Common use of Data Sharing and Confidentiality Clause in Contracts

Data Sharing and Confidentiality. The Parties must implement policies and procedures to ensure that the minimum necessary Member information and data for accomplishing the goals of this MOU are exchanged timely and maintained securely and confidentially and in compliance with the requirements set forth below. The Parties must share information in compliance with applicable law, which may include the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“HIPAA”), 42 Code of Federal Regulations Part 2, and other State and federal privacy laws. For additional guidance related to sharing Members’ data and information, the Parties may reference the CalAIM Data Sharing Authorization Guidance.5 a. Data and/or Information Exchange. MCP must, and County is encouraged to, share the minimum necessary data and information to facilitate referrals and coordinate care under this MOU. The Parties must have policies and procedures for supporting the timely and frequent exchange of Member information and data, which may include sharing authorization documentation and Member demographic, contact, behavioral, and physical health information; CANS data; diagnoses; relevant physical assessments and screenings for adverse childhood experiences; medications prescribed; documentation of social or environmental needs identified; individual nursing service plan (“INSP”)/Case Plan; and known changes in condition that may adversely impact the Member’s health and/or welfare; and, if necessary, obtaining 5 CalAIM Data Sharing Authorization Guidance VERSION 2.0, available at: ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇▇/Documents/MCQMD/CalAIM-Data-Sharing-Authorization-Guidance- Version-2-Draft-Public-Comment.pdf. Member consent. The minimum necessary information and data elements to be shared as agreed upon by the Parties are set forth in Exhibit C of this MOU. The Parties must annually review and, if appropriate, update Exhibit C of this MOU to facilitate sharing of information and data. i. MCP must implement processes and procedures to ensure the Medical Records of those Members receiving County Child Welfare Services are readily accessible to ensure prompt information exchange and linkages to services, and to assist with ensuring that this population’s complex needs remain met once Members are no longer involved with County Child Welfare and/or ▇▇▇▇▇▇ care. ii. MCP must share the necessary information with County to ensure the County Liaison is made aware of Members who are enrolled in ECM and/or Community Supports and (i) are receiving County Child Welfare Services; (ii) have been involved with ▇▇▇▇▇▇ care in the past 12 months; (iii) are eligible for and/or enrolled in the Adoption Assistance Program;6 or (iv) have received Family Maintenance services7 in the past 12 months, in order to improve collaboration between County and ECM to help ensure Members have access to all available services. iii. MCP must collaborate with County to develop processes and implement strategies to ensure their systems share data, and work together to improve outcomes that require collaboration across systems, including process measures (such as appropriate cross-sector attendance at Child and Family Teams Meetings), utilization measures (such as timely and appropriate access to Medi-Cal for Kids and Teens services for each Member), and outcome measures (such as shorter intervals until placement stability, shorter time to reunification, social drivers of health disparity gap closure). • MCP and County must enter into the State’s Data Exchange Framework Data Sharing Agreement for the safe sharing of information. • If Member authorization is required, the Parties must agree to a standard consent form together to obtain a Member’s authorization to share and use information for the purposes of treatment, payment, and care coordination protected under 42 Code of Federal Regulations Part 2.]

Data Sharing and Confidentiality. The Parties must implement establish policies and procedures to ensure that the minimum necessary Member information and data for accomplishing to accomplish the goals of this MOU are exchanged timely and maintained securely and confidentially securely, confidentially, and in compliance with the requirements set forth belowbelow to the extent permitted under applicable State and federal law. The Parties must will share protected health information in compliance with applicable law("PHI") for the purposes of medical and behavioral health care coordination pursuant to Welfare and Institutions § 14184.102U), which may include and to the fullest extent permitted under the Health Insurance Portability and Accountability Act and its implementing regulations, as amended (“"HIPAA”"), 42 Code of Federal Regulations Part 2, and other State and federal privacy laws. For additional guidance related to sharing Members’ data and informationguidance, the Parties may reference should refer to the CalAIM Data Sharing Authorization Guidance.5 a. Data and/or Information Exchange. MCP must, and County is encouraged to, share the minimum necessary data and information to facilitate referrals and coordinate care under this MOU. The Parties must have policies and procedures for supporting the timely and frequent exchange of Member information and data, which may include sharing authorization documentation and Member demographic, contact, behavioral, and physical health information; CANS data; diagnoses; relevant physical assessments and screenings for adverse childhood experiences; medications prescribed; documentation of social or environmental needs identified; individual nursing service plan (“INSP”)/Case Plan; and known changes in condition that may adversely impact the Member’s health and/or welfare; and, if necessary, obtaining 5 Guidance.4 4 CalAIM Data Sharing Authorization Guidance VERSION 2.0, October 2023 available at: ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇▇/Documents/CalAIM/MCQMDECM/Documents/CalAIM-Data-Sharing-Authorization-Guidance- Version-2-Draft-Public-Comment.pdfGuidance.pdf a. Data Exchange. Except where prohibited by law or regulation, MCP and DMC State Plan County must share only the minimum necessary data and information to facilitate referrals and coordinate care under this MOU. The Parties must implement policies and procedures that support timely and frequent exchange of Member information and data, that may include behavioral health and physical health data; for ensuring the confidentiality of exchanged information and data; and, if necessary, for obtaining Member consent. The minimum necessary information and data elements to be shared as agreed upon by the Parties are set forth in Exhibit C of this MOU. To the extent permitted under applicable law, the Parties must share, at a minimum, Member demographic information, behavioral and physical health information, diagnoses, assessments, medications prescribed, laboratory results, referrals/discharges to/from inpatient or crisis services and known changes in condition that may adversely impact the Member's health and/or welfare. The Parties must annually review and, if appropriate, update Exhibit C of this MOU to facilitate sharing of information and data. i. . DMC State Plan County and MCP must implement processes establish policies and procedures to ensure implement the Medical Records following with regard to information sharing: i. A process for timely exchanging information about Members eligible for ECM, regardless of those Members receiving County Child Welfare Services are readily accessible to ensure prompt information exchange and linkages to services, and to assist with ensuring that this population’s complex needs remain met once Members are no longer involved with County Child Welfare and/or ▇▇▇▇▇▇ care.whether the DMC Provider is serving as an ECM Provider; ii. MCP must share the necessary information with A process for DMC State Plan County to ensure the County Liaison is made aware send regular frequent batches of Members who are enrolled in referrals to ECM and/or and Community Supports and (i) are receiving County Child Welfare Services; (ii) have been involved with ▇▇▇▇▇▇ care to MCP in the past 12 months; (iii) are eligible for and/or enrolled in the Adoption Assistance Program;6 or (iv) have received Family Maintenance services7 in the past 12 months, in order as close to improve collaboration between County and ECM to help ensure Members have access to all available services.real time as possible; iii. MCP must collaborate with A process for DMC State Plan County to develop processes and implement strategies to ensure their systems share datasend admission, discharge, and work together transfer data to improve outcomes that require collaboration across systemsMCP when Members are admitted to, including process measures discharged from, or transferred from facilities contracted by DMC State Plan County (e.g., perinatal residential SUD treatment facilities and any other residential services provided under the EPSDT mandate, such as appropriate cross-sector attendance at Child residential SUD treatment and Family Teams Meetings), utilization measures (such as timely and appropriate access to Medi-Cal for Kids and Teens services for each Memberwithdrawal management facilities), and outcome measures for MCP to receive this data; and iv. A process for MCP to send admission, discharge, and transfer data to DMC State Plan County when Members are admitted to, discharged from, or transferred from facilities contracted by MCP (such as shorter intervals until placement stabilitye.g., shorter time to reunificationemergency department, social drivers of health disparity gap closureinpatient hospitals, nursing facilities). • MCP and County must enter into the State’s Data Exchange Framework Data Sharing Agreement for the safe sharing of information. • If Member authorization is required, the Parties must agree to a standard consent form together to obtain a Member’s authorization to share and use information for the purposes of treatment, payment, and care coordination protected under 42 Code of Federal Regulations Part 2This process may incorporate notification requirements as described in Section 8(a)(v)(3).]