1. The CHO will uphold relevant federal and state confidentiality regulations and laws that pertain to protect personal information.
2. The CHO will read, understand and comply with the HMIS Privacy Policy and the HMIS Data Sharing Policy.
3. The CHO will abide specifically by federal confidentiality regulations as contained in the Code of Federal Regulations, 42 CFR Part 2 regarding disclosure of alcohol and/or drug abuse records. In general terms, the federal rules prohibit the disclosure of alcohol and/or drug abuse records unless disclosure is expressly permitted by written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2. A general authorization for the release of medical or other information is not sufficient for this purpose. The CHO understands the federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patients
4. The Agency shall abide specifically, when applicable, with the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and corresponding regulations passed by the Federal Department of Health and Human Services.
5. The CHO will not solicit or input information from Clients into the HMIS unless it is essential to provide services, to develop reports and provide data, or to conduct evaluation or research. Furthermore,
a. The CHO must provide its Clients a verbal explanation of the HMIS and the terms of consent, and must arrange for a qualified interpreter or translator in the event that an individual is not literate in English or has difficulty understanding the consent form.
b. The CHO must post a visible HMIS Consumer Notice and HMIS Privacy Policy in the reception area and at each intake station.
c. The CHO will maintain appropriate documentation of Client consent to participate in the HMIS database, as required by the BoS HMIS Policies and Procedures.
d. The Client may sign a release of information (ROI) form stored on location. Ask for the ROI template to see what modifications should be made to your internal ROI.
e. The Agency agrees not to release any confidential information received from the HMIS database to any organization or individual without proper Client consent.
f. The Client may give oral permission to CHO personnel with written documentation of consent by a witness.
g. If a Client withdraws consent for release of information, the Agency remains responsible to ensure that the Client’s information is made unavailable to all other Partner Agencies.
h. THN does not require or imply that services must be contingent upon Client’s participation in the HMIS database. Services should be provided to Clients regardless of HMIS participation, provided the Clients would otherwise be eligible for the services.
6. The CHO is responsible for ensuring that its users comply with the requirement for informed consent and client confidentiality.
7. The CHO will ensure that all staff and volunteers issued a User ID and password for HMIS will comply with the following:
a. Read and abide by this Agency Agreement.
b. Read and abide by the BoS HMIS Policies and Procedures.
c. Read and sign the BoS HMIS User Agreement form.
d. Participate in new user privacy and security training or on-going security training on an annual basis.
e. Participate in additional trainings as required by the BoS HMIS Policies and Procedures.
f. Create a unique User ID and password, and will not share or reveal that information to anyone by written or verbal means.
8. The CHO understands the file server, which contains all Client information; including encrypted identifying Client information will be located off-site.
9. The CHO will not be denied access to Client data entered by their staff. The CHO will be bound by restrictions on data use made by the Client and diligently record in the system any such restrictions.
10. If this Agreement is terminated, THN and remaining CHOs will maintain their right to the use of all Client data previously entered by the CHO, subject to any restrictions requested by the Client.
11. The CHO may utilize its own Client ROI as long as it honors the standards dictated by the BoS. Once the Client signs the document, the CHO has consent to share the data in HMIS. Ask for the THN HMIS Client ROI template for reference.
12. The ROI will remain in effect until the Client withdraws consent, at which point the CHO is responsible for ensuring the Client’s data entered thereafter is restricted to the organization.
13. The CHO must keep signed copies of the ROI for a period of, at least, 3 (three) years.