LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 510.01 Interdepartmental Memorandum of Understanding
 
Policy Category:  Administrative
Distribution Level:  Directly Operated
Responsible Party:  Contract Monitoring
 
Approved by Marvin J. Southard, DSW, Director on April 14, 2003
 
I.  PURPOSE
 
To establish a policy and procedure to protect the privacy and security of Protected Health Information (PHI) accessed, created or received by non-covered MOU Departments from or on behalf of the Covered Component. The County has Interdepartmental MOU provisions approved by the Board of Supervisors (“approved Interdepartmental MOU” or “approved MOU”) in which each MOU Department will safeguard PHI and use PHI only as permitted by the Interdepartmental MOU.
 
II.  DEFINITIONS
 
Protected Health Information: (PHI) means information that (i) is created or received by a health care provider; (ii) relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; and (iii) identifies the individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.

Covered Component: means the Department of Health Services (DHS) Department of Mental Health (DMH) and the Kirby Center Program of the Probation Department.

MOU Department: means a person or entity that perform certain functions, activities or services on behalf of the Covered Component, other than a member of the Covered Component’s workforce, requiring the use and/or disclosure of PHI.

  These functions include, but are not limited to:
 
  Claims Processing or Administration   Data Analysis
  IT Services   Quality Assurance
  Billing   Benefit Management
  Practice Management   Legal
  Auditing   Actuarial
  Accounting   Consulting
  Data Aggregation   Management Support
  Administrative Support   Accreditation
  Financial Services   Training
  Transcription   Document Destruction

The County has identified the MOU Department as:
  • Chief Administrative Office (CAO)
  • Auditor-Controller (AC)
  • Treasurer-Tax Collector (TTC)
  • Internal Services Department (ISD)
  • County Counsel
 
III.  POLICY
 
The Covered Component shall execute an approved MOU with each designated MOU Department in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule at 45 CFR, Section 164.504(e). The Covered Component and its officers, workforce members and agents shall not disclose PHI to any MOU Department in the absence of a properly executed MOU. The MOU shall state the permitted uses and disclosures of PHI by the MOU Department and state its obligations to safeguard PHI.

An Interdepartmental MOU is not required for disclosures by the Covered Component to a health care provider concerning the treatment of an individual.

Covered Component Liability for the Actions of MOU Departments The Covered Component is not responsible or liable for privacy violations of the MOU Departments. The Covered Component is not required to actively monitor or oversee the means by which the MOU Department carries out privacy safeguards or the extent to which the MOU Department abides by the privacy requirements of the MOU.

Departments participating in the MOU shall follow the Board approved Administrative Dispute Resolution Process (ADRP) to resolve disputes.
 
IV.  PROCEDURES
 
Procedures - Interdepartmental Memorandum of Understanding