Agenda - 09-28-2017 - Attachment A - Chapel Hill Carrboro City Schools

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Memorandum of Agreement: Chapel Hill Carrboro City Schools and MH agency laws and guidelines, including but not limited to the Health Insurance Portability and Accountability Act and NCAC documentation guidelines, applicable to providers of mental health services. Nothing in this MOA gives Agency any right to access any student educational records or personally identifiable information. 7. Confidentiality of Health Records. The parties recognize that certain health care records and transactions may be governed by the Health Insurance Portability and Accountability Act (HIPAA). Records created and maintained by the Agency in providing services to students pursuant to this MOA may be provide to CHCCS upon the receipt of written consent from the parent/guardian and/or patient, if over the age of 18. Pursuant to the U.S. Department of Education's and U.S. Department of Health and Human Services' November 2008 Joint Guidance on the Applicability of[FERPA] and [HIPAA] to Student Records, it is anticipated that any records produced or maintained by the parties in connection with this MOA will be education records subject only to FERPA, and not HIPAA, while in the possession of DPS employees. To the extent that HIPAA may be applicable to any actions of the Agency or its affiliates in connection with this MOA, the Agency shall be solely responsible for ensuring its compliance with that statute and any related regulations. The Agency shall be responsible for the storage, maintenance and confidentiality of proper medical records for the patients pursuant to this MOA. The Agency shall be responsible for fulfilling all requirements imposed by applicable law and its own medical records procedures with respect to the preparation, maintenance, security, disclosure and retention of such medical records. During the term of this MOA and thereafter, the Agency and CHCCS shall provide copies of medical records, films and reports to one another upon request to the extent appropriate consent of the patient has been obtained or authorized by law. Each party shall maintain the confidentiality of any and all records of the patients to which it may have access pursuant to the performance of its duties under this MOA. Each party shall obtain record and preserve as required by relevant law, rule or regulation any and all specific consents as may be required for any procedures performed pursuant to or within the contemplation of this MOA. 8. Criminal Background Checks. Before any of its employees or agents begin providing services on CHCCS premises, Agency shall conduct criminal background checks on each such employee. Agency shall provide CHCCS with documentation that criminal background checks were conducted on each such employee prior to hiring. Agency shall not assign any employee or agent to provide services on CHCCS premises if (1) said worker has been convicted of a felony; (2) said worker has been convicted of any crime, whether misdemeanor or felony, involving sex, violence, or drugs; or (3) said worker has engaged in any crime or conduct indicating that the worker may pose a threat to the safety or well-being of student or school personnel. CHCCS reserves the right to prohibit any individual employee of the Agency from providing services on CHCCS property or at CHCCS events if CHCCS determines, in its sole discretion that such employee poses a threat to the safety or well-being of students, school personnel or others or is for any reason disruptive to school operations. 51Page CHCCS CO-LOCATED MENTAL HEALTH SERVICES Department of Exceptional Children's Program and System of Care 2017-2018 8/2017 131