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HomeMy WebLinkAboutInfo Sharing Agreement Immunization DataN22402 -oon20 17 °1 WASHINGTON STATE---• IMMUNIZATION • -INFORMATION SYSTEM Every age . Every vaccinaUon. Washington State Immunization Information System RECEIVED Information Sharing Agreement for DEPARTMENT OF HEALTH JUL 122018 EXCHANGE OF IMMUNIZATION DATA Office or lrnmu~iutlor, : Ch,,d Pt·oflle th.e Washington State Department of Healt~ ("DOH") and H ,AiJ!~d::Plan P) for the exchange of immunization records . • DOH is the public health agency that maintains the Washington State Immunization Information System ("11S "), 11S serves as a communications link, repository , and retrieval tool for data on the immun ization status of individuals ("immunization data"). 11S allows health care providers and health plans to exchange immunization data with other health care providers and health plans as authorized under Chapter 70.02 RCW. • Provider/Plan is: (check one): [ ] A public agency, corporation, or other entity with individual shareholders, members, officers, employees, contractors, or other personnel who are authorized under Washington law to provide health care or public health services to individuals . [ ] A healthcare service contractor authorized by the Washington Insurance Commissioner to sell health insurance to, and/or administer health insurance plans in Washington State. [ ] A school, school district, Head Start organization , and/or ECEAP grantee authorized to provide or coordinate healthcare services for students through personnel who are authorized under Washington law to provide such services. [ ] An individual authorized under Washington law to provide health care services to individuals. • Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Chapter 70.02 RCW, the uniform health care information act require healthcare providers to keep personal health care information confidential. Immunization records are persona l health care data . Healthcare providers may disclose immunization records to DOH under 45 Code of Federal Regulations (CFR) § 164.512(b)(1 )(i) and RCW 70.02.050(2) because DOH is a public health agency authorized to collect immunization data. • Chapter 42.48 RCW governs the release for research of confidential personal records obtained or maintained by a Washington state agency. Individually Identifiable immunization records obtained by IIS are as such personal records. Therefore, release of 11S individually identifiable immunization data for research is subject to the requirements of Chapter 42.48 RCW. • Subject to the terms and conditions of this agreement, Provider/Plan and DOH may exchange immunization records for patients cared for by Provider/Plan . The purpose of the data exchange is to improve patient care and public health . DOH 348•576 November 2017 THEREFORE, the Parties agree, 1. DEFINITIONS "Agreement" means this Agreement. "CDC" means the Centers for Disease Control and Prevention. "De-identified immunization data" means any immunization data that does not identify nor provide a reasonable or ready basis to identify an individual. "IIS Immunization Data" means demographics and immunization status of individual persons collected by I1S regardless of whether in the form of raw data or appearing in other IIS features and functions as described in Paragraph 7. Once an immunization record is entered into IIS, the record stored in the 11S database is 11S Immunization Data. "11S patient record" means the 118 Immunization Data for an individual. "Immunization record" means any record regardless of source documenting the status of individual persons. "Party" or "Parties" means either or both DOH and Provider/Plan. "Provider-verified immunization record" means a valid record produced or verified by a health care professional or facility documenting the immunization status of an individual. To be valid, the record must be in writing, dated, and indicate the name of the health care provider responsible for administering or reviewing each immunization, or a unique stamp of the provider or facility at which the provider practices. 2. DATA TRANSMISSION a. Provider/Plan shall transmit to DOH all immunization records for patients who obtain health care services from Provider/Plan. Provider/Plan shall fill all 11S data fields for which Provider/Plan has data. b. DOH shall transmit or make available to Provider/Plan all 11S Immunization Data for patients receiving health care services from Provider/Plan. 3. DATA FORMAT. The Parties shall exchange the immunization records using any of the following formats: a. Current version of the CDC's HL7 "Implementation Guide for Immunization Messaging." b. Web-based access, which is direct entry of data into IIS. c. Flat file exchange through secure file transfer protocol (SFTP). 4. DAT A QUALITY a. Both Parties shall make best efforts to provide true, accurate, and complete information including initiating entries for new patients, updating data for existing patients, and editing records that are incorrect or inaccurate. b. Provider/Plan shall not enter immunization records that Provider/Plan did not provide, except that Provider/Plan may enter (1) Provider-verified immunization records and (2) a patient's self-report of influenza vaccine and pneumococcal polysaccharide vaccine (PPSV) as necessary to complete 11S patient records. c. If at any time either Party has reason to believe that the data transmitted is not true, accurate, or complete, that Party shall promptly notify the other Party. d. DOH does not warrant the accuracy of information DOH receives from other Providers/Plans. e. Knowingly or intentionally providing false, materially inaccurate, or materially incomplete immunization data is a material breach of this Agreement subject to termination for cause under Paragraph 10. Page 2 of8 If you have a disability and need this document in another format, please call 1-800-525-0127 (711-TTY relay). DOH 348-576 November 2017 5. USE OF DATA a. Provider/Plan may use individually identifiable 11S Immunization Data solely to assist Provider/Plan in providing direct patient health care. This includes linking immunization to patient's other health care information and disclosing patient information to the patient or, as applicable, the patient's parent or guardian. b. Provider/Plan shall not access any Provider/Plan employee's 11S Immunization Data for employment purposes without written authorization of the employee. c. DOH may use both individually identifiable and de-identified immunization data for public health purposes , which includes, but is not limited to, disclosing patient information to ( 1) the patient or, as applicable, the patient's parent or guardian; (2) other health care providers who need the information for direct patient health care and have entered into an Information Sharing Agreement with DOH; (3) a health plan if the purpose is for treatment and the health plan has entered into an Information Sharing Agreement with DOH; and (4) research, if the release conforms to the requirements of Chapter 42.48 RCW. 6. DISCLOSURE OF DATA a. Provider/Plan shall not disclose in any manner any part of the 11S Immunization Data except as the law requires or this Agreement permits . b. Either Party may release or disclose an individual's immunization record received from the other Party if such release or disclosure is authorized in writing by the individual and the authorization conforms to applicable law. c. If Provider/Plan receives a third-party request for disclosure of I1S Immunization Data and determines the law requires such disclosure, Provider/Plan shall notify DOH at least ten (10) days in advance of the disclosure. DOH may seek an injunction to prevent disclosure. 7. SECURITY OF DATA a. This Agreement shall be construed to provide maximum protection to I1S Immunization Data. b. The obligations set forth in this Paragraph 7 shall survive completion, cancellation, expiration, or termination of this Agreement. c. The Parties shall strictly limit use of 11S Immunization Data to uses specified by the Agreement. Provider/Plan shall not link 11S Immunization Data with any other information or use 11S Immunization Data to identify or contact individuals except as authorized under this Agreement. d. The permission to access 11S Immunization Data is limited to Provider/Plan's principals or employees for whom Provider/plan: i. Authorized such access; ii. Trained in the disclosure and security requirements under this Agreement; Iii. Maintains on file a confidentiality agreement signed by the principal or employee, Provider/Plan may use its own confidentiality agreement but it must contain substantially the same information as the confidentiality agreement in Attachment B; and iv. Secured a user account with 11S login and password; Provider/Plan may secure user accounts by submittal of copies of fonn in Attachment C. e. Provider/plan shall: i. Assure that no one assigned an 11S user account shares their login ID or password with others or allows others to access 11S using their login ID. ii. Limit access and use of IIS Immunization Data in order that the fewest number of people see only the smallest amount of data for the least amount of time necessary to complete required work. iii. Assure that all people with access to IIS Immunization Data understand their responsibilities regarding it. iv. Retain a copy of all confidentiality agreements specified in Paragraph 7.d.iii for at least six (6) years following termination of this Agreement. Page 3 of8 If you have a disability and need this document in another format, please call l-800-525-0127 (711-TTY relay). DOH 348-576 November 2017 f. Provider shall ensure that Provider's privacy and security practices meet or exceed the standards set by state and federal law for the security of protected health information and as commensurate with Provider's obligations under the law. g. Provider/Plan shall take all steps necessary to prevent unauthorized access, use, or modifications of 11S Immunization Data. h. Provider/Plan shall notify DOH at DOHPrivacy Offlcer@doh .wa.gov of any suspected or actual security breach of IIS Immunization Data within two (2) business days of discovery. 8. OTHER FUNCTIONS AVAILABLE IN IIS . Plan/Provider may utilize without charge such other 11S functions as DOH specifically authorizes Plan/Provider to utilize. Attachment A describes 11S features and functions. 9. HOLD HARMLESS . DOH is not liable for any general, special, consequential, or other damages that may arise or claim to arise from any use of 11S Immunization Data by Provider/Plan, its employees, contractors, officers, agents, or affiliated persons. Provider/Plan shall indemnify and hold DOH harmless from any claim for damages that may arise or be claimed to arise from Provider/Plan's transmission to 11S of immunization data that is knowingly or intentionally false, materially inaccurate, or materially incomplete . 10. PERIOD OF PERFORMANCE. The Period of Performance is 5 Y ea rs from Date o f Execution unless earlier terminated as provided by this Agreement. 11. TERMINATION. a. Either Party may terminate this Agreement effective as of the end of any calendar quarter, provided the terminating Party gives written notice of termination to the other Party at least 30 days before the end of the quarter. b. Either Party may terminate this Agreement for cause after the other Party has failed to cure a material breach, provided the terminating Party gives the other Party written notice of breach and provides at least 14 days for the other Party to cure the breach. 12. SAVINGS. If funding from state, federal, or other sources is withdrawn, reduced, or limited in any way during the Period of Performance, DOH may, in whole or in part, suspend or terminate the Agreement, upon immediate notice, subject to renegotiation at DOH's discretion under the new funding limitations or conditions. 13. AMENDMENT. The Parties may amend this Agreement by mutual agreement. Such amendments are not binding unless in writing and signed by the persons authorized to bind each of the Parties. 14. APPLICABLE LAW AND VENUE. This Agreement is governed by the laws of the State of Washington. Venue is in the Superior Court of Thurston County. 15. CONTACT INFORMATION. The following persons are the contact for all communications about this Agreement. Page4 of8 If you have a disability and need this document in another format, please call 1-800-525-0127 (71 l-TTY relay). DOH 348-576 November 2017 Provider/Plan: Contact Person and Title: DOH: Mail to: Phone: Washington State Department of Health Office of Immunization and Child Profile PO Box 47843 Olympia, WA 98504-7905 360-236-3595 or 1-866-397-0337 AGREED on this ~day of __ J_~_ll\.tJ ____ . 2ollli_. By execution of this agreement, the parties so signing acknowledge they have full power and authority to enter into and perform this agreement on behalf of the signatory as well as the business entity referenced within the body of the agreement. Page 5 of 8 If you have a disability and need this document in another format, please call l-800-525-0127 (711-TTY relay). DOH 348-576 November 2017 ATTACHMENT A Services Available in the 11S DOH is solely responsible for the operation and management of I IS, which benefits patients, their care providers, health plans, public health agencies, and other entities that are concerned with assuring the effective immunization of Washington State's population . 11S is available 24 hours a day, 7 days a week, with the exception of scheduled and unexpected outages. DOH schedules system maintenance outside of regular business hours and with prior notice if possible. Available Functions 11S has several role~based access levels. DOH will grant to users only those functions necessary to conduct the user's work. The available functions in the system include , but are not limited to, the following: • Patient record demographic data query and update • Patient record vaccination data query and update • A vaccination forecast displaying vaccines due for each patient. The vaccination forecast is based on the recommended immunization schedule published by the Centers for Disease Control and Prevention (CDC) with the advice of the Advisory Committee on Immunization Practices. The vaccination forecast is subject to change if/when the CDC establishes new guidelines. DOH will incorporate such changes in 11S as soon as possible. • Vaccine ordering by providers enrolled in the State Childhood Vaccine program • Vaccine order status tracking • Vaccine management and accountability including: • Ability to complete the annual provider agreement to enroll or re~nroll in the State Childhood Vaccine program • Ability to complete vaccine accountability report(s) and electronically submit them to the local health jurisdiction • Generation of reminder/recall to contact patients due for vaccination • Record contraindication(s) for specific vaccines for each patient with specification of the reason for the contraindication or precaution • Record of adverse reactions for specific vaccine for each patient • Generation of reports including: • Patient specific vaccination reports showing detailed vaccination history and forecast • Detailed practice-based reports such as practice immunization coverage data , vaccines administered data, and vaccine lot data DOH, in its sole discretion, modify or remove available functions at any time . Page6 of8 If you have a disability and need this document in another format, please call l-800-525-0127 (711-TTY relay). DOH 348-576 November 2017 ATTACHMENT B 11S Confidentiality Agreement I understand that my employer, ________ , (insert name of Employer) has entered into an Information Sharing Agreement with the Washington Department of Health to view and/or exchange data in the Washington State Immunization Information System ("11S"). My employer has made a copy of the Agreement available to me. I understand that I am responsible for maintaining the confidentiality of any IIS Immunization Data that I have access to during the course of my employment. 11S Immunization Data means demographics and Immunization status of Individual persons collected by 11S, regardless of whether In the form of raw data or appearing in other 1IS features and functions made available to my employer. I will not share my unique IIS login code with anyone nor allow anyone to access 11S using my login code. I will not at any time, nor in any manner, either directly or indirectly divulge, disclose, release, or communicate any 11S Immunization Data to any third party unless specifically necessary to perform my assigned job duties, required by law or authorized by the person, or parent or guardian of the person, to whom the 11S Immunization Data applies. I recognize that maintaining confidentiality includes not discussing 11S Immunization Data outside of the workplace. I will limit my own access to person-specific data In IIS to that which is necessary to perform my job duties. I understand that if I discuss, release, or otherwise disclose confidential data/information outside of the scope of this policy through any means, I may be subject to disciplinary action, which may include termination of employment. Employee signature: Date: Employee name (please print): Received on (date): By: (supervisor's signature): A signed copy of this form must be on file with the Employer before employee may access I IS . Page 7 of8 If you have a disability and need this document in another format, please call l-800-525-0127 (711-TTY relay). DOH 348-576 November 2017 ATTACHMENT C Washington State Immunization Information System System User Access Account for Exchange of Immunization Data Provider/Plan Name ______________ Contract# ______ _ This worksheet Is to request user accounts to access IIS Immunization Data under the above Information Sharing Agreement. Make add itional copies of this form if needed . Fill in the requested information for each principal or employee who will need access lo I IS Immunization Data, then fax the form to 360-263-3590. Each person must create a Login ID of all letters, all numbers, or a combination of letters and numbers AT LEAST four characters long (but can be longer). Login IDs are not case sensitive . 11S will provide a temporary password for each user. The system will prompt for a new password upon logging in the first time . Questions? Please contact our Help Desk at 1-800-325-5599 or via email atWAIISHelpDesk@doh.wa.gov. Login ID : ____________ (al leas/ 4 charact6rs) Office Phone (__J __ -___ Ext. __ _ Office Email:~ ___________________ Credentials, if ru,y: _____ (e.g .. MA, RN) First Name: _____________ _ Last Name: ________________ _ Clinic Site(s): _________________________ _ Does user float between more than one clinic? _yes _no Does the user administer vaccines? __yes _no Login ID; ____________ (at /errs/ 4 characters) Office Phone L_) __ -___ Ext. __ _ Office Email : ____________________ Credentials, if ony :. _____ (e.g .. MA, RN) First Name: Last Name: ________________ _ Clinic Site(s): __________________________________ _ Does user float between more than one clinic? __yes _no Does the user administer vaccines? _yes _no Login ID: ____________ (at least 4 characters) Office Phone (__J __ -___ Ext. Office Email: ____________________ Credentials, ifany:c_ ____ (e.g., MA, RN) First Name: _____________ _ Last Name: ________________ _ ClinicSite(s): ___________________________________ _ Does user float between more than one clinic? __ yes _no Does the user administer vaccines? __yes _no Page 8 of8 If you have a disability and need this document in another format, please call l-800-525-0127 (711-TTY relay). DOH 348-576 November 2017 Today's Date 05/29/2018 Fund/Department 116-Public Health Kittitas County Review Form Grants & Contract Agreement Agenda Date Contract/Grant Information ' (j I I q ( t[)J Contract /Grant Agency: Washington State Immunization Information System Information Sharing Agreement for Exchange of Immunization Data Period Begin Date: June 19, 2018 I I Period End Date: June 19, 2023 Total Grant/Contract Amount: None Grant/Contract Number: Contract/Grant Summary: This agreement is between the Washington State Department of Health Immunization Program and the Kittitas County Public Health Department. The agreement is in place and allows health care providers and health plans to exchange immunization data with other health care providers and health plans. Recommendation for Board of Health and Board of Health Review on Department Head Signature: ~ 1 Administrator Date:~{ll Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: APPROVED AS TO FORM: /4 / . 1. {:;-!//J Date Date Signature of Board of Health member Date Financial Information Total Amount$ State Funds$ Federal Funds$ Percentage County Funds Matching Funds$ CFDA# In -Kind$ Explain Grant/Contract Review Page 1 Is Equipment being purchased? Who owns equipment? New Personnel being hired? Contact HR hiring-reporting requirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed? Yes D attach budget form No D Why not New Division Created? Revenue Code Pass Th rough Information Agency to Pass Through Amount to Pass Through $ Sub-Contract Approved Date : Prosecutor Review I Has the Prosecutor reviewed this agreement? [ Yes D No D County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted I Signature : Department: I Date : Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office Who Signed the grant application I Reviewer I Date Grant/Contract Review Page 2