Subject:
Title
Agreement to Share Electronic Protected Health Information between AdventHealth North Pinellas and the Safety and Emergency Services Department.
label
Recommended Action:
Recommended Action
Approval and execution by the County Administrator of the data-sharing agreement between Tarpon Springs Hospital Foundation, Inc., d/b/a AdventHealth North Pinellas, and the Safety and Emergency Services (SES) Department, Pinellas County, a political subdivision of the State of Florida.
• AdventHealth North Pinellas and SES are entering into an agreement to provide for sharing of protected health information (PHI) and are responsible for complying with HIPAA, 42 C.F.R. “AdventHealth North Pinellas” includes both the AdventHealth Palm Harbor Emergency Room and the AdventHealth North Pinellas Hospital.
• To assist in making PHI available to the other party, the parties mutually agree upon permitted technology and resources to exchange PHI. Approved methods include, but are not limited to, the ESO technology platform, secure file transfer protocols, and other means which meet the requirements of HIPAA Privacy and Security.
• This agreement may be modified or amended only by a document in writing executed by the Parties with the same formality of this Agreement and shall remain in effect in perpetuity.
• There is no monetary consideration in support of this agreement. All obligations under this agreement, financial or otherwise, are to be fulfilled by the respective parties with funding from their individual budgets.
Body
Strategic Plan:
Ensure Public Health, Safety, and Welfare
2.1 Provide planning, coordination, prevention, and protective services to ensure a safe and secure community
Deliver First Class Services to the Public and Our Customers
5.1 Maximize partner relationships and public outreach
5.2 Be responsible stewards of the public’s resources
5.3 Ensure effective and efficient delivery of county services and support
Summary:
The purpose of this agreement is to establish roles and responsibilities for sharing, transmitting, using, and storing protected health information between each covered entity. Both parties seek to improve client treatment and care and fund services in the most appropriate and efficient manner, and both parties desire to enter into an agreement to provide for sharing of protected health information in compliance with HIPAA, 42 C.F.R., and other applicable statutory requirements.
Background/Explanation:
AdventHealth North Pinellas and SES are entering into this agreement to provide for sharing of protected health information in compliance with HIPAA, 42 C.F.R.
Each party is a covered entity as defined at 45 C.F.R., Section 160.103, and agrees to comply with applicable requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, codified at 42 U.S.C., Section 1320d, et seq., and the Health Information Technology for Economic and Clinical Health Act (HITECH Act), as each may be amended from time to time and any current/future regulations promulgated thereunder.
To assist in making PHI available to the other party, the parties mutually agree upon permitted technology and resources to exchange PHI. Approved methods include, but are not limited to, the ESO technology platform, secure file transfer protocols, and other means which meet the requirements of HIPAA Privacy and Security.
During the term of this Agreement, the parties agree not to use or further disclose any PHI, as defined in the Federal Privacy Regulations and Florida state law, other than as permitted by HIPAA and/or other applicable laws and regulations. Once a receiving party is in possession of such PHI, it is solely responsible for protecting such PHI and for the use, access, and disclosure of the PHI by the receiving party. The duty to protect and store PHI survives the termination of this Agreement.
This Agreement may be modified or amended only by a document in writing executed by the Parties with the same formality of this Agreement. Agreement shall remain in effect in perpetuity; however, either party may terminate the Agreement for any reason with 30 days written notice to the other party.
Fiscal Impact:
There is no monetary consideration in support of this agreement. All obligations under this agreement, financial or otherwise, are to be fulfilled by the respective parties with funding from their individual budgets.
Delegated Authority:
Authority for the County Administrator to sign this Agreement is granted under (Code Section 2-62 (a)(1)
Staff Member Responsible:
James G. Fogarty, Director, Safety and Emergency Services
Partners:
AdventHealth North Pinellas
Attachments:
Agreement