HomeMy WebLinkAboutResolution - 2004-R0271 - Memorandum Of Agreement - TX Dept. Of Health - 06/09/2004\
'··"-,
~' ..
·-.........
"·.
RESOLUTION
Resolution No. 2004-R0271
June 9, 2004
Item No. 27
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Memorandum of Agreement with the
Texas Department of Health for HIV/AIDS reporting and surveillance activities and any
associated documents by and between the City of Lubbock and the Texas Department of
Health, a copy of which Memorandum of Agreement is attached hereto and which shall
be spread upon the minutes of this Council and as spread upon the minutes of this
Council shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 9th day of _____ J_u_n_e _____ , 2004.
ATTEST:
APPROVED AS TO CONTENT:
To~H~
DDres/TDHmouHIV AIDS
May 26, 2004
CITY OF LUBBOCK
STATE OF TEXAS
·1. PARTIES AND PURPOSE
§
§
§
§
§
§
Resolution No. 2004-R0271
June 9, 2004
Item No. 27
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF LUBBOCK ON
BEHALF OF THE CITY HEAL TH
DEPARTMENT AND THE STATE OF TEXAS
ON BEHALF OF THE TEXAS DEPARTMENT
OF HEAL TH, PUBLIC HEAL TH REGION 1.
Whereas, the purpose of this Memorandum of Agreement (MOA) is to formally establish the roles
and responsibilities of the Lubbock City Health Department HIV/AIDS Surveillance Program, the
Public Health Region (PHR) 1 HIV/STD Program and the Bureau of HIV and STD Prevention
surveillance program in regard to HIV/AIDS reporting and surveillance activities for the State of
Texas residents within the identified counties below; and
Whereas, the expected benefits of this MOA are: (1) HIV/STD surveillance and reporting activities
are performed in a timely, professional manner consistent with the current TDH Bureau of HIV and
STD Prevention's HIV/STD Program Operating Procedures and Standards, 2003, and any revisions.
Now, therefore this MOA, as authorized by the Interlocal Cooperation Act, Government Code
Chapter 791, Vernon's Texas Civil Statutes, is made by and between the City of Lubbock City Health
Department and The State of Texas, on behalf of the TDH PHR 1.
2. RESPONSIBILITIES OF LUBBOCK CITY HEALTH DEPARTMENT
Current funding for one HIV I AIDS surveillance specialist is being provided by a State Surveillance Grant thru
August 31, 2004 and continued funding is contingent upon State Surveillance Project Grant 4400 I approval
that will carry the funding thru August 31, 2005. The Lubbock City Health Department Staff shall:
A. Conduct active surveillance and reporting activities for human immunodeficiency virus/acquired
immunodeficiency syndrome (HIV/AIDS) for all of the counties is PHR 1: Dallam, Sherman,
Hansford, Ochiltree, Lipscomb, Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter,
Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro,
Swisher, Briscoe, Hall, Childress, Bailey, Lamb, Hale, Floyd, Motley, Cochran, Hockley,
Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza.
B. REPORTING
1. Maintain a current list of key reporting sources in the counties in PHR 1 and visit key
reporting sources at least yearly to establish and maintain communication about
reporting rules and regulations and available public health services.
2. Collect reports of HIV and AIDS cases diagnosed and/or treated within the counties in
PHR 1.
1
3. Ensure that HIV/AIDS case reports are accurate, complete and submitted to the
Bureau of HIV/STD Prevention Surveillance program within 45 days ofreceipt of the
initial laboratory or morbidity report.
4. Download and mail electronic and hard copy case reports to the Bureau of HIV/STD
Prevention Surveillance Program weekly by Friday close of business unless prior
arrangements have been made with the Bureau of HIV/STD Prevention Surveillance
program.
5. Conduct Incidence Surveillance activities in cooperation with contractor identified to
coordinate Incidence Surveillance by Bureau of HIV/STD Prevention Surveillance
Program.
C. REGISTRY MAINTENANCE
1. Maintain a case file on all confirmed and suspected cases of HIV and AIDS
diagnosed and/or treated within counties in PHR 1.
2. Follow-up pediatric HIV exposed cases every 6 months until the case has met the
CDC surveillance definition of presumptively or definitely infected or uninfected.
3. Review HIV cases at a minimum of once yearly to identify and update registry
with AIDS defining conditions.
D. SYSTEM EVALUATION
1. Review and provide appropriate follow-up on all suspected HIV I AIDS cases
identified by Bureau of HIV/STD Prevention Surveillance Program's alternate record
review systems in order to enhance case ascertainment and validate the effectiveness
of local surveillance efforts.
2. Track reporting by local sources in order to monitor the level of compliance to
reporting laws and level of case ascertainment.
3. Conduct prescribed weekly, monthly, quarterly and annual analyses to monitor trends
in the data and evaluate data quality.
E. EPIDEMIOLOGIC INVESTIGATIONS
1. Initiate epidemiologic investigations on newly reported No Identified Risk (NIR)
cases and cases of public health importance within three (3) days of receipt of case
report_through contact with appropriate health care provider or the review of medical
records
2. Determine the need for public health follow-up on all HIV positive test results within
three (3) business days of the receipt ofthe test results. If no clear determination can
be made within the three business days, the HIV test results should be sent to a
Disease Intervention Specialist (DIS) for investigation.
2
3. Assist Bureau of HIV/STD Prevention Surveillance Program with other epidemiologic
investigations as deemed necessary by Bureau of HIV/STD Prevention Surveillance
Program or the CDC.
F. CONFIDENTIALITY
1. Store all case files and computer diskettes containing patient information in a locked
file cabinet when not in use. The locked file cabinet and surveillance computer shall
be kept in a locked room with limited, controlled access.
2. Utilize passwords to access computer databases containing HIV I AIDS case data.
Passwords shall be changed monthly and known only to surveillance personnel.
3. Limit the number of persons who have keys to registry files to persons directly
involved in case reporting and their supervisor at the Lubbock City Health
Department.
4. Require a statement of confidentiality to be signed by all personnel having access to
HIV/ AIDS case files and computer diskettes and kept on file by the Lubbock City
Health Department.
5. The Lubbock City Health Department may release demographic analyses oflocal data
as public information as long as it complies with the Texas Department of Health,
Bureau of HIV and STD Prevention Policy No. 020.061 "Publication or Release of
HIV /STD Data.
3. RESPONSIBILITIES OF TDH PHR 1 HIV/STD PROGRAM
The TDH PHR 1 HIV/STD Program staff will:
A. Maintain responsibility for non-HIV/AIDS STD surveillance activities including
surveillance for gonorrhea, syphilis, Chlamydia and chancroid in PHR 1 counties not
covered by other local health department entities in the region.
B. Forward any HIV I AIDS morbidity reports, cases reports or other information received
for persons diagnosed with HIV I AIDS in PHR 1 to the Lubbock City Health
Department for surveillance follow-up activities.
4. RESPONSIBILITIES OF BUREAU OF HIV AND STD PREVENTION SURVEILLANCE
PROGRAM
The TDH Bureau of HIV and STD Prevention Surveillance Program staff:
A. Evaluate PHR 1 and Lubbock City Health Department compliance with this MOA.
3
B. Maintain the statewide HARS and STD*MIS database for surveillance and morbidity
reporting purposes.
C. Provide statewide record searches to ensure that duplication of investigative efforts is
kept at a minimum.
D. Initiate, coordinate and respond to federal research, surveillance, epidemiology, and
evaluation grant opportunities in a timely manner.
E. Serve as Texas's lead investigator for federal grants.
F. Act as liaison with CDC and participate in CDC conference calls and national meetings
about the RN/AIDS surveillance activities and special projects.
G. Disseminate information and provide technical assistance about the CDC procedures,
software and protocols to the Lubbock City Health Department staff.
H. Assure overall direction and completion of the HNISTD surveillance activities and projects.
I. Make programmatic monitoring and technical assistance visits to the Lubbock City Health
Department as needed to accomplish goals of surveillance activities and projects.
J. Track incoming d·ata, keep tickler files, and make calls to Lubbock City Health Department
staff if are not sending data, not sending it on time, or sending data that were collected
incorrectly. Clean the data and see that it gets sent in proper format to CDC surveillance.
K. Keep a centralized Texas database for each component of the surveillance evaluation
information.
L. Disseminate statewide surveillance data
M. Participate in CDC analysis and reporting of nationwide results.
5. TERM
The term of this MOA shall be for a period of one (1) year, commencing on the date of
execution of this MOA, and may be renewed annually thereafter upon mutual agreement.
6. TERMINATION
This MOA may be terminated in writing, with or without cause, by either party upon thirty
(30) days prior written notice to the other party.
4
2-oaLl -rw2 11
7. CONFIDENTIALITY
In accordance with appropriate federal and state laws and regulations of all parties, personal
identifiers of individuals having, or suspected of having any kind of health problem or any
other medical condition, are confidential.
8. SEVERABILITY
In the event that any provision of this MOA violates any applicable statute, ordinance or rule
of law in any jurisdiction that governs this MOA, such provision shall be ineffective to the
extent of such violation without invalidating any other provision of this MOA.
9. CONSTRUCTION OF AGREEMENT
The language in all parts of this MOA shall in all cases be simply construed according to its
fair meaning and not strictly for or against Lubbock City Health Department or TDH PHR 1.
The headings preceding each paragraph are for convenience only and shall not in any way be
construed to affect the meaning of the paragraphs themselves.
10. ENTIRE AGREEMENT; AMENDMENTS; NO WAIVER
This MOA contains the entire agreement between the parties with respect to the matters
covered by this MOA and supersedes all prior negotiations, agreements and employment
contracts between the parties, whether oral or in writing. This MOA may not be amended,
altered or modified except by written agreement signed by all parties of the MOA. No
provision of this MOA may be waived except by an agreement in writing signed by the
waiving party. A waiver of any term or provision shall not be construed as a waiver of any
other term or provision.
11. GOVERNING LAW
This MOA shall be governed by the State law of Texas and the Federal law and shall be
construed in accordance therewith.
12. AUTHORITY
The persons signing below have the right and authority to execute this MOA for their
respective entities and no further approvals are necessary to create a binding MOA.
5
EXECUTED THIS 9th DAY OF June 2004.
~~~~~~ ~~~~~~~~~~~~~
City of Lubbock:
Attest:
Recommended By:
*Approved as to Form:
TDH:
Sharilyn K. Stanley, M.
Associate Commission
Disease Control and Prevention
BY: SharonK. Melville, M.D., M.P.H.
Director, HIV/STD
Epidemiology Division
* By law, the City Attorney's Office may only advise or approve contracts or agreements or legal documents on behalf of
its clients. It may not advise or approve a contract or agreement or legal document on behalf of other parties. Our review
of this document was conducted solely from the legal perspective of our client. Our approval of this document was
offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and
approval by their own respective attomey(s).
6