HomeMy WebLinkAboutResolution - 2016-R0427 - Memo Of Understanding - TX DSHS - Limited Data Set, Txs2 - 12/01/2016Resolution No.2016-R0427
Item No.5.13
December 1.2016
RESOLUTION
BE IT RESOLVED BY Tl IE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Memorandum of
Understanding ("MOU") with the Texas Department of State Health Services ("DSHS")
regarding accessing electronic health data ("Limited Data Set")through the Texas
Syndromic Surveillance ("TxS2")system for the purpose of supporting public health
syndromic surveillance to protect the health of the citizens of Texas. Said MOU is
attached heretoand incorporated in this Resolution as if fully set forth hereinand shall be
included in the minutes of the Council.
Passed by the City Council on December 1 ,2016.
DANIEL M.POPE,MAYOR
ATTEST:
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Rebedca Garza, City Secretary
APPROVED AS TO CONTENT:
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Catherine Wells.Director of Public Health
APPROVED AS TO FORM:
Ryan#BrooKe,Assistant City Attorney
RES.MOU-COL and DS1 IS-Limited Data Set via TxS2
10-27-16
Resolution No. 2016-RO427
DEPARTMENT OF STATE HEALTH SERVICES
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) 2017-049672-001 is entered into by and
between the Texas Department of State Health Services (DSHS) and City of
Lubbock LHD ("Local Health Department" or "LHD"), who are collectively
referred to herein as the "Parties."
This MOU provides the Parties' roles and responsibilities regarding accessing electronic
health data (referred to herein as Limited Data Set) through the Texas Syndromic
Surveillance (TxS2) system for the purpose of supporting public health syndromic
surveillance to protect the health of the citizens of Texas. The Limited Data Set will, at a
minimum, meet requirements for the Medicare and Medicaid Electronic Health Record
(EHR) Incentive Programs for the meaningful use of certified EHR technology to
improve patient care. More information on the Limited Data Set can be found at
http://www.dshs.state.tx.us/txs2.
LHD intends to access the Limited Data Set, as set forth in this MOU, to support the
ongoing analysis of data to search for combinations of signs and symptoms of disease in
a population, which is expected to be useful in: identifying and responding to naturally
occurring diseases such as influenza and food -borne illness, detecting and mitigating the
effects of terrorist incidents, and serving other public health uses consistent with
applicable law. Any other uses of the Limited Data Set are prohibited.
1. Roles and Responsibilities of Parties.
The Parties will:
A. Access and receive the Limited Data Set in a secure, confidential manner in
compliance with all applicable federal and state laws governing the protection of
health -related information.
B. Use industry best practices to secure, protect, and manage the Limited Data Set. If
LHD exports data from the system, LHD assumes responsibility for the security
and privacy of the exported data.
C. Use and share data for public health purposes only or as otherwise permitted by
law or this MOU.
D. Not attempt to determine the identity of, nor contact any person whose
information is contained in the Limited Data Set unless such actions are necessary
as part of a public health investigation or otherwise fall within the authority of the
Party, as provided by Texas or federal law.
E. Promptly provide written notice to the other Party of any use or disclosure of the
Limited Data Set which violates the terms of this MOU or applicable law.
11. Roles and Responsibilities of DSHS.
DSHS will:
A. Develop and maintain the TxS2 system to receive the Limited Data Set from Data
Providers.
B. Receive and store data in one or more servers located in a secure data
environment maintained by DSHS.
C. Provide policies and procedures for requesting access and using TxS2. Policies
and procedures will be posted at hgp://www.dshs.state.tx.us/tKs2.
D. Provide the following authorized users with access, as specified, to view and
analyze data:
1. LHDs participating in TxS2 will have access to the Limited Data Set for all
of the counties within the Health Service Region (HSR) that the LHD resides
and aggregated statewide data.
2. Hospitals that participate in TxS2 will have access to all data within their
facility and aggregate statewide data.
3. The Applied Physics Laboratory at Johns Hopkins University will have
access to data as needed for system maintenance.
4. The Centers for Disease Control and Prevention (CDC), to whom DSHS
sends syndromic surveillance data in support of the National Syndromic
Surveillance Program.
5. All other government agencies with whom DSHS, by law, must share data.
E. Sponsor trainings and provide technical assistance on TxS2 usage and
capabilities.
F. Remove user access to TxS2 as requested by the LHD within five business days
of receipt of the LHD's written request.
G. Maintain a list of all authorized users of TxS2 and upon written request by the
LHD, provide the list of authorized users within that LHD's HSR to the
requesting LHD within five business days.
H. Acknowledge LHD's written requests for access to the Limited Data Set to
anyone not authorized to view data as provided in this MOU within 10 business
days.
IH. Roles and Responsibilities of LHD.
LHD will:
A. Comply with all DSHS policies and procedures for requesting access and using
TxS2. Policies and procedures will be posted at htt2://www.dshs.state.tx.us/txs2.
B. Provide a list of designated personnel authorized to access TxS2, following the
DSHS policies and procedures for requesting access to TxS2.
C. Participate in DSHS-sponsored training on TxS2 usage and capabilities.
D. Notify DSHS of designated personnel that no longer have authorization to view
TxS2 within five days.
E. Maintain a list of all authorized users of TxS2 and upon written request by DSHS,
provide the list of authorized users to DSHS within five days.
F. Use the Limited Data Set for enhanced surveillance of public health conditions or
threats, early event detection, situational awareness, retrospective analysis, and
other public health uses.
G. Not use or disclose the Limited Data Set other than as provided by this MOU or
as otherwise provided by law.
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H. Submit a written request to DSHS and obtain written permission from DSHS prior
to providing access to the Limited Data Set to anyone not authorized to view data
as provided in this MOU.
1. Ensure that any authorized agents, including a subcontractor, to whom it provides
the Limited Data Set agrees to the same restrictions and conditions to the Parties
in this MOU and in compliance with applicable federal and state law.
J. Not assign this MOU without the prior written consent of DSHS.
IV. Term of the MOU.
The MOU is effective on the date of the latter signature of the Parties and terminates on
the fifth anniversary of the effective date, unless renewed or terminated pursuant to the
terms and conditions of this MOU. The Parties may extend this MOU for one additional
five-year term, subject to terms and conditions mutually agreeable to the Parties. The
Parties agree to review this MOU on an annual basis and provide written notice to the
other party if one party determines that there is material change to the MOU. If the
Parties agree that the MOU needs to be amended then the Parties will execute a written
amendment as provided for in Section V.
V. Amendments.
Amendments to this MOU shall be in writing and signed by the Parties.
V1. Termination of MOU.
Either DSHS or LHD may terminate by providing written notice to the other Party at
least 30 days prior to the date of termination and sending the written notice by certified
mail, return receipt requested to the Party's Primary Contact as set forth below. The
effective date of termination is the date the nonterminating party receives the notice.
VIEL Primary Contacts.
All communications between the Parties shall be made through the primary contacts or
their designees to the maximum extent possible. The primary contacts are:
For DSHS:
Syndromic Surveillance Team
DSHS
P.O. Box 149347, Mail Code 1926
Atstin, TX 78714-9347
(512) 776-7770 (Office)
(512) 776-7509 (Fax)
syndromic.surveillance@dshs.state.t.x.us
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For LHD:
James Loomis
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2003
J loom i s@mylubbock.us
By signing below, the Parties acknowledge that they have read the MOU and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to
execute this MOU on behalf of the named party.
DSHS
By:
Signature of Authorized Official
Date
Printed Name and Title
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LHD
By:
Signature of Author' d Official
December 1, 2016
Date
Daniel M. Pope, Mayor
Printed Name and Title
Ryan S. Brooke
State Bar No.
24090011