") for the Mental Health Liaison Program.
The Liaison will hold a license of peace officer certified under Section 1701.404, Occupations
Code assigned specifically to perform duties pursuant to applicable sections of the Texas Mental
Health Code. Both the City and the Center will agree upon the personnel designated as Liaison.
Page 1 of 15
EXHIBIT "A"
The Liaison's primary responsibilities will include:
1. Be available for and assist the Center Continuity of Care team with Municipal Court and
hospital follow-ups;
2. Be available for and assist the Center Mobile Crisis team when they respond to crisis
calls in the community;
3. Be available for and assist the Center PATH and CSS teams when they respond to calls
in the community;
4. Be available for and assist Center clinical staff when working with aggressive or difficult
clients;
5. Provide required number of contacts as designated by the Center;
6. Serve as a Liaison between the Center, law enforcement, hospitals, and judicial entities
7. Collaborate with the Center on any additional training pertinent; and
8. Provide training to Center, law enforcement, hospitals, judicial entities, and the
community as directed by the Center.
In the performance of these duties, the City shall:
• Provide whatever administrative support and assistance within the duties of a police
officer as may be required to fulfill the needs of the parties;
• Provide the mandated in-service training and any additional training required by the
Texas Commission on Law Enforcement (TCOLE);
• Provide the same basic and necessary equipment provided to each officer assigned to
law enforcement duties and set forth in the Articles of Agreement "Uniforms, safety, and
equipment";
The Liaison and other City personnel who provide services pursuant to this Agreement are
Employees of the City, and the Police Chief shall maintain supervisory control and command
over such Employees.
Responsibilities of the Center:
The Center agrees to fund clinicians for the Mental Health Liaison Program. This staff's
primary responsibilities will include:
• Responding to calls with the Liaison to perform crisis assessments;
• Responding to calls with the Liaison to provide crisis intervention services;
• Responding to calls with the Liaison to provide crisis follow-up services;
• Coordinating referrals with the Liaison to various Center and community crisis services;
• Coordinating follow-up appointments and providing continuity of care for individuals
seen by the team;
• Sewing as a Liaison with the Liaison for law enforcement entities (such as police
departments, local justices of the peace, and county judges) to the local community mental
health system;
• Providing secure and adequate office space with designated locking file space to the
Liaison to carry out his/her duties and permit access to all necessary facilities;
• Coordinating and assisting with all activity scheduling and ensure adequate time is
allotted for preparation of any and all required reports; and
Page 2 of 15
® Refening any comments, criticism, suggestions or recommendations concerning the
L&ison's assignments or pezd'ormance as soon as possible to the Beaumont Police
Department, or his/her designee.
In
T]EIUYMNA.TI®N
This Agreement may be terminated early, with or without cause or for convenimce, by
either party giving written notice of its intention to so terminate to the other party thirty (3 0) days
before the effective date of termination.
This Agreement is contingent upon the avails receipt: of local, state or federal
funds that Center has allocated to this Agreement. fiva k ecome unavailable during any
budget period, this Agreement may be imm temrinate educed at the discre-tion of
Center. Center will be responsible for paym monies due ough and including the
date of such termination or reduction.
Since Center is responsible6forartial fin ed for the on positions, ii
City fails to receive such Funding_reason w due, Liaison ma e imxvediately
withdrawn from this service. Taus p not to b as a contract of employment
with Liaison.
IN.
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YE.�1bf J. 1 t: / / 1 'e c;L'�li i / i G i`1�� f - IOwL+:I ' I1 : 1 1 ' 7 1 1411WARI "
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City must Vfaimntho,
dentiality of information received during the performance of
this Agreemi.ent, incon that discloses confidential. personal information or
identifies anypersoner in accordance with applicable federal and state laws
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Page 3 of 15
VI.
PAYMENT
For the services provided, the Center agrees to reimburse City for equipment utilized by
the Mental Health officer, to include a vehicle, standard vehicle equipment, annual fiuel costs,
and officer assigned equipment such as a uniform, taser, and cell phone based on the grant
funding awarded to the Center. The Center will also provide any specialized training pursuant
to assigned responsibilities.
The City will pay one hundred percent (100%) of the cost for one (1) peace officer to
provide the law enforcement services; including salaries, benefits, deferred liabilities, and any
additional expenses the City may incur in providing the services of the Mental Health deputy
for the term of the Agreement.
Center expressly understands and agrees that if payment is not received within thirty
(30) days of the date due, this Agreement may be terminated by City without further notice.
Further, failure to make demand for payment due shall not be a waiver of Center's obligation to
make timely payments.
City, acting through the Central Collections Division, will submit a quarterly billing
statement (invoice) to the Spindletop Center, 655 S. 8th Street, Beaumont, Texas, 77701.
Center will make payment in accordance with the terms of what is commonly called the Texas
Prompt Payment Act.
No payment can be made by Center until this Agreement has been signed and returned
to Center.
VII.
BOOKS AND RECORDS
All books, records and other methods of documentation related to this Agreement are
and will be open to audit by HHSC during normal business horns.
VIII.
CENTER CONTRACT REQUIREMENTS
The Authority is required to insert the provisions of 25 TAC §412.57 in all of its
contracts. Exhibit "A" is a copy of the provisions. The parties agree that the majority of the
provisions do not apply to City; however, those that are applicable shall apply.
An executed Business Associate Agreement (Exhibit "B") must be on file, in addition to,
this Agreement pursuant to which Center may provide City with access to health information
that is protected by state and/or federal law.
IX.
Page 4 of 15
VENUE
Venue and/or jurisdiction for this Agreement shall be in Jefferson County, Texas.
X.
NOTICES
All notices to be given under this Agreement shall be sent by certified mail, return receipt
requested, at the address shown below.
XI.
EXECUTION BY CHIEF OF POLICE
The City Manager of the City of Beaumont signs this Agreement to evidence his
willingness to abide by all terms and conditions imposed upon the Beaumont Police
Department.
Executed this
SPINDLETOP CENTER
By:
Holly Borel
Chief Executive Officer
Address:
655 South 8t' St.
Beaumont, TX 77701
day of , 2018.
CITY OF BE, AUMONT
Kyle Hayes
City Manager
Address:
801 Main.
Beaumont, TX 77701
I CERTIFY THAT THIS CONTRACT WAS APPROVED BY THE BOARD OF TRUSTEES
OF SPINDLETOP CENTER IN OPEN MEETING ON THE DAY OF , 2018.
Lz-
Billy Pruett
Secretary to the Board of Trustees
Page 5 of 15
EXHIBIT "A"
TAC §412.57
Texas Administrative Code
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 412 LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER B CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES
RULE §412.57 Provisions for Community Services Contracts
(a) The local authority must ensure that all its community services contracts are consistent with
the local authority's performance contract and with the model contracts designed by TDMHMR
as required by the Texas Health and Safety Code, §534.055(c).
(b) The local authority must include in all of its community services contracts that are funded by
TDMHMR provisions stating:
(1) the contract term;
(2) the community service(s) to be purchased;
(3) the identification of all parties;
(4) the total allowable payment or, if the community service is procured tiu•ough open enrollment
or is on a capitated basis, the rate of payment;
(5) the method of payment;
(6) that the contractor must comply with all applicable federal and state laws, rules, and
regulations, including:
(A) Title VI of the Civil Rights Act of 1964;
(B) Section 504 of the Rehabilitation Act of 1973;
(C) the Americans with Disabilities Act of 1990 (ADA); and
(D) the Age Discrimination in Employment Act of 1967;
(7) that if, as a result of a change to a TDMHMR rule or state or federal law, the contractual
obligations of the contractor are materially changed or a significant financial burden is placed on
the contractor, then the parties may renegotiate in good faith to amend the contract;
(8) that no consumer will be excluded from participation in, denied the benefits of, or unlawfully
discriminated against, in any program or activity funded by the contract on the grounds of race,
color, ethnicity, national origin, religion, sex, age, disability, or political affiliation in accordance
with applicable laws;
(9) that all documents pertinent to the contract, including consumer records, will be retained by
the contractor for a period of five years;
(10) that all consumer -identifying information will be maintained by the contractor as
confidential in accordance with applicable law and Chapter 414, Subchapter A of this title
(relating to Client -Identifying Information);
(11) that the contractor, its licensed staff, and other appropriate staff (such as QMHP-CS) will
be credentialed before services are delivered to consumers by such contractor and staff;
(12) a dispute resolution process;
(13) the clearly defined performance expectations which directly relate to the community
service's objectives, including goals, outputs, and measurable outcomes, and that the contractor
must provide services in accordance with such expectations;
Page 6 of 15
(14) that any allegation of abuse, neglect, or exploitation of a consumer under the contract will
be reported in accordance with applicable law, TDMHMR rules, and Texas Department of
Protective and Regulatory Services rules;
(15) that AIDS/1-ITV workplace guidelines, similar to those adopted by TDMHMR and
AIDS/HTV confidentiality guidelines and consistent with state and federal law, will be adopted
and implemented by the contractor;
(16) that the contractor will comply with the relevant TDMHMR rules, certifications,
accreditations, and licenses, that are specified in the contract;
(17) that services will be provided in accordance with consumers' treatment plans;
(18) that pursuant to Texas Health and Safety Code, §534.061, TDMHMR, the local authority,
and their designees, including independent financial auditors, shall have, with reasonable notice,
unrestricted access to all facilities, records, data, and other information under the control of the
contractor as necessary to enable the local authority to audit, monitor, and review all financial
and programmatic activities and services associated with the contract;
(19) any sanctions and remedies the local authority may take in response to the contractor's
failure to comply with the contract provisions; and
(20) that the contractor will immediately notify the local authority of any change, or potential
change, in its status that could affect its inclusion in the provider network.
(c) The local authority must include in all of its community services contracts for residential
services that are funded by TDMHMR provisions stating;
(1) that the contractor shall provide evidence of criminal history record information on the
contractor's applicants, employees, and volunteers, pursuant to the Texas Health and Safety Code,
§533.007 and Chapter 250; the Texas Government Code, §411.115; and Chapter 414, Subchapter
K of this title (relating to Cri ninal History Clearances); and
(2) that if an applicant, employee, or volunteer of the contractor has a criminal history relevant
to his or her employment as described in Chapter 414, Subchapter K of this title (relating to
Criminal History Clearances), then the contractor will take appropriate action with respect to the
applicant, employee, or volunteer, including terminating or removing the employee or volunteer
from direct contact with consumers served by the contractor.
(d) Community services contracts that require the contractor to assume responsibility for the funds
of a consumer must contain provisions requiring the contractor to have and abide by a written
policy, which is subject to approval by the local authority, for protecting and accounting for such
funds in accordance with generally accepted accounting principles.
Source Note: The provisions of this §412.57 adopted to be effective April 22, 2001, 26 TexReg
2845
Page 7 of 15
EXHIBIT "B"
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (the 'BAA"), is hereby entered into between
Spindletop Center, ("Covered Entity"), and The City of Beaumont Police Department,
("Business Associate").
WHEREAS, Covered Entity and Business Associate have entered into an agreement to
provide Mental Health Liaison Deputy Services -pursuant to which Covered Entity may provide
Business Associate with access to health information that is protected by state and/ or federal
law;
WHEREAS, Business Associate and Covered Entity desire that Business Associate
obtain access to such information in accordance with the terms specified herein; and
NOW THEREFORE, in consideration of the mutual promises set forth in this BAA and
other good and valuable consideration, the sufficiency and.receipt of which are hereby severally
acknowledged, the parties agree as follows:
1. Definitions. Unless otherwise specified in this BAA, all capitalized terms not otherwise
defined shall have the meanings established in Title 45, Parts 160 and 164, of the United
States Code of Federal Regulations, as amended from time to time, and/or in the Health
Information Technology for Economic and Clinical Health ("HITECH") Act. For
purposes of clarification, the following terms shall have the definitions set forth below:
1.1 "Privacy Rule" shall mean the standards for Privacy of Individually Identifiable
Health Information as set forth in 45 C.F.R. Parts 160 and 164, Subparts A
and E.
1.2 "Security Rule" shall mean the standards of security requirements of the HIPAA
regulations at 45. C.F.R. §§302 through 164.31.
2. Business Associate Obligations Business Associate may receive from Covered Entity
health information that is protected under applicable state and/ or federal law, including
without Limitation, Protected Health Information ("PHI"). Business Associate agrees
not to Use or Disclose (or permit the Use or Disclosure of) PHI in a manner that would
violate the requirements of the Privacy Rule or the Security Rule under HIPAA or
HITECH, if the PHI were used or disclosed by Covered Entity in the same manner.
Business Associate shall use appropriate safeguards to prevent the Use or Disclosure
of PHI other than as expressly permitted under this BAA. Business Associate agrees to
not directly or indirectly receive payment in exchange for any PHI, unless Covered
Entity obtained from the individual, who is the subject of the PHI, a signed written
authorization specifically stating that the, PHI can be exchanged for payment, or
otherwise permitted by the limited exceptions as provided in HITECH § 13405(d).
Business Associate agrees to mitigate, to the extent reasonably possible, any harmful
Page 8 of 15
effect that is known to Business Associate from any use or disclosure of PHI by
Business Associate that is not authorized by this Agreement. Business Associate further
agrees to mitigate, to the extent reasonably possible, any harmful effect that is known
to Business Associate from any Security Incident or, after a reasonable investigation,
would be known to Business Associate.
3. Use of PHI. Business Associate may use PHI as necessary (i) for performing services
set out in the Underlying Agreement, or (ii) for carrying out its legal responsibilities,
provided in each case that such Uses are permitted under federal and state law. Covered
Entity shall retain all rights in the PHI not granted herein.
4. Disclosure of PHI. Business Associate may Disclose PHI as' necessary (i) to perform
services under the Underlying Agreement, or (ii) to carry out its legal responsibilities,
provided that either (a) the Disclosure is Required by Law or (b) the Business Associate
obtains reasonable assurances from the person to whom the information is Disclosed
that the information will be held confidential and fiirther Used and Disclosed only as
Required by Law or for the purpose for which it was Disclosed to the person, and such
Person agrees to immediately notify the Business Associate of any instances of which
it is aware that the confidentiality of the information has been breached.
5. Reports, Business Associate agrees to report to Covered Entity:
5.1 Any Use or Disclosure of PHI not authorized by this BAA within five (5) days of
the Business Associate becoming aware of such unauthorized Use or Disclosure;
5.2 Any Security Incident within five (5) days of the Business Associate becoming
aware of the Security Incident; and,
5.3 Any Breach of Unsecured PHI Discovered by Business Associate, to the extent
Business Associate accesses, maintains, retains, modifies, records, stores, destroys
or otherwise holds, Uses or Discloses Unsecured PHI, unless delayed for law
enforcement purposes, without delay and in no case later than five (5) calendar days
after Discovery of the Breach, and shall include the identification of each Individual
whose Unsecured PHI has been, or is reasonably believed by Business Associate to
have been, accessed, acquired or Disclosed ducting such Breach. In addition,
Business Associate shall provide the Covered Entity with any other available
information that the Covered Entity is required to include in the notification to the
individual under 45 C.F.R. § 164.404(c) or as soon thereafter as information
becomes available.
Page 9 of 15
6. Agents and Subcontractors. IfBusiness Associate discloses PHI received from Covered
Entity, or created or received by Business Associate on behalf of Covered Entity, to
agents, including a subcontractor (collectively, "Recipients"), Business Associate shall
require Recipients to agree in writing in accordance with 45 C.F.R. § 164.504(e)(1)(i)
that the Recipient will appropriately safeguard the information by imposing, at
minimum, the same restrictions and conditions that apply to the Business Associate
under this BAA.
7. Individual Rights to Access and Amendment.
7.1 Access. If Business Associate maintains a Designated Record Set on behalf of
Covered Entity, Business Associate shall permit an Individual to inspect or copy
PHI contained in that set about the Individual in accordance with the Privacy Rule
set forth in 45 C.F.R. § 164.524, as it may be amended from time to time, unless
excepted or a basis for denial exists under 45 C.F.R. § 164.524, as determined by
the Covered Entity. In the event a Business Associate uses or maintains an
Electronic Health Record on behalf of Covered Entity, then, as of the date required
by HITECH, an Individual's right of access under 45 C.F.R. § 164.524 shall include
the right to obtain a copy of the PHI in an electronic format and, if the Individual
chooses in a clear, conspicuous and specific manner, to direct the Business
Associate to transmit such copy to any person designated by the Individual.
Business Associate shall respond to any request from Covered Entity for access by
an Individual within five (5) days of such request unless otherwise agreed to by
Covered Entity. The information shall be provided in the form or format requested,
if it is readily producible in such form or format, or in summary, if the Individual
has agreed in advance to accept the information in summary form. A reasonable,
cost based fee may be charged for copying PHI or providing a summary of PHI in
accordance with 45 C.F.R. § 164;524(c)(4), provided that any such fee relating to
a copy or summary of PHI provided in an electronic form may not be greater than
the labor costs incurred in response to the request for the copy or summary.
7.2 Amendment. Business Associate shall accommodate an Individual's right to amend
PHI or a record about the Individual in a Designated Record Set in accordance with
the Privacy Rule set forth at 45 C.F.R. § 164.526, as it may be amended from time
to time, unless excepted or a basis for denial exists under 45 C.F.R. § 164.526, as
determined by the Covered Entity. Covered Entity shall determine whether a denial
to an amendment request is appropriate or an exception applies. Business Associate
shall notify Covered Entity within five (5) days of receipt of any request for
amendment by an Individual and shall make any amendment requested by Covered
Entity within ten (10) days of such request. Business Associate shall have a process
in place for requests for amendments and for appending such requests to the
Designated Record Set.
8. Accounting of Disclosures.
8.1 General Accounting Provisions. Business Associate shall make available to
Covered Entity in response to a request from an Individual, information required
for an accounting of Disclosures of PHI with respect to the Individual, in
accordance with 45 C.F.R. § 164.528, as it may be amended from time to time,
Page 10 of 15
unless an exception to such Accounting exists under 45 C.F.R, § 164.528. Such
Accounting is limited to Disclosures that were made in the six (6) years prior to the
request and shall not include any Disclosures that were made prior to the
compliance date of the Privacy Rule. Business Associate shall provide such
information necessary to provide an accounting within thirty (30) days of Covered
Entity's request.
8.2 Special Provisions for Disclosures mace through an Electronic Health Record. As
of the date required by HITECH, if Covered Entity uses or maintains an Electronic
Health Record with respect to PHI and if Business Associate makes Disclosures of
PHI for Treatment, Payment or Health Care Operations purposes through such
Electronic Health Record, Business Associate will provide an accounting of
Disclosures that Covered Entity has determined were for Covered Entity's
Treatment, Payment and/or Health Care Operations purposes to Individuals who
request an accounting directly frorn Business Associate. Any accounting made
pursuant to this Section 8.2 shall be limited to Disclosures made in the three (3)
years prior to the Individual's request for the accounting. The content of the
accounting shall be in accordance with 45 C.F.R. § 164.528, as it may be amended
from time to time.
8.3 Tees for an Accounting. Any accounting provided under Section 8.1 or Section 8.2
must be provided without cost to the Individual or to Covered Entity if it is the first
accounting requested by an Individual within any twelve (12) month period;
however, a reasonable, cost based fee may be charged for subsequent accountings
if Business Associate informs the Covered Entity and the Covered Entity informs
the Individual in advance of the fee, and the Individual is afforded an opportunity
to withdraw or modify the request.
9. Withdrawal of Consent or Authorization. If the use or disclosure of PHI in this BAA is
based upon an Individual's specific consent or authorization for the use of his or her
PHI, and (i) the Individual revokes such consent or authorization in writing, (ii) the
effective date of such authorization has expired, or (iii) the consent or authorization is
found to be defective in any manner that renders it invalid, Business Associate agrees,
if it has notice of such revocation or invalidity, to cease the Use and Disclosure of any
such Individual's PHI except to the extent it has relied on such Use or Disclosure, or
where an exception under the Privacy Rule expressly applies.
10. Records and Audit. Business Associate shall make available to Covered Entity and to
the Secretary of Health and Human Services ("Secretary") or her agents, its internal
practices, books, and records relating to the Use and Disclosure of PHI received from,
or, created or received by, Business Associate on behalf of Covered Entity for the
purpose of determining Covered Entity's compliance with the Privacy Rule and the
Security Rule or any other health oversight agency, in a timely a manner designated by
Covered Entity or the Secretary. Except to the extent prohibited by law, Business
Associate agrees to notify Covered Entity immediately upon receipt by Business
Associate of any and all requests served upon Business Associate by or on behalf of
any and all government authorities relating to PHI received from, or created or received
by, Business Associate on behalf of Covered Entity.
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11. Notice of Privacy Practices. Covered Entity shall provide to Business Associate its
Notice of Privacy Practices ("Notice'D, including any amendments to the Notice.
Business Associate agrees that it will abide by any limitations set forth in the Notice,
as it may be amended from time to time, ofwhich it has knowledge. An amended Notice
shall not affect permitted Uses and Disclosures on which Business Associate has relied
prior to receipt of such Notice.
12. Securijy Business Associate will (i) implement Administrative, Physical and
Technical Safeguards that reasonably and appropriate protect the confidentiality,
integrity and availability of the Electronic Protected Health Information that it creates,
receives, maintains, or transmits on behalf of Covered Entity as required under the
Security Rule•, and (ii) ensure that any agent, including a subcontractor, to whom it
provides Electronic Protected Health Information agrees to implement reasonable and
appropriate safeguards to protect such information as required under the Security Rule.
Further, as of the date required by HITECH, Business Associate shall comply with the
standards and implementation specifications set forth in 45 C.F.R. §§ 164.308,164.3 10,
164.312 and 164.316 with respect to such Administrative, Physical and Technical
Safeguards.
13. Term and Tennination.
13.1 This BAA shall commence on the effective date of the Agreement and shall
remain in effect until terminated in accordance with the terms of this Section 13,
provided, however, that any termination shall not affect the respective obligations
or rights of the parties arising under this BAA prior to the effective date of
termination, all of which shall continue in accordance with their terms.
13.2 Covered Entity shall have the right to terminate this BAA for any reason upon
thirty (30) days written notice to Business Associate.
13.3 Covered Entity, at its sole discretion, may immediately terminate this BAA and
shall have no further obligations to Business Associate hereunder if any of the
following events shall have occurred and be continuing:
i) Business associate shall fail to observe or perform any material covenant
or agreement contained in this. BAA for ten (10) days after written notice
thereof has been given to Business Associate by Covered Entity; or
ii) A violation by Business Associate of any provision of the Privacy Rule,
Security Rule, or other applicable federal or state privacy law.
13.4 Upon the termination of negotiations for a possible business relationship with
Covered Entity, this BAA shall terminate simultaneously without additional
notice.
13.5 Upon termination of this BAA for any reason, Business Associate agrees either
to return to Covered Entity or to destroy all PHI received from Covered Entity or
otherwise created through the performance of the Agreement Services for
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Covered Entity that is in the possession or control of Business Associate or its
agents. In the case of information for which it is not feasible to "return or destroy",
Business Associate shall continue to comply with the covenants in this BAA with
respect to such PHI and shall comply with other applicable state or federal law,
which may require a specific period of retention, redaction, or other treatment.
Termination of this BAA shall be cause for Covered Entity to terminate the
Agreement.
14, Miscellaneous.
14.1 Notice. All notices, requests, demands and other communications required or
permitted to be given or made under this BAA shall be in writing, shall be
effective upon receipt or attempted delivery, and shall be sent by (i) personal
delivery; (ii) certified or registered United States mail, return receipt requested;
or (iii) overnight delivery service with proof of delivery. Notices shall be sent to
the addresses below.
Business Associate: Covered Entity:
City of Beaumont Police Department Spindletop Center
255 College St. 655 S. 8" St.
Beaumont TX 77701 Beaumont, TX 77701
Attention: Chief James Singletary Attention: Holly Borel, CEO
14.2 Waiver. No provision of this BAA or any breach thereof shall be deemed waived
unless such waiver is in writing and signed by the party claimed to have waived
such provision or breach. No waiver of a breach shall constitute a waiver of or
excuse any different or subsequent breach.
14.3 Assignment. Neither party may assign (whether by operation or law or otherwise)
any of its rights or delegate or subcontract any of its obligations under this BAA
without the prior written consent of the other party. Notwithstanding the
foregoing, Covered Entity shall have the right to assign its rights and obligations
hereunder to any entity that is an affiliate or successor of Covered Entity, without
the prior approval of Business Associate.
14.4 Compliance with HITECH; Agreement to Amend BAA. The parties agree that it
is their intention (i) to comply with the privacy and security provisions contained
in HITECH and (ii) to incorporate those provisions into this BAA to the extent
required by HITECH. The parties further agree to amend this BAA to the extent
necessary to comply with state and federal laws, including without limitation, the
Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and
HITECH, and any regulations promulgated or other guidance issued pursuant to
HIPAA and HITECH.
Page 13 of 15
1.4.5 Entre Agreement. This BAA constitutes the complete agreement between
Business Associate and Covered Entity relating to the matters specified in this
BA.A., and supersedes all prior representations or agreements, whether oral or
written, with respect to such matters. In the event of any conflict between the
terms of this BAA and the terms of any such later agreement(s), the terms of this
BAA shall control unless the terms of such later agreement comply with the
Privacy Rule and the Security Rule. No oral modification or waiver of any of the
provisions of this BAA shall be binding on either party. This BAA is for the
benefit of, and shall be binding upon the parties, their affiliates and respective
successors and assigns. No third party shall be considered a third party
beneficiary under this BAA, nor shall any arty have any rights as a result
of tbis BAA.
14.6 Governing Law.. This BAA shall be
with the laws of the State where
VCA,t-e- to, e&A, toA
14.7 i
Covex ntity, its officers,-- ect
14.8
against all liabilid�
penalties (includint
of every kind Whd
Business Associate
claims, demaaa&,
Doi
or duty
and interpreted in accordance
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p d civil monetary
and reason ttorneY. fees)
arising out o e violation of
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nil=DrOCeany
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or duty !! • • •. • K•!�.
A may cuted in one or more counterparts, each of
9 Z -m- 0 U Z,)Fu d 'IN ill Ut all of which together shall con�titatlo one,
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;Eula.. Xe: t!p u! t y 6r11�i� 1 :'i'� •
of of t BAA, • ! : not benecessary
• •..;ri a n c : • , r ed1 ! • u • �'a�3i t one : t countepart executed by the party
W&DANI ME 9 .4 kw. BAA is sought
Page 14 of 15
AGREED AND ACKNOWLEDGED:
BUSINESS ASSOCIATE:
Company Name: City of Beaumont Police Department
M.
Name: James Singletary
Title: Chief of Police
Date:
COVERED ENTITY:
Spindletop Center
M
Name: Holly Borel
Title: Chief Executive Officer
Date:
Page 15 of 15
STATE OF TEXAS
CITY OF BEAUMONT
INTERLOCAL COOPERATION CONTRACT
This Agreement is made and entered into by and between Spindletop Center, a unit of
local government whose principal office is in Beaumont, Jefferson County, Texas, "Center" and
the City of Beaumont, a political subdivision of the State of Texas, "City". The purpose of this
Agreement is to fund a Mental Health Liaison position for the Mental Health Liaison Program
and is authorized pursuant to Chapter 791, Texas Government Code.
Spindletop Center, a community center and an agency of the State of Texas established
under the provisions of Chapter 534 of the Texas Health & Safety Code Ann. (Vernon 1992), as
amended, is authorized to contract for the services made the subject of this Agreement.
In consideration of the mutual agreement contained herein, the parties agree as follows:
1.
TERM OF AGREEMENT
The initial term of.this Agreement shall begin immediately upon signature by all parties
and shall automatically renew on September 1 of each year thereafter, on a year-to-year basis
at the same amount in effect at the time of the initial term until such time as a modification to
the Agreement is executed by both parties or this Agreement is terminated,
H.
SERVICES
Center is designated as a mental health and intellectual and developmental disability local
authority by the Health and Human Services Commission (HHSC). Its mission is to plan,
coordinate, develop policy, develop and allocate resources, supervise, and ensure the provision of
community -based mental health and ' intellectual and developmental disability services for
residents of Jefferson, Orange, Chambers, and Hardin Counties, Texas. These activities
sometimes involve coordination of activities with the judicial system. Center requests City to
provide a police officer as a Mental Health Liaison to assist in fulfilling the Center's mission.
Responsibilities of the City:
The City, by and through the Beaumont Police Department, agrees to provide a Mental
Health Liaison deputy as agreed upon, ("Liaison") for the Mental Health Liaison Program.
The Liaison will hold a license of peace officer certified under Section 1701.404, Occupations
Code assigned specifically to perform duties pursuant to applicable sections of the Texas Mental
Health Code. Both the County and the Center will agree upon the personnel designated as
Liaison.
Page 1 of 15
The Liaison's primary responsibilities will include:
1. Be available for and assist the Center Continuity of Care team with City Jail and hospital
follow-ups;
2. Be available for and assist the Center Mobile Crisis team when they respond to crisis
calls in the community,
3. Be available for and assist the Center PATH and CSS teams when they respond to calls
in the community;
4. Be available for and assist Center clinical staff when working with aggressive or difficult
clients;
5. Provide required number of contacts as designated by the Center;
6. Serve as a Liaison between the Center, law enforcement, hospitals, and judicial entities
7. Collaborate with the Center on any additional training pertinent; and
S. Provide training to Center, law enforcement, hospitals, judicial entities, and the
community as directed by the Center.
In the performance of these duties, the City shall:
m Provide whatever administrative support and assistance within the duties of a police
officer as may be required to fulfill the needs of the parties;
• Provide the mandated in-service training and any additional training required by the
Texas Commission on Law Enforcement (TCOLE);
Provide the same basic and necessary equipment provided to each officer assigned to law
enforcement duties and set forth in the Articles of Agreement "Uniforms, safety, and equipment";
The Liaison and other City personnel who provide services pursuant to this Agreement are
Employees of the City, and the Police Chief shall maintain superviso%y control and command
over such Employees.
Responsibilities of the Center:
The Center agrees to fund clinicians for the Mental Health Liaison Program. This staffs
primary responsibilities will include:
• Responding to calls with the Liaison to perform crisis assessments;
• Responding to calls with the Liaison to provide crisis intervention services;
• Responding to calls with the Liaison to provide crisis follow-up services;
• Coordinating referrals with the Liaison to various Center and community crisis services;
• Coordinating follow-up appointments and providing continuity of care for individuals
seen by the team;
• Serving as a Liaison with the Liaison for law enforcement entities (such as police
departments, Iocal justices of the peace, and county judges) to the local community mental
health system;
• Providing secure and adequate office space with designated locking file space to the
Liaison to carry out his/her duties and permit access to all necessary facilities;
• Coordinating and assisting with all activity scheduling and ensure adequate time is
allotted for preparation of any and all required reports; and
Page 2 of 15
Referring any comments, criticism, suggestions or recommendations concerning the
Liaison's assignments or performance as soon as possible to the Beaumont Police
Department, or his/her designee.
in.
TERMINATION
This Agreement may be terminated early, with or without cause or for convenience, by
either party giving written notice of its intention to so terminate to the other party thirty (30) days
before the effective date of termination.
This Agreement is contingent upon the availability and receipt of local, state or federal
fiends that Center has allocated to this Agreement. If such funds become unavailable during any
budget period, this Agreement may be immediately terminated or reduced at the discretion of
Center. Center will be responsible for payment of all monies due up through and including the
date of such termination or reduction.
Since Center is responsible for partial funding as required for the Liaison positions, if
City fails to receive such funding for any reason when it is due, Liaison will be immediately
withdrawn from this service. This paragraph is not to be construed as a contract of employment
with Liaison.
IV.
DOCUMENTATION
Liaison shall complete such reports of work -related activities as may be required by
Center. The documentation of all reports will be in the manner and on forms prescribed by the
Center.
V.
CONFIDENTIALITY
City must maintain the confidentiality of information received during the performance of
this Agreement, including information as required by and in that discloses confidential personal
information or identifies any person served by Center, in accordance with applicable federal and
state laws.
Page 3 of 15
W
PAYMENT
For the services provided, the Center agrees to pay the City for equipment utilized by
the Mental Health officer, to include a vehicle, standard vehicle equipment, annual fuel costs,
and officer assigned equipment such as a uniform, taser, and cell phone based on the grant
funding awarded to the Center. The Center will also provide any specialized training pursuant
to assigned responsibilities.
The City will pay one hundred percent (100%) of the cost for one (1) peace officer to
provide the law enforcement services; including salaries, benefits, deferred liabilities, and any
additional expenses the City may incur in providing the services of the Mental Health deputy
for the term of the Agreement. r
Center expressly understands and agrees that if payment is not received within thirty
(30) days of the date due, this Agreement may be terminated by City without further notice.
Further, failure to make demand for payment due shall not be a waiver of Center's obligation to
make timely payments.
City, acting through the Central Collections Department, will submit a quarterly billing
statement (invoice) to the Spindletop Center, 655 S. 811' Street, Beaumont, Texas, 77701..
Center will make payment in accordance with the terms of what is commonly called the Texas
Prompt Payment Act.
No payment can be made by Center until this Agreement has been signed and returned
to Center.
VH.
BOOKS AND RECORDS
All books, records and other methods of documentation related to this Agreement are
and will be open to audit by HHSC during normal business hours.
VUL
CENTER CONTRACT REQUIREMENTS
The Authority is required to insert the provisions of 25 TAC §412.57 in all of its
contracts, Exhibit "A" is a copy of the provisions. The parties agree that the majority of the
provisions do not apply to City; however, those that are applicable shall apply.
An executed Business Associate Agreement (Exhibit `B") must be on file, in addition to,
this Agreement pursuant to which Center may provide City with access to health information
that is protected by state and/or federal law.
Page 4 of 15
IX.
VENUE
Venue and/or jurisdiction for this Agreement shall be in Jefferson County, Texas.
X.
NOTICES
All notices to be given under this Agreement shall be sent by certified mail, return receipt
requested, at the address shown. below.
XI.
EXECUTION BY CHIEF OF POLICE
The City Manager of the City of Beaumont signs this Agreement to evidence his
willingness to abide by all terms and conditions imposed upon the Beaumont Police
Department.
Executed this 42 1 S l� day of of , 2018.
SPINDLETOP CENTER
CITY OF BEAUMONT POLICE DEPT.
By: By:
Holly Borel
Chief Executive Officer
Address:
655 South 8" St.
Beaumont, TX 77701
Ll�
Kyle Hayes
City Manager
Address:
801 Main
Beaumont, TX 77701
I CERTIFY THAT THIS CONTRACT WAS APPROVED BY THE BOARD OF TRUSTEES
OF SPINDLETOP CENTER IN OPEN MEETING ON THE L—L DAY OF 2018.
By:
Billy Pruett
Secretary to the Board of Trustees
Page 5 of 15
EXIMIT "A"
TAC §412.57
Texas Administrative Code
TITLE 25 HEALTH SERVICES
PART 1 DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 412 LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER B. CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES
RULE §412.57 Provisions for Community Services Contracts
(a) The local authority must ensure that all its community services contracts are consistent with
the local authority's performance contract and with the model contracts designed by TDMHMR
as required by the Texas Health and Safety Code, §534.055(c).
(b) The local authority must include in all of its community services contracts that are funded by
TDMHMR provisions stating:
(1) the contract term;
(2) the community service(s) to be purchased;
(3) the identification of all parties;
(4) the total allowable payment or, ifthe community service is procured through open enrollment
or is on a capitated basis, the rate of payment;
(5) the method of payment;
(6) that the contractor must comply with all applicable federal and state laws, rules, and
regulations, including:
(A) Title VI of the Civil Rights Act of 1964;
(B) Section 504 of the Rehabilitation Act of 1973;
(C) the Americans with Disabilities Act of 1990 (ADA); and
(D) the Age Discrimination in Employment Act of 1967;
(7) that if, as a result of a change to a TDMII1v1R rule or state or federal law, the contractual
obligations of the contractor are materially changed or a significant financial burden is placed on
the contractor, then the parties may renegotiate in good faith to amend the contract;
(8) that no consumer will be excluded from participation in, denied the benefits of; or unlawfully
discriminated against, in any program or activity funded by the contract on the grounds of race,
color, ethnicity, national origin, religion, sex, age, disability, or political affiliation in accordance
with applicable laws;
(9) that all documents pertinent to the contract, including consumer records, will be retained by
the contractor for a period of five years;
(10) that all consumer -identifying information will be maintained by the contractor as
confidential in accordance with applicable law and Chapter 414, Subchapter A of this title
(relating to Client -Identifying Information);
(11) that the contractor, its licensed staff, and other appropriate staff (such as QMHP-CS) will
be credentialed before services are delivered to consumers by such contractor and staff;
(12) a dispute resolution process;
Page 6 of 15
(13) the clearly defined performance expectations which directly relate to the community
service's objectives, including goals, outputs, and measurable outcomes, and that the contractor
must provide services in accordance with such expectations;
(14) that any allegation of abuse, neglect, or exploitation of a consumer under the contract will
be reported in accordance with applicable law, TDMHMR rules, and Texas Department of
Protective and Regulatory Services rules;
(15) that AIDS/HIV workplace guidelines, similar to those adopted by TDMHMR and
AIDS/HIV confidentiality guidelines and consistent with state and federal law, will be adopted
and implemented by the contractor;
(16) that the contractor will comply with the relevant, TDMHMR rules, certifications,
accreditation, and licenses, that are specified in the contract;
(17) that services will be provided in accordance with consumers' treatment plans;
(18) that pursuant to Texas Health and Safety Code, §534.061, TDMHMR, the local authority,
and their designees, including independent financial auditors, shall have, with reasonable notice,
unrestricted access to all facilities, records, data, and other information under the control of the
contractor as necessary to enable the local authority to audit, monitor, and review all financial
and programmatic activities and services associated with the contract;
(19) any sanctions and remedies the local authority may take in response to the contractor's
failure to comply with the contract provisions; and
(20) that the contractor will immediately notify the local authority of any change, or potential
change, in its status that could affect its inclusion in the provider network.
(c) The local authority must include in all of its community services contracts for residential
services that are funded by TDMPIlVIR provisions stating:
(1) that the contractor shall provide evidence of criminal history record information on the
contractor's applicants, employees, and volunteers, pursuant to the Texas Health and Safety Code,
§533.007 and Chapter 250; the Texas Government Code, §411.115; and Chapter 414, Subchapter
K of this title (relating to Criminal History Clearances); and
(2) that if an applicant, employee, or volunteer .of the contractor has a criminal history relevant
to his or her employment as described in Chapter 414, Subchapter K of this title (relating to
Criminal History Clearances), then the contractor will take appropriate action with respect to the
applicant, employee, or volunteer, including terminating or removing the employee or volunteer
from direct contact with consumers served by the contractor.
(d) Community services contracts that require the contractor to assume responsibility for the funds
of a consumer must contain provisions requiring the contractor to have and abide by a written
policy, which is subject to approval by the local authority, for protecting and accounting for such
funds in accordance with generally accepted accounting principles.
Source Note: The provisions of this §412.57 adopted to be effective April 22, 2001, 26 TexReg
2845
Page 7 of 15
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (the "BAA"), is hereby entered into 'between
Spindletol? Center, ("Covered Entity"), and The City of Beaumont Police Department,
("Business Associate").
WHEREAS, Covered Entity and Business Associate have entered into an agreement to
provide Mental Health Liaison Deputy Services pursuant to which Covered Entity may provide
Business Associate with access to health information that is protected by state and/ or federal
law;
WHEREAS, Business Associate and Covered Entity desire that Business Associate
obtain access to such information in accordance with the terms specified herein; and
NOW THEREFORE, in consideration of the mutual promises set forth in this BAA and
other good and valuable consideration, the sufficiency and receipt of which are hereby severally
acknowledged, the parties agree as follows:
1. Definitions. Unless otherwise specified in this BAA, -all capitalized terms not otherwise
defined shall have the meanings established in Title 45, Parts 160 and 164, of the United
States Code of Federal Regulations, as amended fiom time to time, and/or in the Health
Information Technology for Economic and Clinical Health ("HITECH") Act. For
purposes of clarification, the following terms shall have the definitions set forth below:
1.1 "Privacy Rule" shall mean the standards for Privacy of Individually Identifiable
Health Information as set forth in 45 C.F.R. Parts 160 and 164, Subparts A
and E.
1.2 "Security Rule" shall mean the standards of security requirements of the HIPAA
regulations at 45. C.F.R. §§302 through 164.31.
2. Business Associate Obligations, Business Associate may receive from Covered Entity
health information that is protected under applicable state and/ or federal law, including
without limitation, Protected Health Information ("PHI"). Business Associate agrees
not to Use or Disclose (or permit the Use or Disclosure of) PHI in a manner that would
violate the requirements of the Privacy Rule or the Security Rule under HIPAA or
HITECH, if the PHI were used or disclosed by Covered Entity in the same manner.
Business Associate shall use appropriate safeguards to prevent the Use or Disclosure
of PHI other than as expressly permitted under this BAA. Business Associate agrees to
not directly or indirectly receive payment in exchange for any PHI, unless Covered
Entity obtained from the individual, who is the subject of the PHI, a signed written
authorization specifically stating that the PHI can be exchanged for payment, or
otherwise permitted by the limited exceptions as provided in HITECH § 13405(d).
Business Associate agrees to mitigate, to the extent reasonably possible, any harmful
Page 8 of 15
effect that is known to Business Associate from any use or disclosure of PHI by
Business Associate that is not authorized by this Agreement. Business Associate further
agrees to mitigate, to the extent reasonably possible, any harmful effect that is known
to Business Associate from any Security Incident or, after a reasonable investigation,
would be known to Business Associate.
3. Use of PHI, Business Associate may use PHI as necessary (i) for performing services
set out in the Underlying Agreement, or (ii) for carrying out its legal responsibilities,
provided in each case that such Uses are permitted under federal and state law. Covered
Entity shall retain all rights in the PHI not granted herein.
4. Disclosure of PHI. Business Associate may Disclose PHI as necessary (i) to perform
services under the Underlying Agreement, or (ii) to carry out its legal responsibilities,
provided that either (a) the Disclosure is Required by Law or (b) the Business Associate
obtains reasonable assurances from the person to whom the information is Disclosed
that the information will be held confidential and further Used and Disclosed only as
Required by Law or for the purpose for which it was Disclosed to the person, and such
person agrees to immediately notify the Business Associate of any instances of which
it is aware that the confidentiality of the information has been breached.
5. Reports, Business Associate agrees to report to Covered Entity:
5.1 Any Use or Disclosure of PHI not authorized by this BAA within five (5) days of
the Business Associate becoming aware of such unauthorized Use or Disclosure;
5.2 Any Security Incident within five (5) days of the Business Associate becoming
aware of the Security Incident; and,
5.3 Any Breach of Unsecured PHI Discovered by Business Associate, to the extent
Business Associate accesses, maintains, retains, modifies, records, stores, destroys
or otherwise holds, Uses or Discloses Unsecured PHI, unless delayed for law
enforcement purposes, without delay and in no case later than five (5) calendar days
after Discovery of the Breach, and shall include the identification of each Individual
whose Unsecured PHI has been, or is reasonably believed by Business Associate to
have been, accessed, acquired or Disclosed during such Breach. In addition,
Business Associate shall provide the Covered Entity with any other available
information that the Covered Entity is required to include in the notification to the
individual under 45 C.F.R. § 164.404(c) or as soon thereafter as information
becomes available.
Page 9 of 15
6. Agents and Subcontractors. If Business Associate discloses PHI received from Covered
Entity, or created or received by Business Associate on behalf of Covered Entity, to
agents, including a subcontractor (collectively, "Recipients"), Business Associate shall
require Recipients to agree in writing in accordance with 45 C.F.R. § 164.504(e)(1)(i)
that the Recipient will appropriately safeguard the information by imposing, at
minimum, the same restrictions and conditions that apply to the Business Associate
under this BAA.
7. Individual Rights to Access and Amendment.
7.1 Access. If Business Associate maintains a Designated Record Set on behalf of
Covered Entity, Business Associate shall permit an Individual to inspect or copy
PHI contained in that set about the Individual in accordance with the Privacy Rule
set forth in 45 C.F.R. § 164.524, as it may be amended fiom time to time, unless
excepted or a basis for denial exists under 45 C.F.R. § 164,524, as determined by
the Covered Entity. In the event a Business Associate uses or maintains an
Electronic Health Record on behalf of Covered Entity, then, as of the date required
by HITECH, an Individual' s right of access under 45 C.F.R. § 164.524 shall include
the right to obtain a copy of the PHI in an electronic format and, if the Individual
chooses in a clear, conspicuous and specific manner, to direct the Business
Associate to transmit such copy to any person designated by the Individual.
Business Associate shall respond to any request fiom Covered Entity for access by
an Individual within five (5) days of such request unless otherwise agreed to by
Covered Entity. The information shall be provided in the form or format requested,
if it is readily producible in such form or format, or in summary, if the Individual
has agreed in advance to accept the information in summary form. A reasonable,
cost based fee may be charged for copying PHI or providing a summary of PHI in
accordance with 45 C.F.R. § 164.524(c)(4), provided that any such fee relating to
a copy or summary of PHI provided in an electronic form may not be greater than
the labor costs incurred in response to the request for the copy or summary.
7.2 Amendment. Business Associate shall accommodate an Individual's right to amend
PHI or a record about the Individual in a Designated Record Set in accordance with
the Privacy Rule set forth at 45 C.F.R. § 164.526, as it may be amended from time
to time, unless excepted or a basis for denial exists under 45 C.F.R. § 164.526, as.
determined by the Covered Entity. Covered Entity shall determine whether a denial
to an amendment request is appropriate or an exception applies. Business Associate
shall notify Covered Entity within five (5) days of receipt of any request for
amendment by an Individual and shall make any amendment requested by Covered
Entity within ten (10) days of such request. Business Associate shall have a process
in place for requests for amendments and for appending such requests to the
Designated Record Set.
8. Accounting of Disclosures.
8.1 General Accounting Provisions. Business Associate shall make available to
Covered Entity in. response to a request from an Individual, information required
.for an accounting of Disclosures of PHI with respect to the Individual, in
accordance with 45 C.F.R. § 164,528, as it may be amended fiom-time to time,
Page 10 of 15
unless an exception to such Accounting exists under 45 C.F.R. § 164.528, Such
Accounting is limited to Disclosures that were made in the six (6) years prior to the
request and shall not include any Disclosures that were made prior to the
compliance date of the Privacy Rule. Business Associate shall provide such
information necessary to provide an accounting within thirty (30) days of Covered
Entity's request.
8,2 Special Provisions for Disclosures made through an Electronic Health Record. As
of the date required by HITECH, if Covered Entity uses or maintains an Electronic
Health Record with respect to PHI and if Business Associate makes Disclosures of
PHI for Treatment, Payment or Health Care Operations purposes through such
Electronic Health Record, Business Associate will provide an accounting of
Disclosures that Covered Entity has determined were for Covered Entity's
Treatment, Payment and/or Health Care Operations purposes to Individuals who
request an accounting directly fiom Business Associate. Any accounting made
pursuant to this Section 8,2 shall be limited to Disclosures made in the three (3)
years prior to the Individual's request for the accounting. The content of the
accounting shall be in accordance with 45 C.F.R. § 164,528, as it may be amended
from time to time,
8.3 Fees for an Accounting. Any accounting provided under Section 8.1 or Section 8.2
must be provided without cost to the Individual or to Covered Entity if it is the first
accounting requested by an Individual within any twelve (12) month period;
however, a reasonable, cost based fee may be charged for subsequent accountings
if Business Associate informs the Covered Entity and the Covered Entity informs
the Individual in advance of the fee, and the Individual is afforded an opportunity
to withdraw or modify the request.
9. Withdrawal of Consent or Authorization. If the use or disclosure of PHI in this BAA is
based upon an Individual's specific consent or authorization for the use of his or her
PHI, and (i) the Individual revokes such consent or authorization in writing, (ii) the
effective date of such authorization has expired, or (iii) the consent or authorization is
found to be defective in any manner that renders it invalid, Business Associate agrees,
if it has notice of such revocation or invalidity, to cease the Use and Disclosure of any
such Individual's PHI except to the extent it has relied on such Use or Disclosure, or
where an exception under the Privacy Rule expressly applies.
10, Records and Audit. Business Associate shall make available to Covered Entity and to
the Secretary of Health and Human Services ("Secretary") or her agents, its internal
practices, books, and records relating to the Use and Disclosure of PHI received from,
or created or received by, Business Associate on behalf of Covered Entity for the
purpose of determining Covered Entity's compliance with the Privacy Rule and the
Security Rule or any other health oversight agency, in a timely a manner designated by
Covered Entity or the Secretary. Except to the extent prohibited by law, Business
Associate ' agrees to notify Covered Entity immediately upon receipt by Business
Associate of any and all requests served upon Business Associate by or on behalf of
any and all government authorities relating to PHI received from, or created or received
by, Business Associate on behalf of Covered Entity.
Page 11 of 15
11. Notice of Privacy Practices. Covered Entity shall provide to Business Associate its
Notice of Privacy Practices ("Notice"), including any amendments to the Notice.
Business Associate agrees that it will abide by any Iimitations set forth in the Notice,
as it may be amended from time to time, of which it has knowledge. An amended Notice
shall not affect permitted Uses and Disclosures on which Business Associate has relied
prior to receipt of such Notice.
12. Security. Business Associate will (i) implement Administrative, Physical and
Technical Safeguards that reasonably and appropriate protect the confidentiality,
integrity and availability of the Electronic Protected Health Information that it creates,
receives, maintains, or transmits on behalf of Covered Entity as required under the
Security Rule; and (ii) ensure that any agent, including a subcontractor, to whom it
provides Electronic Protected Health Information agrees to implement reasonable and
appropriate safeguards to protect such information as required under the Security Rule.
Further, as of the date required by HITECH, Business Associate shall comply with the
standards and implementation specifications set forth in 45 C.F.R, §§ 164.308, I64.310,
164,312 and 164,316 with respect to such Administrative, Physical and Technical
Safeguards.
13. Term and Termination.
13.1 This BAA shall commence on the effective date of the Agreement and shall
remain in effect until terminated in accordance with the terms of this Section 13,
provided, however, that any termination shall not affect the respective obligations
or rights of the parties arising under this BAA prior to the effective date of
termination, all of which shall continue in accordance with their terns.
13.2 Covered Entity shall have the right to terminate this BAA for any reason upon
thirty (30) days written notice to Business Associate.
13.3 Covered Entity, at its sole discretion, may immediately terminate this BAA and
shall have no further obligations to Business Associate hereunder if any of the
following events shall have occurred and be continuing:
i) Business associate shall fail to observe or perform any material covenant
or agreement contained in this BAA for ten (10) days after written notice
thereof has been given to Business Associate by Covered Entity; or
ii) A violation by Business Associate of any provision of the Privacy Rule,
Security Rule, or other applicable federal or state privacy law.
13.4 Upon the termination of negotiations for a possible business relationship with
Covered Entity, this BAA shall terminate simultaneously without additional
notice.
13.5 Upon termination of this BAA for any reason, Business Associate agrees either
to return to Covered Entity or to destroy all PHI received from Covered Entity or
otherwise created through the performance of the Agreement Services for
Page 12 of 15
Covered Entity that is in the possession or control of Business Associate or its
agents. In the case of information for which it is not feasible to "return or destroy",
Business Associate shall continue to comply with the covenants in this BAA with
respect to such PHI and shall comply with other applicable state or federal law,
which may require a specific period of retention, redaction, or other treatment.
Termination of this BAA shall be cause for Covered Entity to terminate the
Agreement.
14, MiscelIaneous.
14.1 Notice. All notices, requests, demands and other communications required or
permitted to be given or made under this BAA shall be in writing, shall be
effective upon receipt or attempted delivery, and shall be sent by (i) personal
delivery; (ii) certified or registered United States mail, return receipt requested;
or (iii) overnight delivery service with proof of delivery. Notices shall be sent to
the addresses below.
Business Associate; Covered Entity:
City of Beaumont Spindletop Center
8001 Main 655 S. 8`t' St.
Beaumont, TX 77701 Beaumont, TX 77701
Attention: Kyle Hayes, City Manager Attention: Holly Borel, CEO
14.2 Waiver. No provision of this BAA or any breach thereof shall be deemed waived
unless such waiver is in writing and signed by the party claimed to have waived
such provision or breach. No waiver of a breach shall constitute a waiver of or
excuse any different or subsequent breach.
14.3 Assignment. Neither party may assign (whether by operation or law or otherwise)
any of its rights or delegate or subcontract any of its obligations under this BAA
without the prior written consent of the other party. Notwithstanding the
foregoing, Covered Entity shall have the right to assign its rights and obligations
hereunder to any entity that is an affiliate or successor of Covered Entity, without
the prior approval of Business Associate.
14.4 Compliance with HITECH,- Agreement to Amend BAA. The parties agree that it
is their intention (i) to comply with the privacy and security provisions contained
in HITECH and (ii) to incorporate those provisions into this BAA to the extent
required by HITECH. The parties further agree to amend this BAA to the extent
necessary'to comply with state and federal laws, including without limitation, the
Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and
HITECH, and any regulations promulgated or other guidance issued pursuant to
HIPAA and HITECH.
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14.5 Entire agreement. This BAA constitutes the complete agreement between
Business Associate and Covered Entity relating to the matters specified in this
BAA, and supersedes all prior representations or agreements, whether oral or
written, with respect to such matters. In the event of any conflict between the
terms of this BAA and the terms of any such later agreement(s), the terms of this
BAA shall control unless the terms of such later agreement comply with the
Privacy Rule and the Security Rule. No oral modification or waiver of any of the
provisions of this BAA shall be binding on either party. This BAA is for the
benefit of, and shall be binding upon the parties, their affiliates and respective
successors and assigns. No third party shall be considered a third party
beneficiary under this BAA, nor shall any third party.have any rights as -a result
of this BAA.
14.6 Governing Law. This BAA shall be governed by and interpreted in accordance
with the laws of the State where Covered Entity is located, jurisdiction and venue
in Jefferson County, Texas .
14.7 Counterparts. This BAA may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one
and the same document. In malting proof of this BAA, it shall not be necessary
to produce or account for more than one such counterpart executed by the party
against whom enforcement of this BAA is sought.
Page 14 of 15
AGREED AND ACKNOWLEDGED:
BUSINESS ASSOCIATE:
Company Name: City of Beaumont Police Department
By:
Name: Kyle Hgyes
Title: Cijy Manager
Date:I.
I.1__
COVERED ENTITY:
Spindletop C nter
By:
Name; Holly Borel
Title: Chief Executive Officer
Date:
Page 15 of 15