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HomeMy WebLinkAboutC23-067 Illuminate ColoradoPage 1 of 4 Data Use Agreement Summary Sheet March 8, 2023 Issue Response Study Title Family Connects Colorado Briefly describe the data included in the agreement Patient-level demographics, services received, and outcomes Briefly describe the reason for the data use To support program implementation and evaluate the impact of Family Connects in Colorado Where is the data coming from and where is it going to? Eagle County Public Health to Illuminate Colorado via the Family Connects International Salesforce Database Who will be managing data security? Family Connects International, with Illuminate Colorado as a covered entity Contact person for this DUA: Department: Tel: e-mail: Jade Woodard Illuminate Colorado (303) 845-0193 jwoodard@illuminatecolorado.org DocuSign Envelope ID: F3D62FFE-8CBA-4B18-BBCA-D070A6F90F86 Page 2 of 4 DATA USE AGREEMENT This Data Use Agreement (this “Agreement”) is entered into by and between ILLUMINATE COLORADO INC. (“Recipient”) and EAGLE COUNTY (“Covered Entity” and, together with Recipient, the “Parties” and each, a “Party”) as of the Effective Date noted on Schedule 1 (the “Effective Date”). WHEREAS, Covered Entity is providing certain Protected Health Information (“PHI”) to Recipient for the purpose(s) identified in paragraphs 4 and 5 of Schedule 1; WHEREAS, in connection with the provision of that PHI, pursuant to the Health Insurance Portability and Accountability Act (collectively, “HIPAA”) and regulations defined at 45 C.F.R. Parts 160 and 164 (“HIPAA Rules”), Covered Entity is required to obtain assurances from Recipient that Recipient will only use or disclose PHI as permitted herein; WHEREAS, the provisions of this Agreement are intended to meet the Data Use Agreement requirements of HIPAA; and WHEREAS, the Parties enter into this Agreement as a condition to Covered Entity furnishing the PHI to Recipient, and as a means of Recipient's providing assurances about use and disclosure. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions. Each capitalized term used in this Agreement and not otherwise defined, shall have the meaning given it in HIPAA. 2. Term. This Agreement shall commence on the Effective Date and continue until terminated in accordance with Section 4 below. 3. Recipient's Obligations. Recipient shall: a. Use and disclose the PHI only for the purpose(s) identified in paragraph 4 and 5 of Schedule 1, as otherwise required by HIPAA Rules, and for no other purpose; b. Use appropriate safeguards as defined under the HIPAA Rules to prevent the use and disclosure of the PHI, other than for a use or disclosure expressly permitted by this Agreement; c. Immediately report to Covered Entity any use or disclosure of the PHI other than as expressly allowed by this Agreement of which it becomes aware; d. Ensure that its employees and representatives comply with the terms and conditions of this Agreement, and ensure that its agents, Business Associates and subcontractors to whom Recipient provides the PHI agree to comply with the same restrictions and conditions that apply to Recipient hereunder; and e. Not request Covered Entity to use, or disclose more PHI than the minimum amount necessary to allow Recipient to perform its functions pursuant to the purpose identified in Schedule 1. 4. Termination. This Agreement and Recipient's authorization to use or retain PHI will remain in effect from the Effective Date until terminated. Covered Entity may terminate this Agreement and any disclosures of PHI pursuant hereto, upon 10 days notice to Recipient, if Recipient violates or breaches any material term or condition of this Agreement. Covered Entity may terminate this Agreement without cause upon 30 days written notice. Upon termination, Recipient shall promptly return or destroy the PHI in recipient’s possession that was received from Covered Entity in connection with the purpose identified on Schedule 1. If return or destruction of the PHI is not feasible, Recipient shall continue the protections required under this Agreement for the PHI consistent with the requirements of this Agreement and applicable HIPAA privacy standards. If Recipient ceases to do business or otherwise terminates its relationship with Covered Entity, Recipient agrees to promptly return or destroy all PHI in Recipient’s possession that was received from Covered Entity in a timely manner. DocuSign Envelope ID: F3D62FFE-8CBA-4B18-BBCA-D070A6F90F86 Page 3 of 4 5. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any claim, action or suit, whether state of federal, between Recipient and Covered Entity shall be Denver County, Colorado. 6. Independent Contractors. The relationship between the parties is that of independent contractors. This Agreement does not create any agency, joint venture, or partnership relationship between the parties. 7. Regulatory References and Compliance with Laws. A reference in this Agreement to the HIPAA Rules or any other applicable law means the section as in effect or as amended, and with which Covered Entity or Recipient must comply. Each party hereto represents and warrants that it shall comply with applicable law, including HIPAA and the HIPAA Rules, in the performance of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. Illuminate Colorado: Eagle County: By: ____________________________________ By: __________________________________ Name: Jade Woodard Name: Jeff Shroll Title: Executive Director Title: County Manager Date: ___________________________________ Date: _________________________________ DocuSign Envelope ID: F3D62FFE-8CBA-4B18-BBCA-D070A6F90F86 3/8/2023 3/8/2023 Page 4 of 4 Schedule 1 1. Effective Date: October 1, 2022 2. Name of Eagle County Public Health Person/Department Releasing the PHI: Released though Salesforce Database 3. Name of Recipient of the PHI: Illuminate Colorado Inc. 4. Purpose of PHI Disclosure:  Research Study Title: _________________________________________________________________ Principal Investigator: ____________________________________________________ IRB #: ________________________________________________________________ Sponsor: _______________________________________________________________  Public Health  Health Care Operations (i.e., Program implementation, fidelity monitoring, quality improvement, teaching, certification, development of clinical guidelines.)  Program Evaluation 5. The recipient of the PHI listed in #3 is permitted to use and disclose PHI for the following purpose(s): • Examine the impact of Family Connects Colorado implementation and outcomes (the “Project”). • Share PHI as a Limited Data Set with The Colorado Evaluation & Action Lab and OMNI Institute, who will be conducting the primary evaluation for the Project and with whom Illuminate Colorado has a Data Sharing Agreement. DocuSign Envelope ID: F3D62FFE-8CBA-4B18-BBCA-D070A6F90F86