Transcript Navigating the Legal Barriers to Sharing Consumer Information

•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
match;
•DOC wants to use this information to help them take care of their
population;
•We cannot get consents from most because of
fear/stigma/illness;
•So, we want to do it without getting consents;
•There are multiple projects with multiple funding streams, dates of
actions, purposes and goals.

1.
2.
3.
The Law – State and
Federal
43A Section 1-109
HIPAA
42 CFR Part 2

1.
2.
3.
4.

1.
2.
Type of Agreement
Business Associate
Agreement (BAA)
Qualified Service
Organization
Agreement (QSOA)
5.
6.
7.
Agreement
Components:
Covered Entity?
Program?
Timeframe Issues?
What is the
purpose/service?
What exactly is
shared?
Actual Structure
TRUST & COMFORT
Covered Entities &
“Programs.”
THE RULES:
1.
One covered entity
can act as a BAA to
another. 45 §160.103
2.
“Programs” cannot
enter into QSOA’s
with other programs
providing the same
services or with law
enforcement. HHS
Opinion 78-27

DMHSAS & DOC are both
“Covered Entities”
- just the “unit” is subject to HIPAA.
- providing different services.
 DMHSAS is a “program.” A
portion of DOC is a
“program.”
- Just the “unit” is a program.
 DOC is not law
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,
etc.

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,
accountability.
 Lots of discussion and face to face time.
 IT IS A GOOD THING!!

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
strategies:
a.
b.
c.
d.
e.
Provide and/or facilitate provision of needed services to
persons in the criminal justice system;
Provide and/or facilitate provision of competent services to
traditionally under-served populations, which include
populations in the Oklahoma Department of Corrections;
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;
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;
Establish planning and partnerships with agencies such as
Contractor.
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, statefunded 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
Agreement.
 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
purposes.

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
