0412041.5 COMMISSIONERS' COURT AGENDA REQUEST .~ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Barbara Nemec MEETING DATE: April 12, 2004 OFFICE: Treasurer TIlVIE PREFERRED: A.M. SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss Agreement For Professional Services between the Texas Conference of Urban Counties and Kerr County to bring the County into compliance with privacy regulations relating to HIPPA and County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Barbara Nemec ESTIMATEDLENGTH OF PRESENTATION: 5 rains. IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appr,~ciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Ads ~d by Commissioners' Court. -- AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is by and between the Texas Conference of Urban Counties (Urban Counties) and Kerr County (County) for professional services to bring the County into compliance with privacy regulations adopted by the federal Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 (FIIPAA). I. Urban Counties' Responsibilities The Urban Counties will provide turn-key services to County so that County is compliant with HIPAA privacy regulations. The specific deliverable are: 1. written privacy policies appropriate for the County; 2. business associate agreements appropriate for the County; 3 , all other documents necessary for compliance with privacy regulations; and 4. '/z day of training to implement the County's new policies. II. County's Responsibilities The County shall make available to the Urban Counties personnel knowledgeable of the County's operations that may or do collect or handle "protected health information" as r... defined in the privacy regulations adopted pursuant to HIPAA. Such personnel will be required to timely complete a questionnaire and shall be available to respond to requests for information from the Urban Counties in a timely manner. County shall also assist the Urban Counties in arranging and conducting a site visit in the County, if deemed necessary by the Urban Counties, and shall provide space for the Urban Counties to train County's personnel regarding HIPAA privacy regulations. III. Term This Agreement shall be effective from the date last executed by a party until the completion by each parry of its responsibilities under this Agreement. It is understood by the parties that compliance with the HIPAA privacy regulations is required by no later than April 14, 2004. IV. Compensation For services rendered pursuant to this Agreement, the County shall pay the Urban Counties the sum of $3,000 if the County has aself-funded employee benefit plan or $2,500 if the County does not have aself-funded employee benefit plan. The County will be invoiced upon completion of services. V. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Texas. Exclusive venue for any legal actions between the parties arising from this Agreement shall be in the Kerr County. VI. Agency It is agreed and understood that the Urban Counties is an independent contractor, and nothing herein shall be construed as creating an agency or employer/employee relationship between the parties. VII. Amendment ..- This Agreement may be amended only by written instrument duly executed by each party. Texas Conference of Urban Counties Ken County Donald Lee, Executive Director County Judge Date Date