HomeMy WebLinkAboutC23-328 MOU Your Hope CenterYour Hope Center
MEMORANDUM OF UNDERSTANDING
REGARDING THE DISCLOSURE AND USE OF
PROTECTED INFORMATION
This Memorandum of Understanding (“MOU”) is made and entered into ______________,
2023, by and between Behavioral Health Crisis Services, Inc. DBA Your Hope Center (“Your
Hope Center”) and Eagle County Sheriff’s Office regarding the disclosure of protected mental
health information in connection with the provision of services to inmates at the Eagle County
Detention Center.
WHEREAS, Your Hope Center will make available and/or transfer to Eagle County Sheriff’s
Office certain information in conjunction with mental health services that are confidential and
must be afforded special treatment and protection (“Protected Information”); and
WHEREAS, Eagle County Detention Center is a correctional institution as defined by 45 CFR
§ 164.501, which is permitted to receive and disclose Protected Information consistent with 45
CFR § 164.512(k)(5); and
WHEREAS, Eagle County Sheriff’s Office will have access to and/or receive from Your Hope
Center certain Protected Information, that can be used or disclosed in accordance with this MOU
and the Department of Health and Human Services (“HHS”) Health Insurance Portability and
Accountability Act (“HIPAA”) Privacy Rules, located at 45 CFR § 160 and § 164, and the
exemptions applicable to Eagle County Sheriff’s Office as a correctional institution.
NOW THEREFORE, the Parties hereby acknowledge and understand:
1. Your Hope Center is providing services to inmates at the Eagle County Detention Center
pursuant to an Agreement between Eagle County and Your Hope Center, and in connection
with those services, may disclose certain Protected Information to the Eagle County Sheriff or
his designees.
2. Eagle County Sheriff’s Office shall be permitted to use and/or disclose Protected Information
provided or made available from Your Hope Center consistent with 45 CFR § 164.512(k)(5), if
necessary for:
i. The provision of health care to such individuals;
ii. The health and safety of such individual or other inmates;
iii. The health and safety of the officers or employees of or others at the correctional
institution;
iv. The health and safety of such individuals and officers or other persons responsible
for the transporting of inmates or their transfer from one institution, facility, or
setting to another;
v. Law enforcement on the premises of the correctional institution; or
vi. The administration and maintenance of the safety, security, and good order of the
correctional institution.
DocuSign Envelope ID: B348145D-D02C-427B-B970-7E1E3049F6DF
10/13/2023
3. The parties acknowledge that the Eagle County Sheriff’s Office does not employ a duly
licensed mental health professional who can inspect the records and provide advisement to jail
personnel on what Protected Information bears on prisoners’ mental health and well-being. In
the absence of a duly licensed mental health professional, all records shall be made available
to those county personnel to the extent necessary for appropriate care and service to the Your
Hope client and to ensure the safety of those county personnel responsible for the custody and
control of such individuals, as set forth in paragraph 2 above and consistent with the HIPAA
Privacy Rule exception for law correctional institution settings.
SUBCONTRACTORS AND AGENTS EMPLOYED BY EAGLE COUNTY SHERIFF’S
OFFICE
Eagle County Sheriff’s Office hereby agrees that any and all Protected Information
provided or made available to its subcontractors or agents is subject to the same terms,
conditions, and restrictions on use and disclosure of Protected Information as agreed
upon in this MOU between Your Hope Center and Eagle County Sheriff’s Office.
RIGHTS OF INDIVIDUALS TO ACCESS INFORMATION
Your Hope Center, as a covered entity/health care provider acting under the direction of
a correctional institution, hereby agrees to make available and provide individuals the
right to inspect and receive a copy of their Protected Information, unless doing so would
jeopardize the health, safety, security, custody, or rehabilitation of the individual or of
other inmates, or the safety of any officer, employee, or other person at the Eagle
County Detention Center or responsible for transporting of the inmate, consistent with
45 CFR § 164.524(a)(2)(ii).
When appropriate, Eagle County Sheriff’s Office agrees to cooperate in making
Protected Information available to individuals for amendment and agrees to
document explicit modifications by the individual in accordance with 45 CFR §
164.526.
GOOD FAITH
Parties agree to exercise good faith in performance of this MOU.
ASSIGNMENT
Neither party has the authority to reassign this MOU without the other’s written
consent.
INTERPRETATION
Any ambiguity in this MOU shall be resolved to permit Your Hope Center and Eagle
County Sheriff’s Office to comply with HIPAA.
DocuSign Envelope ID: B348145D-D02C-427B-B970-7E1E3049F6DF
AGREED:
MENTAL HEALTH PROVIDER:
Behavioral Health Crisis Services DBA
Your Hope Center
PO Box 2127
Eagle, CO 81631
(970)306-4673
carrie@yourhopecenter.org
________________________________________ Signature
________________________________________ Name
________________________________________ Title
________________________________________ Date
Eagle County Sheriff’s Office
885 Chambers Ave
Eagle CO 81631
(970) 328-8564
james.vanbeek@eaglecounty.us
________________________________________ Signature
________________________________________ Name
________________________________________ Title
________________________________________ Date
DocuSign Envelope ID: B348145D-D02C-427B-B970-7E1E3049F6DF
Clinical Director
10/13/2023
Teresa Haynes
Sheriff
James Van Beek
10/13/2023
