HomeMy WebLinkAbout2012-080 MOU - Ashland Hospital-Police MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding("MOU")is made between Ashland Community Healthcare Services, Inc.
dba Ashland Community Hospital ("ACH")and the Ashland, Oregon Police Department ("APD").
Section 1. Effect of MOU
This MOU is non-binding and is intended only to coordinate and facilitate cooperation between the parties to
advance the actions described herein. This MOU is not intended to and does not create a contract or any right or benefit,
procedural or substantive, enforceable at law or equity by or against either party. This MOU will not be construed to
create a partnership,joint venture or employment relationship between ACH and APD.- No employee or agent of APD
will represent himself/herself to be an employee or agent of ACH or enter into any agreement on ACH's behalf or in
ACH's name. APD will retain full control over the manner in which the services contemplated herein are carried out and
APD's employees and agents will not be entitled to workers' compensation, retirement, insurance or other benefits
afforded to employees.of ACH.
Section 2. Service$
The parties will use their best efforts in working collaboratively and in good faith to effectuate the services
described in Exhibit A ("Services") in accordance with the terms and conditions of this MOU. APD will perform
Services in a professional manner in compliance with all applicable laws and regulations and all standards and rules
reasonable established by ACH from time to time.
Section 3. Term and Termination
This MOU will be effective for a period of one year beginning January 1, 2012 unless earlier terminated by
mutual consent of both parties or at any time by either party with thirty(30) days written notice.
Section 4. Compliance With Laws
APD will comply with all federal,,state and local laws, ordinances, regulations and orders with respect to its
performance of Services.
Section 5. No Conflicting Obligations
5.1 Other Agreements. APD's performance of this MOU will not violate any other employment,
nondisclosure, confidentiality, consulting or other agreements or commitments to which APO is a party or
by which APD may be bound.
5.2 Confidential Information. Except when Oregon Public Records Law, ORS Chapter 192,provide
otherwise,APD will maintain the confidentiality of any confidential proprietary information provided to
or obtained by APD in performing Services under this MOU. If APD as a result of the work it is
performing under this MOU obtains information that ACH has in the past or is presently in violation of
any federal, state or local law, regulation or order APD will promptly notify ACH and shall not otherwise
use or disclose such information except as provided herein.
5.3 APD will not use, in the performance of Services or creation of any Proprietary Materials, or disclose to
ACH any confidential or proprietary information of any other person if such use or disclosure would
violate any obligation or duty that APD owes to such person. APD's compliance with this Section will
not prohibit, restrict or impair APD's performance of Services and its other obligations.and duties to
ACH.
Section 6. Notices
When required by terms of this MOU, the parties will give notice by personal delivery or by Certified Mail, return
receipt requested,postage prepaid or by generally recognized electronic service to the following addresses:
To ACH: Ashland Community Hospital
Chief Nursing Officer
280 Maple Street
Ashland, OR 97520
To APD: Ashland Police Department
1155 East Main Street
Ashland, OR 97520
Section 7. Confidentiality of Patient Records
APD will hold all individually identifiable patient health information("Protected Health Information")that may
be shared, transferred, transmitted or otherwise obtained pursuant to this MOU strictly confidential, and provide all
reasonable protections to prevent the unauthorized use or disclosure of such information, including but not limited to the
protection afforded by applicable federal, state and local laws and/or regulations regarding the security and the
confidentiality of patient health care information. APD will make every reasonable effort to comply with any regulations,
standards or rules promulgated pursuant to the authority of the Health Insurance Portability and Accountability Act of
1996 ("HIPAA"), including those provisions listed below. The APD may use and disclose Protected Health Information
when necessary for APD's proper management and administration(if such use of disclosure is necessary)or to carry out
APD's role under this MOU. Specifically, APD will (1)maintain safeguards as necessary to ensure that the Protected
Health Information is not used or disclosed except as provided herein; (2)mitigate, if possible, any harmful effect known
to APD of a use or disclosure of Protected Health Information by APD; (3) ensure that any subcontractors or agents to
whom it provides ACH's Protected Health Information will agree to the same restrictions and conditions that apply with
respect to such information; (4)make available respective internal practices, books and records relating to the use and
disclosure of V received from ACH to the Department of Health and Human Services or its agents; (5) incorporate any
amendments or corrections to V when notified by ACH that the information is inaccurate or incomplete; (6) return or
destroy all Protected Health Information received from ACH that APD still maintains in any form and not retain any such
Protected Health Information in any form upon termination or expiration of this MOU, if feasible or, if not feasible, APD
agrees to limit any uses of ACH Protected Health Information after this MOU's termination or expiration to those specific
uses or disclosures that make it necessary for APD to retain the information; (7) ensure applicable policies are in place for
providing the Protected Health Information to ACH to satisfy an individual's request to access their information; (8)
report to ACH any use or disclosure of Protected Health Information which is not provided for in the MOU; and (9)make
Protected Health Information available to ACH as requested to provide an accounting of disclosures to an individual who
is the subject of the information,to the extent required by HIPAA.
Ashland Community Healthcare Services, Inc. Ashland Police Department
dba Ash] d Community Hospital Ashland, Oregon
By: By:�!f �—
li 0 S L 4
[PRINT Name&Title] R1NT Name&Tine]
Date: 0b' 7 _ Date:
EXHIBIT "A"
SERVICES
1. A physician taking a person into custody pursuant to ORS.426.23 at Ashland Community Hospital ("ACH") approved
under OAR 309-033-0550, for the purpose of transport to an approved holding hospital or non-hospital facility, shall
detain the person for no more than twelve (12)hours and during that time shall:
a)Authorize the person for transportation to an approved hospital and provide transportation according to the
agreement required under OAR 309-033-0550; or
b)Release the person, if the physician determines that the person no longer is dangerous to self or others.
2. The Jackson County Mental Health Services Director may direct,pursuant to the provisions of ORS 426.233(1),
Ashland, Oregon Police Department ("APD")or an approved secure transport provider to take into custody a person who
is dangerous to self or others and in need of immediate care, custody or treatment for mental illness. APD may take a
patient to ACH or Rogue Valley Medical Center as directed by Jackson County Mental Health.
3. When transferring a person in custody to an authorized person, the peace officer shall deliver the Physician Order: 12-
Hour Hold/Involuntary Transport Form required to the authorized person.
4. Transportation to a hospital or non-hospital facility: The peace officer or approved secure transport provider shall
obtain a Physician-Certified EMTALA Form from a physician prior to transporting the person if the person's condition, in
the opinion of the physician, meets all of the following requirements:
a) The travel will not be detrimental to the person's physical health;
b)The person is dangerous to self or others; and
c)The person is in need of immediate care or treatment for mental illness.
5. APD will be responsible for transports to Medford if an APD officer is available for the transport. ACH will be
responsible for arranging transports beyond Medford or in situations where APD does not have an officer available.
6. ACH and APD will each appoint an acute care liaison to resolve difficulties, facilitate positive communication and
improve procedures for access to and collaboration of care.
7. Given the requirement to notify the receiving hospital of inter-hospital transfer, it is expected that arrangements will be
in place for prompt acceptance of the patient, such that APD are not unduly delayed awaiting medical processing.
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