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HomeMy WebLinkAboutResolution - 2005-R0533 - Interlocal Memo Of Agreement - TX DSHS - HIV/AIDS Reporting & Surveillance - 11/18/2005Resolution No. 2005-RO533 November 18, 2005 Item 5.18 RESOLUTION 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, acting by and through its Health Department, an interlocal Memorandum of Agreement with regard to HIV/AIDS reporting and surveillance activities with the Texas Department of State Health Services, Public Health Region 1, and any associated documents. A copy of which Contract and any associated documents are 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 18th day of ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Tommy C den, Health Director APPROVED AS TO FORM: Donald G.an Iver, Attorney of ounse DDresf DSHS-HDconH1 V res October 27, 2005 November 32005. CONTRACT NO. Resolution No. 2005-80533 6536 LUBBOCK CITY HEALTH § MEMORANDUM OF AGREEMENT DEPARTMENT § BETWEEN LUBBOCK CITY HEALTH § DEPARTMENT AND THE STATE OF TEXAS § ON BEHALF OF THE DEPARTMENT § OF STATE HEALTH SERVICES, PUBLIC HEALTH REGION 1. 1. PARTIES AND PURPOSE 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 HIV/STD Epidemiology and Surveillance Branch 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 DSHS HIV/STD Epidemiology and Surveillance 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 Lubbock City Health Department and The State of Texas, on behalf of the DSHS PHR 1. 2. RESPONSIBILITIES OF LUBBOCK CITY HEALTH DEPARTMENT Current funding for one HIV/AIDS surveillance specialist is being provided by a State Surveillance Grant thru August 31, 2005 and continued funding is contingent upon State Surveillance Project Grant ILA number HIV/SURV-014$.1 approval that will carry the funding thru August 31, 2006. 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 PER 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 PERFORMING AGENCY'S geographic area 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 PERFORMING AGENCY'S geographic area. 3. Ensure that HIV/AIDS case reports are accurate, complete and submitted to RECEIVING AGENCY Program within 90 days of receipt of the initial laboratory or morbidity report. 4. Download and mail electronic and hard copy case reports to the RECEIVING AGENCY Program weekly by Friday close of business unless prior arrangements have been made with the RECEIVING AGENCY Program. 5. Conduct Incidence Surveillance activities in cooperation with the contractor identified to coordinate Incidence Surveillance by RECEIVING AGENCY Program. C. REGISTRY MAINTENANCE Maintain a case file on all confirmed and suspected cases of HIV infections and AIDS diagnosed and/or treated within PERFORMING AGENCY'S geographic area. 2. Follow-up pediatric HIV exposed cases every six (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 Review and provide appropriate follow-up on all suspected. HIV/AIDS cases identified by RECEIVING AGENCY 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 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. A determination of the need for public health follow-up will be made on all HIV positive test results within three (3) business days of the receipt of the test results. If no clear determination can be made within the three (3) business days, the HIV test results should be sent to a Disease Intervention Specialist (DIS) for investigation. 2 3. Assist RECEIVING AGENCY Program with other epidemiologic investigations as deemed necessary by RECEIVING AGENCY Program or 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/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 the HIV/STD Program Manager in the geographic area of the PERFORMING AGENCY. 4. Require a statement of confidentiality to be signed annually by all personnel (including IT) having access to HIV/AIDS case files, computer diskettes, and computer systems kept on file by PERFORMING AGENCY. 5. Require annual HIV surveillance security training for all personnel (including IT) having access to HIV/AIDS case files, computer diskettes and computer systems kept on file by PERFORMING AGENCY. G. PERFORMING AGENCY may release demographic analyses of local data as public information as long as it complies with the Texas Department of State Health Services, HN/STD Program Policy No. 020.061 "Publication or Release of HIV/STD Data". H. When electronically transmitting case specific information, any transmission by PERFORMING AGENCY that does not incorporate the use of an encryption package meeting AES encryption standards, will not contain identifying information or use terms easily associated with HIV or AIDS. The terms HIV or AIDS must not appear anywhere in the context of the communication, including the sender and/or recipient address and label. RECEIVING AGENCY reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. RECEIVING AGENCY Program will monitor PERFORMING AGENCY'S expenditures on a quarterly basis. If expenditures are below that projected in PERFORMING AGENCY'S total contract amount as shown in SECTION III. BUDGET, PERFORMING AGENCY'S budget may be subject to a decrease for the remainder of the Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. PERFORMING AGENCY shall authorize its staff to attend training, conferences, and meetings for which funds were budgeted and approved by RECEIVING AGENCY Program. 3 3. RESPONSIBILITIES OF DSHS PHR 1 HIV/STD PROGRAM The DSHS PHR I HIV/STD Program staff will: A. Maintain responsibility for non-HPV/AIDS STD surveillance activities including surveillance for gonorrhea, syphilis, Chlamydia and chancroid in PHR I counties not covered by other local health department entities in the region. B. Forward any HIV/AIDS morbidity reports, cases reports or other information received for persons diagnosed with HTV/AIDS in PHR I to the Lubbock City Health Department for surveillance follow-up activities. 4. RESPONSIBILITIES OF THE HIVISTD EPIDEMIOLOGY AND SURVEILLANCE BRANCH PROGRAM The DSHSHIV/STD Epidemiology and Surveillance staff will: A. Evaluate PHR 1 and Lubbock City Health Department compliance with this MOA. 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 HIV/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 H1V/STD surveillance activities and projects. 1. 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 data, keep tickler files, and make calls to Lubbock City Health Department if staff 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. n 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. b. 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. 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 DSHS 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. 6i 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. EXECUTED THIS 18th DAY OF November 2005. CITY OF LUBBOCK (Lubbock City Health Department): GAL, MAYOR ATTEST: Rebecca Garza, City Secretary Recommended By: BY: Tomm C mden, Health Director *Approved as to Form: BY: Don Vandiver, Attorney of Coun DSAS: BY: Debra Stabeno, M.P.H. Acting Assistant Commissioner Prevention and Preparedness e - BY: Sharon K. Melville, M.D., M.P.H. Manager, HIV/STD Epidemiology and Surveillance Branch 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 attorney(s). A