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									•Give substance abuse and mental health treatment information
to the Department of Corrections;
•On any person who is currently receiving SA/MH treatment in
DOC custody;
•On any person who has received SA/MH treatment in our system
and is now at DOC;
•Which means we have to get protected information from DOC to
•DOC wants to use this information to help them take care of their
•We cannot get consents from most because of
•So, we want to do it without getting consents;
•There are multiple projects with multiple funding streams, dates of
actions, purposes and goals.
    The Law – State and     Agreement
     Federal                  Components:
1.    43A Section 1-109    1. Covered Entity?
2.    HIPAA                2. Program?
3.    42 CFR Part 2        3. Timeframe Issues?
                           4. What is the
    Type of Agreement         purpose/service?
1.   Business Associate    5. What exactly is
     Agreement (BAA)           shared?
2.   Qualified Service     6. Actual Structure
     Organization          7. TRUST & COMFORT
     Agreement (QSOA)
Covered Entities &             DMHSAS & DOC are both
“Programs.”                     “Covered Entities”
THE RULES:                  - just the “unit” is subject to HIPAA.
1.   One covered entity
                            - providing different services.
     can act as a BAA to
     another. 45 §160.103
                             DMHSAS is a “program.” A
     “Programs” cannot
                               portion of DOC is a
     enter into QSOA’s
     with other programs
     providing the same     - Just the “unit” is a program.
     services or with law
     enforcement. HHS
                             DOC is not law
     Opinion 78-27             enforcement.
                            - housing unit
                            - special provisions in agreement on
                                “use” of information
                               Only the “unit” has access
                                to information.
                            - minimum amount necessary
                            - helped facilitate trust between agencies
   Isn’t it all just treatment services??
    - No. The purpose of each agency isn’t to provide treatment
    services. Service was based on the specific project…i.e.
    placement, staff safety, transition from custody, etc.
   Isn’t the background just the mission of
    the agency?
    - No. It is the mission and what led to the project…i.e.
    decrease recidivism, early intervention, custody diversion,
   Isn’t the purpose just to share everything
    on everyone?
    - No. Each project is item specific, depending on
    background and purpose.
 The biggest barrier…
 Built in safety hatches, like termination,
  restricted access, signed documents,
 Lots of discussion and face to face time.
When ODOC is the “Contractor” or “Receiving Party”, the general
  purpose of this Agreement is to support implementation of the
  following ODMHSAS Strategic Plan long-term goals, themes and

a.      Provide and/or facilitate provision of needed services to
     persons in the criminal justice system;
b.      Provide and/or facilitate provision of competent services to
     traditionally under-served populations, which include
     populations in the Oklahoma Department of Corrections;
c.     Facilitate development of sufficient treatment capacity to
     address the size, composition and distribution of the state’s
     population, which includes the re-entering prison population;
d.      Facilitate provision of services to former ODMHSAS consumers
     and consumers of ODMHSAS contracted providers that
     recognize and address the comprehensive and holistic needs of
     the people served;
e.      Establish planning and partnerships with agencies such as
When ODMHSAS is the “Contractor” or “Receiving Party”, the
general purpose of this Agreement is to provide continuity of
care to individuals who have received either ODMHSAS or
ODOC mental health and/or substance abuse services,
increase identification and appropriate treatment of those
who are entering ODOC custody by addressing those mental
health and substance abuses issues identified and/or treated
by ODMHSAS and/or contracted providers of ODMHSAS while
in the community, to decrease danger to consumers, staff,
and others in ODOC custody, and address placement and
referral by addressing said issues.

These aims will be met by implementing federal grant
projects, state-funded programs and other initiatives for
providing continuity of care to consumers involved in the
criminal justice system. The federal grant projects, state-
funded programs and other initiatives, and the data to be
shared in support of each effort, are listed in Attachment
A. Attachment A may be modified at any time by consent
of the parties, which is evidenced by an affixed signature of
the Commissioner of the ODMHSAS and the Director of the
ODOC, or the respective designee of each party agency.
 Background
 Purpose
 Service
 Contractor
 Targeted Population
 Date Requested
 Variables
 Consent
 Start & End Date
 If you are ever incarcerated with the
  Oklahoma Department of Corrections, we
  may share your information with DOC for
  treatment purposes through a legally
  recognized Qualified Service Organization
  Agreement or Business Associate
 If you or your children are placed in the
  custody of the Oklahoma Department of
  Human Services, we may share your
  information for program evaluation
 43A O.S. §1-109 (Oklahoma)
 45 C.F.R. Parts 160 and 164 (HIPAA)
 42 C.R.R. Part 2
 Opinion 78-27, Office of General
  Counsel, Public Health Division, U.S.
  Department of Health and Human
  Services (Dec. 6, 1978)
 Confidentiality and Communication. A
  Guide to the Federal Drug & Alcohol
  Confidentiality Law and HIPAA. Legal
  Action Center, 2006 Edition

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