HomeMy WebLinkAboutChildren & Youth - Children's Aid Society of Franklin County (The) 1
AGREEMENT BETWEEN
The County of Franklin, Pennsylvania
Franklin County Children and Youth Service
425 Franklin Farm Lane
Chambersburg, PA 17202
And
The Children's Aid Society of Franklin County
July 1, 2026 – June 30, 2027
This AGREEMENT (“Agreement”) is made on ___________________________, by and
between the County of Franklin, hereinafter referred to as “COUNTY,” acting as the local
authorities for the Franklin County Children and Youth Service, whose principle place of
business is 272 North Second Street, Chambersburg, Pennsylvania 17201, and The
Children's Aid Society of Franklin County whose principle place of business is located at 255
Miller Street, Chambersburg, Pennsylvania 17201 hereinafter referred to as the “Service
Provider” and shall be in force and effect from July 1, 2026 through June 30, 2027 inclusive.
WITNESSETH:
WHEREAS, the Service Provider assures that it is a qualifying entity and is in
compliance with all local, state, and federal regulations, and is desirous of making its
services available to the County; and
WHEREAS, the Service Provider has the necessary qualifications and any required
licensure to provide said services for County; and
WHEREAS, the Board of Commissioners of Franklin County has approved this
Agreement during a duly advertised meeting; and
WHEREAS, the County has the authority and duty to provide child welfare services to
children and youth by reason of:
(a) Section 2168 of the Act of August 9, 1955, P.L. 323, known as the County Code
as amended (16 P.S. Section 2169);
(b) Article VII and Article IX of the Act of July 1967, P.L. 31, known as the Public
Welfare Code, as amended; by the Act of July 5, 1976, P.L. 846, No. 148 (62 P.S.
Article IV and VII);
(c) The Juvenile Act, 42 PA C.S. Sections 6301-6365, as amended (relating to
Juvenile Matters);
(d) Section 405, Act of June 24, 1937, P.L. 2017, as amended (16 P.S. Section 2163
and 62 P.S. Section 2035, respectively), known as the County Institutions District
Law;
(e) The Child Protective Services Law, 23 Pa.C.S. Sections 6301-6385, as amended;
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(f) The Adoption Act, 23 PA C.S. Sections 2101-2938, as amended;
(g) The Adoption and Safe Families Act of 1997, P.L. 105-89
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties,
intending to be bound hereby, it is mutually understood and agreed as follows:
I. Recitals. The above recitals are incorporated herein by reference thereto and made a part
of this Agreement.
II.
Attachments. The Service Provider shall be bound by the appendices to this Agreement
as noted in Attachment A, which are incorporated herein by reference thereto and made a
part of this Agreement.
III. General Provisions.
A. In accordance with OMB Uniform Guidance, the Service Provider has been
determined to be a Contractor.
B. Service Provider acknowledges that the funds provided hereunder are federal
funds and, as such, Service Provider shall be bound by the requirements for
Contractors as outlined in Uniform Guidance, 2 C.F.R. §200 et seq. (hereinafter
“Uniform Guidance”).
C. This Agreement is subject to all applicable provisions of state and federal law and
regulations related to the provision, delivery, and funding of child welfare
services to children and youth. By entering into this Agreement, Service Provider
acknowledges by virtue of their occupation and profession, they are aware of and
understand of said applicable laws, statutes, and regulations.
D. Admissions, the provision of services and referrals shall be made without regard
to race, color, religious creed, disability, ancestry, national origin, age, or sex.
Program services shall be made accessible to eligible persons with disabilities
through the most practical and economically feasible methods available.
E. This Agreement is subject to the following mandates as set forth in the Juvenile
Act:
1. Balanced and Restorative Justice (BARJ) defines the mission of the
Pennsylvania Juvenile Justice system. The principles of balanced and
restorative justice reflect the concept that the clients of the juvenile justice
system include the victim, the community, and the offender; and each
should receive “balanced attention” and gain tangible benefits from their
interaction with the system. As appropriate to individual circumstances of
each case, the juvenile justice system must provide balanced attention to
the protection of the community, the development of competencies to
enable juveniles to become responsible and productive members of their
communities, and the imposition of accountability for offenses committed.
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Restorative justice gives priority to repairing the harm done to victims and
communities.
2. The mandated juvenile justice goals to be addressed by Service Providers
are as follows:
a. To hold juvenile offenders accountable for offenses committed.
This is the sanctioning goal, which obligates juvenile offenders to
take responsibility for their delinquent behavior by taking action to
understand and repair the harm upon the individual victim and/or
the community. Service Providers shall create opportunities for
youth to make amends to crime victims through processes that
include, but are not limited to, the payment of restitution and
community work service projects. Opportunities must be available
for the youth to understand the effects of his/her actions on others.
b. To protect the community from known juvenile offenders.
Service Providers shall strive to both ensure the juvenile remains
arrest-free and prevent the youth from victimizing others in the
treatment environment.
c. To assist juvenile offenders in developing competencies.
This is the rehabilitation goal, which empowers juvenile offenders
to leave the system more capable of being responsible and
productive members of their communities. Service Providers shall
strive to provide for measurable increases in the educational,
occupational, social, decision-making, and other cognitive skills of
the youth, as well as to address their treatment needs. It is
important that these skills be transferable outside a residential
setting.
d. To provide individual attention to each juvenile offender in
relation to their specific case. This goal reflects the need to
respond to each child in an individualized fashion based on all
relevant information, factors, and the unique circumstances of each
case. Service Providers shall strive to assess youth according to
their strengths and Criminogenic Needs as well as through
balanced and restorative justice values and evidence-based
practices. Service plans, treatment goals and reporting tools
should all reflect the unique characteristics of the youth and his/her
case as it relates to accountability, competency development, and
community protection.
e. To provide the minimum amounts of confinement that are
consistent for the protection of the community, the development of
the juvenile offender’s competency, and the juvenile offender’s
obligation to assume responsibility for offenses committed.
Service Providers should strive to engage the youth’s home
community to facilitate successful reintegration.
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F. The Service Provider shall provide their staff with training and orientation to
understand their responsibility as mandated reporters under the Child Protective
Service Law and Regulations (Title 23 Pa. C.S.A. Chapter 63). Service Provider
shall document said training and provide, upon request by the County, said
documentation to evidence satisfactory completion of this requirement. The
Service Provider shall have a process for monitoring clients’ risks and have an
expedited referral process for children/families whose risk factors increase.
Service Providers shall comply with OCYF Bulletin Number 3490-06-01, issued
March 15, 2006, by utilizing the forms provided by the County to assess safety
with each contact with families to whom services are being provided.
G. The County requires that Service Providers of foster care, group home, and
residential services adhere to Pennsylvania Juvenile Court Judges’ Commission
position (March 28, 2012) regarding personal searches of dependent and allegedly
dependent children in residential settings. The County further requires that said
Service Providers review their policies to ensure compliance with 55 PA Code §
3800.32.
H. The Service Provider, for and in consideration of the compensation hereinafter set
forth, agrees to provide services as set forth in Attachment B, Program
Description, which is incorporated by reference as though set forth fully herein.
I. When the services being provided are non-placement services, those aspects of
this Agreement, which are specific to placement services, are not applicable.
IV. This Agreement is subject to the following mandates as set forth in Act 75 of 2015 if the
Service Provider is contracted hereunder to provide “out-of-home placement” as defined
by Act 75:
A. “Reasonable and prudent parent standard” is defined by Act 75 as “the standard,
characterized by careful and sensible parental decisions that maintain the health,
safety and best interests of a child while encouraging the emotional and
developmental growth of the child, that a caregiver must use when determining
whether to allow a child in an out-of-home placement under the responsibility of
the county agency to participate in extracurricular, enrichment, cultural and social
activities.”
B. In general, the Service Provider’s administrative activities will include developing
measures, along with accompanying documentation, to assess whether sufficient
steps have been taken by the Service Provider agency to ensure the resource
family or designated staff is exercising the reasonable and prudent parent
standard; and whether sufficient steps have been taken by the Service Provider
agency to ensure the child has been provided regular, ongoing opportunities to
engage in extracurricular, enrichment, cultural and social activities; and that a
child who is 14 years of age or older, has been provided regular, ongoing
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opportunities to gain experience in mastering skills needed to transition to
successful adulthood and to manage freedom and responsibility effectively. The
assessment should include consulting the child in an age-appropriate or
developmentally-appropriate manner about the opportunities to participate in
activities; and identifying and addressing any barriers to participation.
C. Service Provider shall designate an individual to provide decision-making
authority under the reasonable and prudent parent standard for children residing in
their care in accordance with staffing and supervision requirements applicable to
the setting. Service Provider shall advise the County in writing of the designated
individual as of the execution of this Agreement and shall advise the County in
writing of any change in the designated individual prior to any change in the
designated individual, if possible, and if not possible, verbally within twenty-four
(24) hours of such change followed by a written notice to the County within three
(3) days after such verbal notice. The designated individual shall consult with the
County and the Service Provider’s caseworkers and/or staff members who are
most familiar with the child in applying the reasonable and prudent parent
standard.
D. Service Provider agencies that provide resource family care must provide training
and monitoring of resource families regarding the application and use of the
reasonable and prudent parent standard. Prior to placing any child with any
caregiver, as defined by Act 75, the Service Provider shall provide proof that the
caregiver received County-approved training in the application of the reasonable
and prudent parent standard, unless there is an emergency placement. If a child is
placed in an emergency placement after the effective date of this section, the
caregiver shall complete the County-approved training within sixty (60) days of
the emergency placement. Additionally, the Service Provider shall monitor
caregivers regarding the application and use of the reasonable and prudent parent
standard, and upon the County’s request, provide evidence of such monitoring.
V. Referral Information and Pre-placement
A. Prior to the acceptance of a child, the County shall provide the Service Provider
with referral information, which may include a family summary, social summary,
medical history, school information, and psychological and psychiatric
evaluations. In addition, the Service Provider’s program description may also
require specific referral information.
B. When the Service Provider indicates a willingness to consider the child for
placement, the County shall cooperate with the Service Provider in arranging a
pre-placement visit and/or conference. The participants may include, but are not
limited to, the child, parent or guardian, and County caseworker or probation
officer.
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C. When the County receives official notice of acceptance from the Service Provider,
the County shall provide the Service Provider with all medical, dental, and other
health reports and forms, medical/dental consents, a valid court order, information
regarding religious affiliation, and any other pertinent information upon the date
of placement. This information will include the Access/MA number or
HealthChoices MCO patient number.
D. For emergency and same-day admissions, the Service Provider may, at the request
of the County, waive the pre-placement visit and those elements of the
referral/admission packet that are not immediately available. At the time of
placement, the County, at the very least, must supply basic identifying
information and any other information about the child, which would affect the
health and welfare of the child, other children in the home/facility, the foster
parent and/or the Service Provider staff and the safety of the community. All
other required information must be submitted to the Service Provider within
fourteen (14) calendar days of the date of placement. If after fourteen (14)
calendar days, the Service Provider has not received the necessary information
about the child and family, the Service Provider will submit written notification to
the County and a copy of this notification request will be kept in the child’s
record.
E. Service Provider acknowledges that County may not have complete information
on a child or family and affirmatively assumes all risks associated with the
provision of services without complete information of all possible risks stemming
from a child or family’s condition, behavior, or associations. County agrees it
shall provide all information in its possession that is pertinent to the provision of
services to Service Provider. If the Service Provider discovers issues not revealed
in the Intake information, then Service Provider may request a review of
commitment.
VI. Service Planning
A. All parties shall work collaboratively in service planning from admission through
discharge.
B. The County shall provide a Family Service Plan [referred to as the “FSP” and as
defined by the Pennsylvania Department of Human Services (“DHS”)
regulations] outlining its goals for each child’s placement, anticipated length of
stay, treatment objectives, and family involvement. The County shall provide a
copy of any existing current FSP to the Service Provider within seven (7) calendar
days of the date of placement. Within fourteen (14) calendar days of completion,
the new, or revised, FSP and Amendment shall be provided by the County to the
Service Provider.
C. An Individual Service Plan (“ISP”), consistent with the requirements of the
regulations promulgated by the Pennsylvania Department of Human Services
(“DHS”), shall be jointly developed by the Service Provider, the County agency,
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and parties to the plan, within thirty (30) calendar days of the date of placement.
ISP must be consistent with the objectives set forth in the Family Service Plan
(FSP). The Service Provider shall give the County at least a two-week notice
when scheduling planning meetings and the Service Provider shall make every
attempt to schedule planning meetings at a time, date, and location convenient and
agreed upon by the parties to the plan.
D. The Service Provider will work with all parties to establish a family visitation
plan as part of the ISP. Such ISP shall, at a minimum, be consistent with DHS
regulations concerning the frequency, duration, and location of visitation.
Further, the ISP must include any requirements set forth by court order. It is
expected that visitation be flexible, creative, and conducive to the placement goal
and plan for permanency. Both the Service Provider and the County must be
involved in and aware of the visitation plan for each child. Transportation to and
from the visit must be made or arranged by the Service Provider. If supervised
visits are required by the Court, supervision of the visit shall be provided by the
Service Provider.
E. The County shall give the Service Provider advance notice of all court hearings.
The Service Provider must prepare a detailed progress report (in a format to be
approved by the County) for the Court for all adjudication and review hearings.
The reports must address all issues pertinent to the placement. This report should
be delivered to the County caseworker or probation officer at least three weeks in
advance of review hearings. This time frame for the provision of reports may be
increased at the discretion of the County in all, or individual cases, provided the
Service Provider is notified within a reasonable period of time. The Service
Provider is required to transport (or arrange for the transport of) children to court
hearings and provide a representative that is able to testify competently. The
County will notify the Service Provider if their presence/testimony is not required
or if the child is not expected to come to Court.
F. As required by Section 102 of the Adoption and Safe Families Act of 1997, the
Service Provider will ensure that, in the living environment provided to the child,
safety will be considered a paramount factor. Safety must be considered at each
step of the case plan and review process. The case plan “must reflect a goal to
achieve placement in a safe setting that is the least restrictive and the most
appropriate for the child.” The Service Provider must complete a Family Safety
Assessment as specified in section II (D), above.
VII. Services
A. Clothing
1. The County agrees to arrange for or provide, at the time of placement, a
basic seasonal wardrobe, sufficient to meet the child’s needs. A complete
written clothing and miscellaneous inventory, taken at the time of
placement, will be documented by the Service Provider and submitted to
the County within seven (7) calendar days. If the inventory shows an
inadequate wardrobe, an authorization for clothing purchases shall be
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given to the Service Provider by the County within seven (7) calendar
days. The Service Provider shall invoice the County for actual costs of
this clothing, up to the amount authorized ($325.00) by the County, within
sixty-(60) calendar days of the authorization. The Service Provider’s
invoice shall be accompanied by a revised clothing inventory reflecting
the purchases and copies of the receipts for all purchases. If this invoice is
not received within sixty-(60) calendar days and copies of receipts are not
provided, the County may refuse payment.
2. If a child is in placement for a period longer than one (1) year the County
agrees to provide a yearly clothing allowance. The Service Provider shall
invoice the County for actual costs of this clothing, up to the amount
authorized ($325.00) by the County, within sixty-(60) calendar days of the
authorization. The Service Provider’s invoice shall be accompanied by a
revised clothing inventory reflecting the purchases and copies of the
receipts for all purchases. If this invoice is not received within sixty (60)
calendar days and copies of receipts are not provided, the County may
refuse payment.
3. The Service Provider shall be responsible for maintaining the child’s
wardrobe for the duration of the placement (other than the initial clothing
allowance and the yearly clothing allowance.) This maintenance cost is
included as part of the per diem rate and is not reimbursable by the
County.
4. The Service Provider shall ensure that the child’s wardrobe, upon
discharge, is equivalent to the basic wardrobe required at the time of
admission. A written inventory, of the wardrobe shall be submitted by the
Service Provider, to the County, within ten (10) calendar days following
discharge.
5. In the case of an emergency/unplanned discharge that results in the child’s
clothing not leaving the Service Provider with the child, it shall be the
joint responsibility of the County and the Service Provider to make
arrangements for returning the child’s clothing and all personal items
within fourteen (14) calendar days. If arrangements are not made within
the fourteen (14) calendar days following discharge, the Service Provider
will contact the designated County contact listed on Attachment D.
B. Physical/Behavioral Health
1. It is the responsibility of the County to provide the necessary means of
payment for all physical/behavioral health care and dental expenses in the
absence of a third party payer. The County shall apply for all public
benefits on behalf of the child, including, but not limited to, Public
Assistance, Medical Assistance, HealthChoices, Social Security, or SSI.
Where applicable, the County shall be responsible for the enrollment of
the child in HealthChoices. The County shall provide the Service Provider
with Medical Assistance or Access card(s) or the information necessary to
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obtain third party payments. The County will not reimburse Service
Provider for medical, dental, psychological, and psychiatric services for
eligible children if the service is covered under Medical Assistance,
HealthChoices, or other third party coverage. When physical/behavioral
health care vendors who accept the coverage in effect for the child are not
reasonably available or accessible to the Service Provider, documentation
and a written estimate of cost of services must be provided to the County
for prior authorization of payment. The Service Provider shall submit a
written estimate for any uninsured physical/behavioral health care and
dental expense to the County. The County will respond within fourteen
(14) calendar days.
2. In an emergency situation, the above language requiring prior approval
shall not apply; however, the Service Provider shall bring the information
regarding the emergency event to the attention of the County within
twenty-four (24) hours. The Service Provider shall provide the County the
paperwork generated by the emergency event to facilitate
payment/reimbursement. The Service Provider shall use the alternatives
available that will result in the lowest cost to the County.
VIII. Contract Requirements Pursuant to the Prison Rape Elimination Act
In 2003, the Prison Rape Elimination Act (PREA) was signed into law. As a result, National
Standards to Prevent, Detect, and Respond to Prison Rape were published on the National
Register on June 20, 2012.
Some facilities licensed under 55 Pa.Code Chapter 3800 may be required to follow standards set
forth by PREA. Beginning August 30, 2013, facilities that must comply with PREA standards
will be required to have audits at specified intervals.
Pursuant to this contract between Service Provider and Franklin County, Service Provider shall
comply, if applicable, with the Prison Rape Elimination Act (PREA). As required by PREA,
facilities that must comply with PREA standards will be required to have the required audits at
specified intervals and shall provide a copy of said audit to Franklin County within ten days of
completion. Further, the Service Provider shall notify Franklin County of any violations noted in
any such audit immediately.
The Service Provider agrees that they shall fully comply with all requirements of PREA and
execution of this agreement signifies current acknowledgement of and compliance with all
requirements of PREA.
IX. Reports
A. The Service Provider shall submit to the County ISPs, progress reports, and
discharge summaries in accordance with applicable state and federal statutes,
regulations, and Bulletins; the Juvenile Court; and funding requirements.
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B. Such reports shall contain any and all information requested and shall be
submitted by the date due, or fourteen (14) calendar days prior to the date of
discharge or the date on which request for the same is made by the County.
C. Ongoing communication and coordination between the Service Provider and the
County is critical. Oral progress discussions should occur at a minimum of once
every two weeks and should be documented in the child’s record maintained by
the Service Provider.
D. Court Report submissions for juvenile offenders shall reflect progress based on
the child’s criminogenic needs as determined by the Youth Level of Service/CMI.
The report needs to address the Service Provider’s targeted approaches to
treatment and services that are research based and effective in reducing risk and
criminogenic need.
X. Transportation
A. The Service Provider shall be responsible for all transportation costs associated
with fulfillment of regulatory requirements as reflected in the program description
and calculation of per diem rates. The costs associated with unauthorized
absences are more fully defined in Section VIII. Transportation costs incurred by
the Service Provider that exceed regulatory requirements, including those ordered
by the court, will be negotiated on a case-by-case basis.
B. When transporting children, Service Providers must adhere to the following:
1. A vehicle used in transporting children (clients of the County) shall be
validly registered, insured, and inspected under 75 Pa. C.S. §§ 101-9901
(relating to the Vehicle Code).
2. A person transporting clients on behalf of the agency shall possess a valid
driver’s license of the class of vehicle being operated. The Service
Provider shall notify County if any person transporting clients on behalf of
the agency is charged with a DUI and shall immediately cease use of said
driver for transportation rendered under this Agreement.
3. The number of persons in a vehicle used to transport clients of the County
may not exceed the passenger capacity as determined by the vehicle
manufacturer and applicable laws. Safety restraints installed at the time of
manufacturing shall be used by occupants.
4. Children must be transported in a motor vehicle in accordance with Title
67, Pa Code, Chapter 102 (relating to child passenger protection).
5. Children who are younger than four (4) years of age transported in a motor
vehicle, shall be securely fastened in a safety seat belt system and a child
passenger restraint system in accordance with the manufacturer
recommendations.
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6. Children who are four (4) years of age, but younger than eight (8) years of
age, who weigh under 80 pounds, transported in a motor vehicle, shall be
securely fastened in a safety seat belt system, an appropriately fitting child
booster seat or other child passenger restraint system appropriate for their
height and weight in accordance the requirements of motor vehicle statute
and regulations and the manufacturer recommendations.
7. Children who are ages 8-18, transported in motor vehicles, shall be
fastened in a safety seat belt in accordance with the requirements of motor
vehicle statute and regulation.
XI. Unauthorized Absences
A. An unauthorized absence is defined as an absence of the child for two (2) hours or
more without permission of the Service Provider. The child is to be considered
missing or runaway after an unauthorized absence of more than two (2) hours or if
there is sufficient collateral information to believe that the child has runaway or is
otherwise missing.
B. Notification: It is the responsibility of the Service Provider to notify all
appropriate parties, including the County and police, when an unauthorized
absence occurs. Such notice shall be given orally to the police and County as
soon as practicable, but within thirty (30) minutes of the discovery of the
unauthorized absence, to be followed by written notice to the County within
twenty-four (24) hours, except where otherwise required by regulation. Service
Provider will ensure that police provide a report number and request that they
enter the missing child’s information into the National Crime Information Center
(NCIC) database. It is also the responsibility of the Service Provider to give oral
and written notice, as defined above, when the child is found or returned to the
Service Provider’s physical custody. This is in accordance with Act 94 of 2015.
C. Discharge: When there is an authorized absence, the Service Provider shall
continue to provide services or hold a space for the child for three (3) days from
the time of the authorized absence, unless the County notifies the Service
Provider that the child is to be considered discharged. When oral notice is given
by the County during the three (3) day period that the child is to be considered
discharged, the Service Provider is no longer responsible for the child and need
not accept the child back into placement. At the end of the third (3rd) day of the
unauthorized absence, the child is to be considered discharged unless the County
makes arrangements to continue service. The County shall be responsible for
payment to the Service Provider consistent with this paragraph until the time of
authorized discharge.
D. Costs of Transportation: When a child who is still in the care of the Service
Provider is found within the County or a contiguous county in which the
placement is located, the Service Provider shall be responsible for the cost of
transportation. If, with agreement of the County, the Service Provider makes
arrangements for the use of public transportation in returning the child from an
unauthorized absence, the County shall be responsible for transportation costs. In
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situations where immediate action must be taken to protect the child, the County
shall be responsible for the cost of transportation if the Service Provider has made
a good faith effort to secure approval before the child is returned. Determination
of costs under this paragraph shall be the sole discretion of the County.
XII. Authorized Absences/Home Passes
A. An authorized absence occurs when a child is permitted by the County and
Service Provider to be absent from the Service Provider’s supervision for a period
of at least twenty-four (24) hours.
B. Payment: When there is an authorized absence, the County shall continue to pay
the Service Provider the established rate for service. The length of authorized
absences and payment thereof, shall be mutually agreed upon, by the parties to
this Agreement in writing.
C. The Juvenile Court Judges Commission has adopted Standards Governing Home
Passes for Delinquent Children in Placement. To comply with these standards,
the Franklin County Juvenile Probation Department has also adopted these
standards. The Home Pass Agreement Form specifies five (5) areas of concern
that need to be evaluated prior to any formal authorization for a Home Pass. The
authorization for a Home Pass shall be negotiated by the Service Provider and the
Probation Officer. The initial request for a Home Pass by the Service Provider
shall be made to the Probation Officer ten (10) calendar days prior to the date
requested. The signature of the assigned juvenile probation officer is required for
Home Passes from non-secure as well as secure facilities. The approval of a
Juvenile Court Judge is suggested for all Home Passes from secure residential
placement facilities.
D. Respite Care: Any time the County places a child in care the County requires the
Service Provider to provide the County with the names of foster parents and the
exact location of the foster home. If the Service Provider believes that respite
care is necessary, the Service Provider must get the written approval of the
County prior to the child being placed in respite care. The names of the respite
foster parents and the exact location of the respite home and the dates of the
respite care must be provided to the County prior to the request for approval. All
respite care Service providers must be licensed and approved foster care Service
Providers.
XIII. Personal Searches of Dependent and Allegedly Dependent Children in Residential Settings
A. The PROVIDER will comply with all regulations that are set forth in the
Department of Public Welfare (DWP) Office of Children, Youth and Families
issued Policy Clarification 3800-03-01 regarding personal search and seizures. It
is important to note that this applies to delinquent/allegedly delinquent children as
well as dependent/allegedly dependent children.
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B. The PROVIDER may have a written policy describing the facility’s search and
seizure procedure but must be discussed with the child and available parent upon
admission.
C. It is the position of the Juvenile Court Judges’ Commission that personal searches
of dependent and allegedly dependent children in residential setting must be based
on reasonable suspicion that a particular child, at a particular time, is in
possession of an item (such as a weapon or illegal drugs) that poses a risk to the
safety of that child or other persons; and that such searches must be limited to
areas where the items(s) being sought could be reasonably be concealed.
D. It is the Commission’s position that intrusive administrative searches of
dependent or allegedly dependent children conducted routinely at specified times,
such as upon the children’s return from off-ground schooling or visits, should not
occur.
XIV. Extraordinary Expenses
The County is responsible for extraordinary expenses, including special services needed
by the child and non-routine transportation costs which the County has authorized in
writing. Extraordinary expenses incurred or anticipated by the Service Provider require
authorization by the County for payment. Such requests should be directed to those
individuals holding such authority as the County has authorized. Such authorized
individuals are identified in Attachment C.
XV. Discharge
A. Planned Discharge: A planned discharge is termination of service by the Service
Provider consistent with the Individual and/or Family Service Plan. The Service
Provider will be provided with a Court order authorizing the release.
B. Unplanned discharge: An unplanned discharge may occur as a result of a
determination made on the part of the County, by Order of Court, or by request of
the Service Provider to terminate services prior to the fulfillment of the individual
and/or family service plan. The County has the right to remove children from the
Service Provider’s programs at the County’s discretion, subject to applicable
regulations, and shall provide a copy of a valid court order, if appropriate, to the
Provider providing for the removal. In cases where an unplanned discharge is
requested by the Service Provider, thirty (30) calendar days written notice is
required except in cases where the health and safety of the child may be at risk.
The unplanned discharge of a child may be expedited by mutual Agreement of the
County and the Service Provider.
C. Emergency Discharge: An emergency discharge may occur when a child displays
acute behavior, including criminal behavior, which endangers the health or safety
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of the child or others. Whether a situation is an emergency shall be determined by
the Service Provider’s Executive Director, (or designee), the County’s Director of
Children, Youth, and Family Services for Children and Youth cases, and the
County’s Chief Juvenile Probation Officer for Juvenile Probation youth.
D. Responsibilities of the Service Provider at Discharge: For a planned discharge, the
Service Provider is responsible for providing the County with any original
material or documentation pertaining to the child, i.e., birth certificate, social
security card, medical insurance card, Access/MA number or HealthChoices
MCO patient number etc., an adequate seasonal wardrobe and all personal funds
and belongings of the child.
Within fourteen (14) calendar days of the discharge date, the Service Provider is required to
submit a discharge summary containing sufficient detail to facilitate future planning for the child.
In the event of an unplanned or emergency discharge, the Service Provider shall make all
original material and documentation pertaining to the child available to the County within seven
(7) calendar days. All clothing, personal funds, any other personal belongings, and a discharge
summary are to be made available to the County within fourteen (14) calendar days.
XVI. Payments
A. The County, in consideration of the services performed by the Service Provider
under this Agreement and other costs as specified, shall pay the costs of the
services rendered on a per diem or unit-of-service basis for the first and all
subsequent days of care, excluding the day of discharge. For non-placement
services, payment shall be made for both the first and last days of service. The
fee schedule and/or rates for services as agreed upon by the County and Provider
are listed in Attachment D.
B. The Service Provider will render billing statements to the appropriate County
department on said Provider’s Invoice/Letterhead on or before the fifteenth (15th)
calendar day of the month immediately following the provision of services. The
County shall make every effort to issue payment no later than thirty (30) days
from receipt of an approved accurate invoice.
C. Agreement extension: In the event that the parties are desirous of continuing the
relationship set forth in this Agreement but, as of the expiration of the term set
forth herein, have not executed a new Agreement, this Agreement shall continue
on a month to month basis under the same terms and conditions until such time as
either party shall give thirty (30) days’ notice of termination.
D. In July 2023, the Department of Human Services and the Federal Office of Civil
Rights entered into a Voluntary Resolution Agreement to resolve a complaint of
discrimination based on an Americans with Disabilities Act defined condition. As
part of this agreement, the providers with which Children and Youth Services
agencies contract with are obligated to comply with federal civil rights law and are
subject to Section 504 of the Rehabilitation Act of 1973, and its implementing
regulations. Therefore, PROVIDER agrees to comply with all regulations
regarding this resolution agreement, including but not limited to all staff
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complying with the training requirements. All current and future staff will take the
approved training available online on the eLearn website, at a frequency required
by the state, and will provide the state with an attestation of completion of these
trainings.
If the COUNTY continues to purchase services under this Agreement beyond the term specified
herein but has not executed a new contract pending finalization of the State or Federal funding
allocations, or should the parties fail to agree to rates applicable to the next Agreement year, all
terms and conditions of this Agreement shall continue to apply and be binding on the parties for
the services described herein until a new Agreement has been executed.
E. The County reserves the right to withhold payment if a discrepancy exists that
warrants a new billing statement. The County may only withhold payment for
that portion of the statement which is in dispute. It is the responsibility of the
County to notify the Service Provider of any discrepancy in the billing statement
as soon as possible, but in no case shall notice be made after the last day of the
month in which a billing statement was submitted by the Service Provider in a
timely manner.
XVII. Audit/Financial Reports
A. The Service Provider must comply with all applicable Federal and State grant
requirements including The Single Audit Act Amendments of 1996; 2 CFR Part
200 as amended, and Administration Bulletin No. 2015-03 DHS Audit Policy.
B. General policy:
1. Less than $500,000 of Combined State/Federal Funding: No Audit
Required
2. $500,000-$749,999 of Combined State/Federal Funding: Compliance
Attestation
3. $750,000 or more of Combined State/Federal Funding: Yellow Book
(GAGAS) Audit with Compliance Attestation
4. $750,000 or more of Federal Funding: Single Audit with Compliance
Attestation
C. The Service Provider is responsible for obtaining the necessary audit and securing
the services of a certified public accountant or independent governmental auditor.
D. The County reserves the right for federal and state agencies or their authorized
representatives to perform additional audits of a financial or performance nature,
if deemed necessary by County, Commonwealth or federal agencies. Any such
additional audit work will rely on work already performed by the Service
Provider's auditor and the costs for any additional work performed by the federal
or state agencies will be borne by those agencies at no additional expense to the
Service Provider.
E. Audit documentation and audit reports must be retained by the Service Provider's
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auditor for a minimum of five years from the date of issuance of the audit report,
unless the Service Provider's auditor is notified in writing by the Commonwealth,
the cognizant federal agency for audit, or the oversight federal agency for audit to
extend the retention period. Audit documentation will be made available upon
request to authorized representatives of the County, the Commonwealth, the
cognizant federal agency for audit, the oversight federal agency for audit, the
federal funding agency, or the GAO.
XVIII. Confidentiality
A. In General: The Service Provider and the County, their agents and employees
shall perform their respective obligations under this Agreement in such a manner
as to insure that records, names and identities of persons counseled, treated or
rehabilitated, including all persons formerly counseled, treated or rehabilitated,
shall remain confidential, except as disclosure is permitted by law. Photographs,
videos, and or recordings, which in any way identify a child shall not be released
without the written consent of the child, the parents and the County
representative.
B. HIPAA: The Service Provider agrees to fully and completely comply with all
federal, state and local laws, rules and regulations regarding the confidentiality or
privacy of patient information or other information or data relating to the physical
or mental health or condition of an individual (“Applicable Law”), to the extent
such information or data is created or received by the Service Provider from, on
behalf of or under a contract with the County or a person doing business with the
County. This obligation specifically includes, but is not limited to, the provisions
of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191,
and the regulations promulgated there under (collectively, “HIPAA”).
In addition, also without limiting the generality of the foregoing, the Service Provider agrees not
to use, communicate, publish or otherwise disclose any Protected Health Information to any
person, other than to the County, except upon proper authorization of the individual whose health
information is the subject of the use or disclosure, or as otherwise provided by applicable law.
The Service Provider agrees to notify the County promptly in the event of the unauthorized use
or disclosure of Protected Health Information by or on behalf of the Service Provider.
To the extent that the Service Provider provides Protected Health Information to any
subcontractor or agent, the Service Provider agrees to provide such Protected Health Information
only in accordance with applicable law and further agrees to ensure that any such subcontractor
or agent agrees to the same restrictions and conditions that apply to the Service Provider
hereunder with respect to such health information.
The Service Provider agrees to comply with any additional patient confidentiality requirement
relating to health information imposed by the Federal or Commonwealth governments or by the
County (“Other Privacy Requirements”) and to promptly execute and deliver documents and
instruments necessary in the reasonable opinion of the County to comply with applicable law and
to confirm the Service Provider's compliance with its obligations under the Applicable Law,
including but not limited to HIPAA, Other Privacy Requirements and this Confidentiality section
of this Agreement.
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The specific obligations of the Service Provider and County are addressed in the Business
Associate attachment to this Agreement (Attachment E).
In the event the County, in its sole discretion, revises its Business Associate Agreement
(BAA) during the term of the herein Agreement, Service Provider agrees to cooperate in the
execution of the revised BAA upon County’s request.
XIX. Non-Discrimination Clause
A. In carrying out the terms of this Agreement, both parties agree not to discriminate
against any employee or client or other person because of age, race, color, sex,
religious creed, national origin, marital status, handicap or sexual orientation.
The Service Provider and the County shall comply with the Contract Compliance
Regulations of the Pennsylvania Human Relations Commission, any pertinent
Executive Order of the Governor, the Federal Civil Rights Act of 1964, the Multi-
Ethnic Placement Act of 1994, the Small Business Job Protection Act of 1996 and
with all other laws, regulations, or directives prohibiting discrimination in hiring
or employment opportunities and the provision of child welfare services.
B. Pursuant to federal regulations promulgated under the authority of the Americans
with Disabilities Act, 28 C.F.R. Section 35.101 et seq., the Service Provider
understands and agrees that no individual with a disability shall, on the basis of
disability, be excluded from participation in the Agreement or from activities
provided under this Agreement. As a condition of accepting and executing this
Agreement, the Service Provider agrees to comply with the “general prohibition
against discrimination”, 28 C.F.R. Section 35.130, and all other regulations
promulgated under Title II of the Americans with Disabilities Act which are
applicable to benefits, services and activities provided by the County through
contract with outside contractors.
C. Service Provider shall provide a means by which to identify persons with Limited
English Proficiency and by which to provide services to such persons in
compliance with Section 601 of Title VI of the Civil Rights Act of 1964, 42
U.S.C. 2000d; Executive Order 13166, “Improving Access to Services for Persons
with Limited English Proficiency”, 65 FR 50121 (August 16, 2000); and HHS
Guidance, “Office for Civil Rights; Title VI of the Civil Rights Act of 1964;
Policy Guidance on Prohibition Against National Origin Discrimination As It
Affects Persons With Limited English Proficiency”, 67 FR 4968 (February 1,
2002).
XX. Drug Free Workplace Provision
By signing this Agreement, the PROVIDER, in accordance with 45 CFR Part 76 certifies that
it shall provide a drug-free workplace by:
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A. Establishing and maintaining a drug-free awareness program to inform employees
about:
1. The dangers of drug abuse in the Workplace; and
2. PROVIDER’S policy of maintaining a drug-free workplace; and
3. Any available drug counseling, rehabilitation, and employee programs; and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
B. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance, or being
under the influence of a controlled substance, is prohibited in the PROVIDER’S
workplace and specifying the actions that shall be taken against employees for
violations of such prohibitions.
C. Including the statement published pursuant to subparagraph B above, a
requirement that each employee, as a condition of employment, shall:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not later than five (5) days after such a
conviction.
D. Notify FRANKLIN COUNTY within ten (10) days after receiving notice under
subparagraph (C)(2), above, from an employee or otherwise receiving actual or
constructive notice.
E. Taking one of the following actions, within thirty (30) days of receiving notice
under subparagraph (C)(2), above, with respect to any employee who is so
convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such an employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate agency.
XXI. Conflict of Interest
A. The Service Provider agrees to notify the County in writing as soon as the Service
Provider learns that:
1. A current employee of the County has commenced, or is intending to
commence, employment with the Service Provider while continuing to
maintain County employment, or
2. A current employee of the County has performed, or is intending to
perform, services for a Service Provider as an independent contractor while
continuing to maintain County employment. Any written notice required to
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be given under this section shall specify the County employee’s name, the
nature of the County employee’s employment or the subject of the County
employee’s contract with the Service Provider, and the date on which the
County employee’s employment or contract with the Service Provider
commenced.
B. The Service Provider or its agents shall not offer or provide employees of the
Franklin County Children and Youth Service or the Franklin County Juvenile
Probation Department with gifts, promotional items, complimentary meals,
gratuities or any other form of material favor.
XXII. Insurance
All insurance provided for in this section shall be obtained under valid and enforceable policies
issued by insurers of recognized responsibility that are licensed to do business in the
Commonwealth of Pennsylvania. Certificates of insurance evidencing the existence of such
insurance shall be submitted to the County at least ten (10) calendar days before work is begun.
If the term of this Agreement coincides with the term of the Service Provider’s insurance
coverage, a certificate of insurance from the expiring policy will be acceptable, but a certificate
evidencing renewed coverage or a new policy must be presented to the County no later than
thirty (30) calendar days after effective date of the policy.
Each policy and certificate of insurance shall contain an endorsement naming the County as an
additional insured party there under and a provision requiring that at least thirty (30) calendar
days prior written notice be given to the County in the event the policy is canceled, not renewed
or the limits of coverage are reduced.
If the Service Provider desires to self-insure any, or all, of the coverages listed in this section, it
shall provide to the County documentation that such self-insurance has received all the approvals
required by law or regulation, as well as the most recent audited financial statement of the
Service Provider’s insurance. Any coverage that is self-insured shall provide the same coverage,
limits, and benefits as the coverage listed in this section.
If the Service Provider fails to obtain or maintain the required insurance, the County shall have
the right to treat such failure as a material breach of the Agreement and to exercise all
appropriate rights and remedies.
The Service Provider shall procure and maintain insurance in full force and effect covering the
scope of the services rendered under this Agreement in the types and limits specified below. In
addition to the insurance coverage and limits specified herein, the Service Provider shall obtain
any other insurance coverage as may be required by law.
A. General Liability Insurance:
1. Limits of Liability: $1,000,000 per occurrence; $1,000,000 in the aggregate.
2. Coverage: Premises operations, contractual liability, personal injury, products
liability, and completed operations, vicarious liability for independent
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contractors, employees and volunteers as additional insured’s, and completed
operations coverage.
B. Workers’ Compensation and Employers’ Liability Insurance:
1. Limits of Liability: Workmen’s Compensation – Statutory Limits.
2. Other States’ coverage and Pennsylvania endorsement.
3. Employers’ Liability - Statutory Limits.
C. Automobile Liability:
1. Limit of Liability: $1,000,000 per occurrence combined single limit for bodily
injury and property damage liability.
2. Coverage: Owned, non-owned, and hired vehicles. Coverage limits apply.
D. Professional Liability Insurance:
1. Limit of Liability: $1,000,000 per occurrence; $3,000,000 in the aggregate.
2. Coverage for occurrences happening during the performance of services
required under this Agreement shall be maintained in full force and effect
under the policy. If coverage is on a claims-made basis, the policy shall
include “tail coverage” for up to a two-year period of exposure.
E. Subcontractors for Direct Client Services:
The Service Provider shall include all subcontractors as insured under its policies or shall furnish
separate certificates, endorsements or other proof of coverage for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated in this Agreement.
XXIII. Service Provider Responsibility Provisions
A. The Service Provider certifies that it is not currently under suspension or
debarment by any federal, state or local government or agency, and if the Service
Provider cannot so certify, then it agrees to submit a written explanation of why
such certification cannot be made.
B. If the Service Provider enters into subcontracts or employs under this Agreement
any subcontractors/individuals who are currently suspended or debarred by the
County, Commonwealth or federal government, or who become suspended, or
debarred, by the Commonwealth or federal government during the term of this
Agreement, or any extension or renewals thereof, the County or Commonwealth
shall have the right to require the Service Provider to terminate such subcontracts
or employment.
C. The Service Provider agrees to reimburse the County or Commonwealth for the
reasonable costs of investigating the Service Provider’s compliance with terms of
this or any other Agreement between the Service Provider and the County or
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Commonwealth which result in the suspension or debarment of the Service
Provider or its subcontractor. Such costs shall include, but are not limited to, the
salaries of investigators, including overtime, travel and lodging expenses, and
expert witness and documentary fees. The Service Provider shall not be
responsible for investigative costs that do not result in the Service Provider’s or
subcontractor’s suspension or debarment.
D. The Service Provider may obtain the current list of suspended and debarred
contractors by contacting the:
Department of General Services
Office of Chief Counsel
603 North Office Building
Harrisburg, PA 17125
Phone: (717) 763-6472
FAX: (717) 787-9138
XXIV. Fiscal and Program Records
Service Provider agrees to maintain books, records, documents and other evidence pertaining to
the costs and expenses of this Agreement (hereinafter referred to in this paragraph XX as "the
records"), to the extent and in such detail as will properly reflect all net costs, direct and indirect,
of labor, materials, equipment, supplies and services and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this contract. If the Service
Provider is not a public body, Service Provider agrees to maintain books, records, documents and
other evidence in accordance with accounting procedures and practices which meet generally
accepted accounting principles, or as otherwise required by County.
Service Provider agrees to make available at the Office of the Service Provider at all reasonable
times during the term of this Agreement and the period set forth in Paragraph XXI below, any of
the records for inspection, audit, or reproduction by any authorized representative of the
Department, the Department's Comptroller, the Auditor General, the Inspector General, Federal
auditors.
The provisions of this Paragraph XX shall be applicable to and included in each sub-contract
hereunder.
XXV. Record Retention Requirements:
All records shall be retained pursuant to the provisions of this paragraph.
A. Service Provider shall preserve and make available its records for a period of five
(5) years from the date of final payment by FCCYS to Service provider, and for
such period, if any, as is required by regulation Title 55 PA Code Chapter
3140.48 and/or any applicable statute, by any other paragraph of this Agreement,
or by sub-paragraphs (1) or (2) below.
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(1) If this Agreement is completely or partially terminated, the records
relating to the work terminated shall be preserved and made available for a
period of five (5) years from the date of any resulting final payment.
(2) Records which relate to litigation or the settlement of claims arising
out of the performance of this Agreement, or costs and expenses of this
Agreement as to which exception has been taken by the auditors, shall be
retained by the Service Provider until such litigation, claims, or exceptions
have been disposed of.
B. Except for the records described in sub-paragraph A(2) above, the Service
Provider may, in fulfillment of its obligation to retain its records as required by
this paragraph, substitute photographs, microphotographs, or other authentic
reproductions of such records, after the expiration of two (2) years following the
last day of the month of reimbursement to the Service Provider of the invoice or
voucher to which such records relate, unless a shorter period is authorized by
DHS, with the concurrence of the auditors.
C. Additionally, other regulations may supersede the aforementioned retention
requirements, such as the Health Insurance Portability and Accountability Act
(HIPAA). At a minimum, HIPAA requires all client-identifying information to be
retained for a period of six (6) years after final service payment. Service provider
should consult HIPAA regulations for complete compliance requirements.
XXVI. Relationship of Parties
Service Provider, its employees, representatives, and subcontractors shall not be considered and
shall not hold themselves out as the employees or representatives of the County. The basic
relationship between the Service Provider and the County is that of independent contractors.
Service Provider does not have the authority to bind the County.
XXVII. Hold Harmless Provision – Indemnification
Service Provider, its employees, agents, subcontractors or anyone acting under the Service
Provider’s control in the performance of the requirements of this Agreement, shall indemnify and
hold the County harmless from and against any and all liabilities, losses, settlements, claims,
demands and expenses of any kind (including but not limited to court costs and attorneys’ fees),
which may result or arise out of any one or more of the following:
A. The acts or omissions of Service Provider, including any act or omission
constituting a breach of this Agreement;
B. any dispute with or claims by Service Provider’s subcontractors, agents, clients or
other contractors; and
C. any alleged defamation, breach of contract, malpractice, fraud, negligence or
intentional misconduct caused or purported to have been caused by Service
Provider, its agents, employees, subcontractors or representatives in the
performance or omission of any act or responsibility of Service Provider under
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this Agreement. Service Provider’s obligations under this section shall survive
termination or cancellation of this Agreement.
D. County does not waive any rights or protections of governmental immunity in
accordance with the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. 8541 et.
seq. and in accordance with such limits of liability set forth in the Act.
XXVIII. Force Majeure
The Service Provider hereto shall not be held responsible for delay or failure to perform
hereunder when such delay or failure is due to fire, flood, epidemic, strike, acts of God or the
public enemy, unusually severe weather, legal acts of the public authorities, or delay or default
which cannot reasonably be foreseen or provided against.
XXIX. DHS Approval to Operate
The Service Provider shall ensure that it and all staff and/or foster homes furnished in connection
with the services supplied under the Contract possess all necessary licenses, credentials,
certifications, clearances, and foster home approval letters as required by applicable law and
contract (Act 47 Child Protective Services Law). These shall include, without limitation, all
licenses required to be reimbursable for Medical Assistance, Title IV-E, Temporary Assistance
for Needy Families or other third party reimbursements.
The Service Provider shall provide copies of said documentation to the County, including,
without limitation, all licenses, foster home approval letters and clearances. Foster home
approval letters shall include the foster parents’ names, current address, and the effective date of
Compliance.
The Service Provider shall notify the County in writing within three (3) working days of
notification of any loss/change in status of its DHS license/certificate of compliance/approval to
operate for any of the services being provided to the County. The Service Provider shall also
notify the County in writing, within three (3) working days, of any finding or determination of a
provisional status of any foster home providing care for children referred by the County to
address Title IV-E placement maintenance payment and eligibility requirements.
XXX. Assignment
The Service Provider shall not assign/subcontract any part of this Agreement without prior
written approval of the County.
XXXI. Rights in Data
A. Definition: The term “data” as used herein, includes written reports,
electronic communication, drawings, studies, and work of any similar nature
which is required to be delivered under this Agreement. It does not include
Service Provider’s financial reports or other information incidental to the
administration of this Agreement.
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B. Rights in Data and Copyrights: Any and all data prepared by the Service
Provider in connection with the services contemplated under this Agreement shall
become the exclusive property of the County and the County shall have the full
right to use such data for any official purpose in whatever manner deemed
desirable and appropriate. The Service Provider hereby grants and/or assigns all
rights, title, interest in and interest to all data prepared solely by the Service
Provider, including but not limited to, all copyrights and any and all other
intellectual property rights, to the County. In addition, the Service Provider shall
not include in the data it provides to the County any data copyrighted by another
entity without the written approval of the County, unless the Service Provider
provides the County with written permission of the copyright owner for the
County to use such copyrighted matter in any manner deemed appropriate by the
County.
XXXII. Modification/Integration Clause
This document, and all attachments which have been incorporated by reference, contains all the
terms, provisions, and conditions of this Agreement. No term or provision may be unilaterally
modified or amended. Any amendments or additions must be reduced to writing and signed by
the parties to this Agreement and attached to the original of the Agreement.
XXXIII. Termination
If either party fails to fulfill in a timely or proper manner its obligations under this Agreement, or
if either party violates any of the covenants or stipulations of this Agreement, the party injured
thereby shall have the right to terminate this Agreement by providing written notice of such
termination and specifying the effective date thereof. No less than thirty (30) days’ notice shall
be provided before the effective date of such termination unless said breach compromises the
health, safety or welfare of those receiving services. In the event of termination, all finished or
unfinished documents, data, studies, photographs and reports or other materials prepared by the
Service Provider under this Agreement shall, at the option of the County, become its property,
and the Service Provider shall be entitled to receive compensation for work completed on such
documents and other materials.
All contractual matters relating to the provision of the service by the Service Provider shall, upon
termination by either party, be settled within thirty (30) days of the date of termination by the
rendering of a bill marked “final bill” by the Service Provider to the County.
XXXIV. Applicable Law/Venue
This Agreement shall be construed and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania, and in the event of dispute, the venue of any action brought
hereunder, shall be in Court of Common Pleas for the Thirty-Ninth Judicial District, Franklin
County Branch.
XXXV. Severability
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If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such
provision shall be severed and shall be inoperative, and the remainder of this Agreement shall
remain operative and binding on the Parties.
IN WITNESS WHEREOF, the duly authorized officers of the parties hereby set their
hands, causing this Agreement to be executed and legally binding.
Provider Name: FRANKLIN COUNTY:
By: ___________________________ By: __________________________ _______
Dean A. Horst, Chairman Date
_____________________________
Authorized Service Provider Person/Title
___________________________ _______
Date: ____________________ John T. Flannery, Commissioner Date
___________________________ _______
Robert G. Ziobrowski, Commissioner Date
Kristofer Browne, CEO
09/02/2026
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ATTACHMENT A
LISTING OF ATTACHMENTS
ATTACHMENT B - PROGRAM DESCRIPTION
ATTACHMENT C - PAYMENT SCHEDULE/PER DIEM RATES
ATTACHMENT D - BUSINESS ASSOCIATE AGREEMENT
ATTACHMENT E - CONTRACT REQUIREMENTS SET FORTH BY OCYF
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ATTACHMENT B
PROGRAM DESCRIPTION
APPENDIX A- PROVIDER DESCRIPTION OF SERVICES
1. The Children’s Aid Society of Franklin County
255 Miller Street
Chambersburg, Pa 17201
Business Office Hours of Operation: Monday – Friday 8:30 am – 4:30pm
Facility hours of Operation : 24/7 – 365 days
Emergency Shelter Services
The Shelter Facility has capacity for fourteen children ranging in age from 9 to 20 years. The
goal of the program is to provide a safe and nurturing environment on a short -term basis,
commonly while county agencies are preparing longer term solutions. Children entering care
will typically have had traumatic experiences and may have emotional challenges. Most
behaviors will be able to be managed, however all referred children must be able to reside in
a non-secure facility without being a threat to themselves or others. Children with a history
of fire-setting are not appropriate for this program. Discharge planning will be done in
conjunction with the referring agency.
Residential Program
The Residential Program has a capacity for twenty children ranging in age from 9 to 22. The
goal of the program is to provide a safe but temporary residence where progress can be
made on behaviors and academics while the county agencies work towards longer term
arrangements. Children entering care will typically have had traumatic experiences and
may have emotional challenges. Most behaviors can be appropriately managed, however all
referred children must be able to reside in a non-secure setting while not being a threat to
themselves or others. Children with a history of fire-setting are not appropriate for this
setting. Discharge planning will be done in conjunction with the referring agency.
Diagnostic Program
To assist referring agencies, the court, children, and families in developing appropriate and
realistic workable plans for the children and adolescents referred for this service. The initial
goal is to generate recommendations that will address the child’s treatment needs within
the most appropriate, least restrictive setting. The long-term goal is the reunification of the
child with the family. A psychiatric evaluation, psychological evaluation, psychosocial
assessment, and educational assessment are part of the service provided to the child. The
43-day evaluation process will be completed within a structured shelter setting within a
therapeutic milieu.
Foster Care Level I – Ages 0-12
Foster Care Level I is a program designed to provide a trained, caring foster home
environment for children ages 0-12 requiring out-of-home placement. All agency foster
homes have been studied and approved in accordance with current foster care regulations
and requirements. Each child in foster care will be assigned a Foster Care Case Manager
who will supervise their placement while in foster care and ensure that the child’s medical,
dental, and educational needs are being appropriately met while residing in their foster
home placement.
Foster Care Level II – Ages 13-21
Foster Care Level II is a program designed to provide a trained, caring foster home
environment for children ages 13-21 requiring out of home placement. All agency foster
homes have been studied and approved in accordance with current foster care regulations
and requirements. Each child in foster care will be assigned a Foster Care Case Manager
who will supervise their placement while in foster care and ensure that the child’s medical,
dental, and educational needs are being appropriately met while residing in their foster
home placement.
Foster Care Level III – Specialized
Foster Care Level III is a program designed to provide a trained, caring foster home
environment for children requiring out-of-home placement. Children who require a higher
level of care, monitoring, and supervision than what our other levels of foster care provide
fall into this category. The criteria includes but is not limited to sibling groups of three or
more, children who have mental health diagnosis and require regular medication and
counseling appointments, children who have significant developmental delays and children
who have significant behavioral issues that require a greater level of supervision and
monitoring to ensure safety. All agency foster homes have been studied and approved in
accordance with current foster care regulations and requirements. Each child is assigned a
Foster Care Case Manager who will supervise their placement while in foster care and
ensure that the child’s medical, dental, and educational needs are being appropriately met
while residing in their foster home placement. Families providing this level of care will
receive a higher level of support from their assigned Case manager.
Foster Care Level IV – Medically Needy
Foster Care Level IV is a program designed to provide a trained, caring, foster home
environment for children requiring out-of-home placement. Children who have serious
medical conditions and/or illnesses that require a high level of monitoring and frequent
medical appointments would be placed in a home approved for Level IV care. All agency
foster homes have been studied and approved in accordance with current foster care
regulations and requirements. Each child is assigned a Foster Care Case Manager who will
supervise their placement while in foster care and ensure that the child’s medical, dental,
and educational needs are being appropriately met while residing in their foster home
placement. Our Foster families, willing and able to provide care for a child requiring Foster
Care Level IV, will receive a higher level of support from their assigned Case Manager. Their
Case manager will also attend all medical appointments with the child and foster family and
provide timely updates concerning these appointments to the placing agency.
Supervised Visitation
Our Supervised visitation service maintains parent-child relationships necessary for
successful family reunification while maintaining child safety. Supervised visitation allows
the family to have more consistent, longer visitation. Professional well-trained staff monitor
visits for physical and emotional safety. Staff al so support positive interactions and assist
parents as they move towards successfully completing their permanency goals.
Family Mentoring
Our Family mentoring service allows parents to show their abilities to safely parent their
children in a less structured setting, while receiving immediate feedback from their Family
Mentor. This service ideally takes place in the home the child will be returning to, but the
service can be implemented at the Visitation Center if necessary. The main goal of this
service is to keep children safe while helping the children and parents improve their
relationship and spend quality time together with an eventual goal of reunification.
Parental Fitness Evaluation
This service is a comprehensive evaluation to assist Children and Youth agencies in
assessing family’s strengths and needs to aid in reunification or the court ordered goal. The
process will include a psychological evaluation, social interview with parents, parental
observation with the identified children and interviews with provided references. A
comprehensive report will be developed combining all the above which will include
recommended services that will support a successful reunification.
Independent Living Class
The goal of Independent Living classes is to support and empower youth to reach their full
potential as adults. The IL staff work to engage youth and offer classes designed to help
support them as they transition to adulthood. IL classes will consist of eleven weeks of class
with the last class consisting of graduation where they can exhibit all the hard work that
they have done and things that they have learned, an opportunity to speak on their new-
found knowledge and make suggestions on new topics to cover. Classes may consist of guest
speakers that are subject matter experts in banking, online safety, employment, sex
education, car ownerships, and First Aid. Classes will be 2 hours in length, including
pre/post preparation time for the instructor, technical assistance, and necessary
documentation.
Truancy Prevention Class
The purpose of the Truancy Prevention Class is to increase student understanding of the
importance of attending school and the short and long-term negative outcomes associated
with truancy, to assist students in identifying the reasons for their truancy and to help
students create a personal plan to improve school attendance. Classes will also help
students learn problem solving strategies that can be utilized when making decisions and
resolving conflicts. This intervention, offered in a peer group format, would support and
enhance services offered by Franklin County Children and Youth Services caseworkers.
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ATTACHMENT C
PAYMENT SCHEDULE/PER DIEM RATE
Certification #Unit ID Service Description Location Rate
Residential Services
328580 AA Group Home-Shelter Chambersburg 411.70$
328580 AA Shelter-Single Room Chambersburg $ 691.70
328580 BB Group Home-Community Residential Chambersburg 385.20$
328580 BB Community Residential-Single Room Chambersburg $ 650.50
330820 DD Foster Care Level I (Age 0-12)Chambersburg 110.00$
330820 EE Foster Care Level II (Age 13-18) Chambersburg $ 117.50
330820 FF Foster Care Level III-Specialized Chambersburg 121.00$
330820 GG Foster Care Level IV-Medically Needy Chambersburg $ 129.00
Hourly & IL Services
Diagnostic Assessment Add On (43 Days) $ 121.90
Visitation Center-Supervised 72.30$
Visitation Center-Supervised Off Site $ 84.40
Visitation Center-Family Mentoring 104.10$
Visitation Center-Virtual Visitation $ 56.70
Visitation Center-Parental Fitness Eval. 136.00$
Independent Living Classes (11 weeks) $ 8,398.75
Franklin County Children & Youth Services
Contract Period: July 01, 2026-June 30, 2027
Contract Rate Sheet
Provider:The Children's Aid Society of Franklin County
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ATTACHMENT D
Business Associate Agreement
This Business Associate Agreement (this “Agreement”) is entered into by The Children's Aid
Society of Franklin County (“Business Associate”) and Franklin County, Pennsylvania
(“Covered Entity”), individually referred to as “Party” and collectively as the “Parties.” This
Agreement is effective as of July 1, 2026 (“Effective Date”).
RECITALS
WHEREAS, Covered Entity is a covered entity under the Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”). Covered Entity must comply with the
Administrative Simplification Provisions of HIPAA, including the Privacy Rule and
Security Rule, as defined in Article 1 of this Agreement, and with the applicable
provisions of the Health Information Technology for Economic and Clinical Health Act
of 2009 (“HITECH”).
WHEREAS, Covered Entity has engaged Business Associate to furnish certain services
to Covered Entity pursuant to the Services Agreement, as defined below.
WHEREAS, Business Associate is a business associate under HIPAA. Business
Associate must comply with the provisions of the Privacy Rule and Security Rule made
applicable to business associates pursuant to HITECH and with all other applicable
provisions of HITECH.
WHEREAS, Covered Entity is not permitted to allow Business Associate to create,
receive, maintain, or transmit Protected Health Information on behalf of Covered Entity
without satisfactory assurances that Business Associate will appropriately safeguard the
information. Therefore, Covered Entity will only disclose Protected Health Information
to Business Associate or allow Business Associate to create or receive Protected Health
Information on behalf of Covered Entity in accordance with the requirements of HIPAA,
HITECH, and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises below and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Parties agree as follows:
WHEREAS, Covered Entity is a covered entity under the Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”). Covered Entity must comply with the
Administrative Simplification Provisions of HIPAA, including the Privacy Rule and
Security Rule, as defined in Article 1 of this Agreement, and with the applicable
provisions of the Health Information Technology for Economic and Clinical Health Act
of 2009 (“HITECH”).
WHEREAS, Covered Entity has engaged Business Associate to furnish certain services
to Covered Entity pursuant to the Services Agreement, as defined below.
30
WHEREAS, Business Associate is a business associate under HIPAA. Business
Associate must comply with the provisions of the Privacy Rule and Security Rule made
applicable to business associates pursuant to HITECH and with all other applicable
provisions of HITECH.
WHEREAS, Covered Entity is not permitted to allow Business Associate to create,
receive, maintain, or transmit Protected Health Information on behalf of Covered Entity
without satisfactory assurances that Business Associate will appropriately safeguard the
information. Therefore, Covered Entity will only disclose Protected Health Information
to Business Associate or allow Business Associate to create or receive Protected Health
Information on behalf of Covered Entity in accordance with the requirements of HIPAA,
HITECH, and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises below and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Parties agree as follows:
ARTICLE I
DEFINITIONS
Terms used in this Agreement that are specifically defined in HIPAA shall have the same
meaning as set forth in HIPAA. A change to HIPAA which modifies any defined HIPAA term,
or which alters the regulatory citation for the definition shall be deemed incorporated into this
Agreement.
1.1 Breach means the unauthorized acquisition, access, use, or disclosure of Protected
Health Information which compromises the security or privacy of such
information, except where an unauthorized person to whom such information is
disclosed would not reasonably have been able to retain such information. The
term “breach” does not include the exceptions described in 42 U.S.C.
§ 17921(1)(B) summarized below.
(a) Certain uses or disclosures by a Covered Entity’s work-force members
(defined as persons acting under the authority of the Covered Entity or
Business Associate), if the use or disclosure was made in good faith, was
within the scope of the disclosing individual’s authority, and does not
result in a further violation of the Privacy Rule.
(b) Inadvertent disclosures from one person who is authorized to access PHI
to another person who is also authorized to access PHI within the same
Covered Entity, Business Associate, or organized health care arrangement
when the disclosed PHI is not further used or disclosed in a manner not
permitted under the Privacy Rule.
(c) A disclosure of PHI when a Covered Entity or Business Associate has a
good faith belief that an unauthorized person to whom the disclosure was
made would not reasonably have been able to retain such information.
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1.2 Designated Record Set, as defined under the Privacy Rule at 45 C.F.R. § 164.501,
means a group of records maintained by or for a Covered Entity that are:
(a) the medical records and billing records about individuals maintained by or
for a covered health care Contractor;
(b) the enrollment, payment, claims adjudication, and case or medical
management record systems maintained by or for a health care plan; or
(c) used, in whole or in part, by or for the Covered Entity to make decisions
about individuals.
For purposes of this section, a “Record” is any item, collection, or grouping of information that
includes PHI and is maintained, collected, used, or disseminated by or for a Covered Entity.
1.3 Electronic Health Record has the same meaning that applies under Section
13400(5) of ARRA and currently means an electronic record of health-related
information on an individual that is created, gathered, managed, and consulted by
authorized staff.
1.4 Electronic Protected Health Information (EPHI), as defined by 45 C.F.R.
§ 160.103, means individually identifiable health information that is transmitted
by electronic media, or maintained in electronic media, but not certain education
and employment records described in 45 C.F.R. § 160.103, the definition of
Protected Health Information. EPHI also includes any EPHI provided by Covered
Entity or created or received by Business Associate on behalf of Covered Entity.
1.5 HHS means the U.S. Department of Health and Human Services.
1.6 Individual, as defined by 45 C.F.R § 160.103, means the person who is the subject
of PHI. It also includes a person who qualifies as a Personal Representative in
accordance with 45 C.F.R. § 164.502(g).
1.7 Limited Date Set, as defined by 45 C.F.R. §164.514(e) is partially de-identified
data that may be used or disclosed for research, public health and health care
operation purposes, such as quality assurance, as long as a recipient signs a data
use agreement that complies with HIPAA requirements.
1.8 Privacy Rule means the Standards for Privacy of individually Identifiable Health
Information codified at 45 C.F.R. §§ 160 and 164, Subpart E, any other applicable
provision of HIPAA, and any amendments to HIPAA, including HITECH.
1.9 Protected Health Information (PHI) as defined by 45 C.F.R. § 164.103, mean
individually identifiable health information that is:
(a) transmitted by electronic media;
(b) maintained in electronic media; or
32
(c) transmitted or maintained in any other form or medium;
PHI does not include certain education and employment records described in 45 C.F.R.
§ 160.103, the definition of PHI. PHI includes, without limitation, any PHI provided by Covered
Entity or created or received by Business Associate on behalf of Covered Entity. Unless
otherwise stated in this Agreement, any provision, restriction, or obligation in this Agreement
related to the use of PHI shall apply equally to EPHI.
1.10 Required By Law, as defined by 45 C.F.R. § 164.103, means a mandate contained
in law that compels an entity to make a use or disclosure of PHI and that is
enforceable in a court of law; and any additional requirements created under
HITECH.
1.11 Secretary means the Secretary of the Department of Health and Human Services
or his/her designee.
1.12 Security Incident, as defined by 45 C.F.R. § 164.304, means the attempted or
successful unauthorized access, use, disclosure, modification, or destruction of
information or interference with system operations in an information system.
1.13 Security Rule means the Security Standards for the Protection of Electronic
Protected Health Information codified at 45 C.F.R. §§ 160 and 164, Subpart C,
any other applicable provision of HIPAA, and any amendments to HIPAA,
including HITECH.
1.14 Services Agreement means the underlying agreement(s) that outline the terms of
the services that Business Associate agrees to provide to Covered Entity and that
fall within the functions, activities or services described in the definition of
Business Associate at 45 C.F.R. § 160.103.
1.15 Unsecured PHI shall mean PHI that is not rendered unusable, unreadable, or
indecipherable to unauthorized individuals through the use of a technology or
methodology specified by the Secretary of HHS, such as encryption in
compliance with the National Institute of Standards and Technology standards or
destruction.
ARTICLE II
BUSINESS ASSOCIATE OBLIGATIONS
2.1 Request, Use and Disclosure of PHI. Business Associate agrees that it will only
request, use and disclose PHI in accordance with the terms of this Agreement, and
as is Required by Law. Business Associate acknowledges that it may only
request, use and disclose PHI obtained or created pursuant to this Agreement with
Covered Entity if the request, use or disclosure is in compliance with each
applicable requirement of the Privacy Rule found in 45 C.F.R. § 164.504(e).
2.2 Permitted Requests, Uses and Disclosures. Business Associate will not request,
use or disclose PHI except for the purpose of performing Business Associate’s
33
obligations to Covered Entity as described in the Services Agreement, consistent
with the requirements of HIPAA and this Agreement, and for other uses and
disclosures permitted under this Agreement. Business Associate may request, use
or disclose PHI only if such request, use or disclosure does not violate the Privacy
Rule or this Agreement. To the extent Business Associate is to carry out any of
Covered Entity’s obligations under the Privacy Rule, Business Associate will
comply with the requirements of the Privacy Rule that apply to Covered Entity in
the performance of the applicable obligations.
In accordance with the provisions of 45 C.F.R. § 164.504(e)(4), Business Associate also may
request, use or disclose PHI, if necessary:
(a) for the proper management and administration of Business Associate’s
organization, or
(b) to carry out the legal responsibilities of Business Associate.
Business Associate may only disclose PHI for these purposes, in accordance with the provisions
of 45 C.F.R. § 164.504(e)(4)(ii), if either
(i) the disclosure is Required By Law, or
(ii) Business Associate obtains reasonable written assurances from the
person to whom Business Associate discloses the PHI that the PHI
will be held confidentially and used or further disclosed only as
Required By Law or for the purposes for which it was disclosed to
the person and that the person agrees to notify Business Associate
of any instances of which it is aware in which the confidentiality of
the information has been breached.
2.3 Prohibited Requests, Use and Disclosures. Business Associate will not request,
use or disclose PHI in any manner that constitutes a violation of the Privacy Rule,
this Agreement, or the Services Agreement.
2.4 Minimum Requirements. Business Associate will only request, use and disclose
the minimum amount of PHI necessary for Business Associate to perform the
services for which it has been retained by Covered Entity, in accordance with 42
U.S.C. § 17935(b). Business Associate agrees to comply with the Secretary’s
guidance on what constitutes minimum necessary.
2.5 Administrative, Physical and Technical Safeguards. Business Associate will
develop, implement, maintain, and use appropriate safeguards to prevent any use
or disclosure of the PHI other than as provided by this Agreement. Business
Associate will implement administrative, physical, and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity and availability
of EPHI. Business Associate acknowledges that the Security Rule provisions
regarding administrative, physical, and technical safeguards, policies and
procedures and documentation requirements found in 45 C.F.R. §§ 164.308,
164.310, 164.312 and 164.316 apply to Business Associate in the same manner as
34
to Covered Entity and Business Associate will fully comply with such Security
Rule provisions.
2.6 Unusable, Unreadable or Indecipherable Technology. Business Associate will, to
the extent feasible, adopt a technology or methodology specified by the Secretary
pursuant to 42 U.S.C. § 17932(h) that renders PHI unusable, unreadable, or
indecipherable to unauthorized individuals.
2.7 Agents and Sub-contractors. Prior to making any permitted disclosures, Business
Associate will ensure that any of its agents, including subcontractors, to whom it
provides PHI received from, or created or received by, Business Associate on
behalf of Covered Entity agree in writing to be bound by the same privacy and
security restrictions and conditions that apply to Business Associate under this
Agreement, including but not limited to those conditions relating to termination of
the contract for improper disclosure. Further, Business Associate shall implement
and maintain sanctions against agents and subcontractors, if any, that violate such
restrictions and conditions. Business Associate shall terminate any agreement
with an agent or subcontractor, if any, who fails to abide by such restrictions and
obligations. Business Associate shall not provide any PHI to any third party or
subcontract any services described in the Services Agreement without Covered
Entity’s express written permission.
2.8 Reporting Obligations. The Business Associate will report, in writing, to Covered
Entity any use or disclosure of PHI that is not authorized by this Agreement,
including Breaches of Unsecured PHI. In addition, Business Associate will report
in writing, to Covered Entity any Security Incident of which it becomes aware
that it, its employees, or its agents or subcontractors experience involving or
potentially involving Covered Entity EPHI. Written notice shall be provided to
Covered Entity within five (5) business days of becoming aware of the non-
authorized use or disclosure or Security Incident.
2.9 Notification to Covered Entity of Breach of Unsecured PHI. Business Associate
will provide written notification to Covered Entity within seventy-two (72) hours
of discovering a Breach of Unsecured PHI. Such notification will identify, to the
extent possible, (1) each individual whose Unsecured Protected Health
Information has been, or is reasonably believed by Business Associate to have
been, accessed, acquired or disclosed during the Breach, (2) the nature of the non-
permitted access, use or disclosure, including the date of the Breach and the date
of discovery of the Breach; (3) Protected Health Information accessed, used or
disclosed as part of the Breach (e.g., full name, social security number, date of
birth, etc.); (4) who or what area of Business Associate’s operation made the non-
permitted access, use or disclosure and who received the non-permitted
disclosure; (5) identify what corrective action the Business Associate took or will
take to prevent further non-permitted accesses, uses or disclosures; (6) identify
what Business Associate did or will do to mitigate any deleterious effect of the
non-permitted access, use or disclosure; and (7) provide such other information
that is reasonably available to Business Associate that Covered Entity may
request. For purposes of the preceding sentence, Business Associate will be
treated as discovering the Breach on the first day on which the Breach is known
35
(or by exercising reasonable diligence should have been known) to Business
Associate (including any employee, officer or other agent of Business Associate
other than the person committing the Breach). Whether a Breach has occurred
will be determined in accordance with applicable regulations or other
authoritative guidance issued pursuant to the HITECH Act. A delay in
notification of a Breach that qualifies as a “law enforcement delay” under 45 CFR
Section 164.412 will not be treated as a violation of this Agreement. Business
Associate will supplement its initial notification to Covered Entity with additional
information as any additional information becomes available. Business Associate
will implement a reasonable system for discovery of Breaches.
2.10 Breach Notification Expenses. Business Associate agrees to indemnify, defend,
and hold harmless Covered Entity and its employees, agents, and representatives
from any and all direct, reasonable and actual costs, settlements, judgments, and
expenses incurred by Covered Entity caused by a Breach of Unsecured Protected
Health Information while in the possession of Business Associate, or its
employees, subcontractors or agents. Such costs will include those related to
Breach notifications sent to the affected individuals and the media, as required by
Section 13402(e) of ARRA and 45 CFR Part 164, and any costs incurred by
Covered Entity or its employees, agents or representatives to mitigate potential
harm to individuals from the Breach.
2.11 Notification to Covered Entity of Use or Disclosure Data. Business Associate
will notify Covered Entity in writing of any actual or suspected use or disclosure
of data in violation of any applicable federal or state laws or regulations or any
legal action against Business Associate arising from an alleged HIPAA violation.
Business Associate shall take:
(i) prompt action to correct any such deficiencies; and
(ii) any action pertaining to such unauthorized disclosure required by
applicable federal and state laws and regulations.
Business Associate will provide the written notice to Covered Entity within five (5) business
days of becoming aware of the violation or legal action.
2.12 Mitigation of Harmful Effect. Business Associate agrees to mitigate, to the extent
practicable, any harmful effect that is known to Business Associate of a use or
disclosure of PHI by Business Associate in violation of the requirements of this
Agreement
2.13 Designated Record Sets. Business Associate will make PHI in Designated Record
Sets that are maintained by Business Associate or its agents or subcontractors, if
any, available to Covered Entity or to an individual for inspection and copying
within ten (10) business days of a request by Covered Entity to enable Covered
Entity to fulfill its obligations under the Privacy Rule, including, but not limited
to the requirements concerning access to individuals to PHI found at 45 C.F.R.
§ 164.524. If Business Associate maintains Protected Health information in the
form of an Electronic Health Record for any individual, Business Associate
agrees to provide, at the request of Covered Entity or an individual, and in the
36
time and manner designated by Covered Entity, a copy of such information in an
electronic format to that individual or, if clearly, conspicuously and specifically
directed by the individual (or by Covered Entity based on a clear, conspicuous
and specific request of the individual) to transmit an electronic copy of that
information directly to an entity or person designated by the individual. Any fee
charged to the individual for providing such information (or a summary or
explanation of such information) may not exceed Business Associate’s labor costs
incurred in responding to the individual’s request.
2.14 Amendments to PHI and EPHI. Within ten (10) business days of receipt of a
request from Covered Entity for an amendment of PHI or a record about an
individual contained in a Designated Record Set, Business Associate or its agents
or subcontractors, if any, shall make such PHI available to Covered Entity for
amendment and shall incorporate any such amendment to enable Covered Entity
to fulfill its obligations under the Privacy Rule, including, but not limited to,
45 C.F.R. § 164.526. If an individual requests an amendment of PHI directly
from Business Associate or its agents or subcontractors, if any, Business
Associate must notify Covered Entity in writing within five (5) business days of
the request. Any denial of amendment of PHI maintained by Business Associate
or its agents or subcontractors, if any, shall be the responsibility of Covered
Entity. Upon the approval of Covered Entity, Business Associate shall
appropriately amend the PHI maintained by it, or any agents or subcontractors.
2.15 Accounting of PHI and EPHI. Within ten (10) business days of notice by
Covered Entity of a request for an accounting of disclosures of PHI, Business
Associate and any agents or subcontractors shall make available to Covered
Entity the information required to provide an accounting of disclosures to enable
Covered Entity to fulfill its obligations under the Privacy Rule, including, but not
limited to, 45 C.F.R. § 164.528 and any additional information required under the
HITECH Act, including Section 13405(c) if Business Associate maintains
information in the form of an Electronic Health Record, and any implementing
regulations.
(a) If a request for an accounting is made directly to Business Associate or its
agents or subcontractors, Business Associate will notify Covered Entity of
the request within five (5) business days of having received the request.
Covered Entity shall either inform Business Associate to provide the
requested information directly to the individual or request Business
Associate to immediately forward the information to the Covered Entity
for compilation and distribution to the individual.
(b) In the case of a direct request for an accounting from an individual related
to treatment, payment or health care operations disclosures through
Electronic Health Records, Business Associate will provide the accounting
to the individual in accordance with 42 U.S.C. § 17935(c) and any
regulations adopted subsequent to this Agreement. Business Associate
will confirm with Covered Entity that Covered Entity provided Business
Associate’s name to the individual in response to a request for an
accounting before providing the requested accounting to the individual.
37
2.16 Retention of Accounting Documentation. Notwithstanding termination of this
Agreement, Business Associate and any of its agents or subcontractors shall
continue to maintain the information required for purposes of complying with this
Section 2.14 for a period of six (6) years after termination of the Agreement.
2.17 Business Associate’s Compliance with HHS. Business Associate will make its
internal practices, books and records relating to the use and disclosure of PHI
available to the Secretary of HHS in the time and manner designated by the
Covered Entity or the Secretary of HHS for purposes of determining Covered
Entity’s compliance with the Privacy Rule. Business Associate will notify
Covered Entity regarding any PHI that Business Associate provides to the
Secretary of HHS concurrently with providing the requested PHI to the Secretary
of HHS. Upon request by Covered Entity, Business Associate will provide
Covered Entity with a duplicate copy of the requested PHI.
2.18 Inspection by Covered Entity. Within five (5) business days of a written request
by Covered Entity, Business Associate and its agents or subcontractors, if any,
shall allow Covered Entity to conduct a reasonable inspection of the facilities,
systems, books, records, agreements, policies and procedures relating to the use or
disclosure of PHI pursuant to this Agreement for the purpose of determining
whether Business Associate has complied with this Agreement, the Security Rule
and provisions of the Privacy Rule directly applicable to Business Associate or as
deemed necessary by Covered Entity to determine whether a Breach has occurred.
Both Parties agree to the following:
(a) Business Associate will cooperate with Covered Entity’s risk assessment
without unreasonable delay;
(b) Business Associate and Covered Entity will mutually agree in advance
upon the scope, location and timing of such an inspection; and
(c) Covered Entity will protect the confidentiality of all confidential and
proprietary information of Business Associate to which Covered Entity
has access during the course of such inspection.
2.19 Damages. Business Associate shall be responsible to compensate the affected
individual for any reasonable damages as a result of a Breach caused by Business
Associate.
2.20 No Ownership Rights. Business Associate agrees that Business Associate does
not and will not have any ownership rights in any of the PHI.
2.21 Additional HITECH Requirements. The additional requirements of Title XIII of
HITECH that relate to privacy and security and that are made applicable with
respect to covered entities are also applicable to Business Associate and by this
reference these requirements are hereby incorporated into this Agreement.
2.22 Standard Transactions. In conducting any standard transaction that is subject to
the Standard Transaction Regulations (set forth in 45 C.F.R. Part 162) on behalf
38
of Covered Entity, Business Associate agrees to comply with all requirements of
the Standard Transaction Regulations that would apply to Covered Entity if
Covered Entity were conducting the transaction itself and shall require the same
of any subcontractor or agent involved with the conducts of such Standard
Transactions.
2.23 Limitations on Marketing. Business Associate may not use and disclose PHI for
“marketing,” as defined in 45 C.F.R. § 164.501, unless expressly permitted to do
so in the Services Agreement.
2.24 Sale of PHI. Except for compensation set forth in the Services Agreement
between Business Associate and Covered Entity, Business Associate shall not
receive any direct or indirect remuneration in exchange for the provision of
Protected Health Information.
ARTICLE III
COVERED ENTITY OBLIGATIONS
3.1 Risk Assessment of Breach by Covered Entity. Covered Entity shall make the
final determination of whether for a Breach of PHI occurred.
3.2 Restrictions. Covered Entity shall notify Business Associate of any restriction to
the use or disclosure of PHI that Covered Entity has agreed to or must comply
with in accordance with 45 C.F.R. § 164.522 and 42 U.S.C. § 17935(a).
3.3 Notification of Changes or Revocations of Permission. Covered Entity shall
provide Business Associate with notice of any changes to, revocation of, or
permission by individual to use or disclose PHI, if such changes affect Business
Associate’s permitted uses or disclosures, within a reasonable period of time after
Covered Entity becomes aware of such changes to or revocation of permission.
3.4 Permissible Requests by Covered Entity. Covered Entity shall not request
Business Associate to use or disclose PHI in any manner that would not be
permissible under the Privacy and Security Rules if done by Covered Entity.
ARTICLE IV
TERMINATION
4.1 Term and Survival. The term of this Agreement shall be effective as of the
Effective Date of this Agreement and continue until terminated by Covered Entity
or any underlying Services Agreement expires or is terminated. Any provision
related to the use, disclosure, access, or protection of PHI or EPHI or that by its
terms shall survive termination of this Agreement shall survive termination.
4.2 Termination for Breach. A material breach by Business Associate, or its agents or
subcontractors, if any, of this Agreement, as determined by Covered Entity, shall
39
constitute a material breach of the Services Agreement. As provided for under 45
C.F.R. §§ 164.314(a)(2)(i)(D) and 164.504(e)(2)(iii), the Covered Entity may
immediately terminate this Agreement and the Services Agreement or,
alternatively, the Covered Entity may choose to provide Business Associate with
written notice of the material breach and an opportunity to cure the material
breach or end the violation within thirty (30) calendar days. If Business Associate
becomes aware of a material breach of this Agreement by Covered Entity,
Business Associate shall (1) provide an opportunity for Covered Entity to cure the
breach or end the violation and terminate this Agreement (and any applicable
portion of the Services Agreement between the parties) if Covered Entity does not
cure the breach or end the violation within thirty (30) calendar days, or (2)
immediately terminate this Agreement (and any applicable portion of the Services
Agreement ) if Covered Entity has breached a material term of this Agreement
and cure is not possible.
4.3 Termination for Violation by Business Associate. Covered Entity may terminate
this Agreement and the Services Agreement effective immediately, if (i) Business
Associate is named as a defendant in a criminal proceeding for a violation of
HIPAA, HITECH, or other security or privacy laws or (ii) there is a finding or
stipulation that Business Associate has violated any standard or requirement of
HIPAA, HITECH, or other security or privacy laws in any administrative or civil
proceeding in which Business Associate is involved.
4.4 Return or Destruction of PHI.
(a) Upon termination of this Agreement for any reason, Business Associate
shall return or, at Covered Entity’s request, destroy all PHI received from
Covered Entity or created or received by Business Associate on behalf of
Covered Entity that Business Associate still maintains in any form. If
Business Associate destroys the PHI, Business Associate shall certify in
writing to Covered Entity that such PHI has been destroyed. This
provision applies to PHI that is in the possession of agents or
subcontractors of Business Associate. Business Associate will retain no
copies of the PHI.
(b) If Business Associate determines that returning or destroying the PHI is
not feasible, Business Associate shall explain to Covered Entity why
conditions make the return or destruction of the PHI not feasible. If
Covered Entity agrees that the return or destruction of PHI is not feasible,
Business Associate will retain the PHI, subject to all of the protections of
this Agreement, and limit further uses and disclosures of the PHI to those
purposes that make the return or destruction of the PHI infeasible for so
long as Business Associate maintains the PHI.
(c) If Business Associate determines that it is infeasible to obtain from an
agent or subcontractor any PHI in the possession of the agent or
subcontractor or to destroy the PHI, Business Associate will provide
Covered Entity written notification explaining why obtaining the PHI is
infeasible. If Covered Entity agrees that the return or destruction of PHI is
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not feasible, Business Associate will require the agent or subcontractor to
extend the protections of this Agreement to the PHI and limit further uses
and disclosures of the PHI to those purposes that make the return or
destruction of the PHI infeasible for so long as the agent or subcontractor
maintains the PHI.
4.5 Termination of Services Agreement. If this Agreement is terminated for any
reason, Covered Entity will also terminate the Services Agreement between the
Parties. This provision shall supersede any termination provision to the contrary
which may be set forth in the Services Agreement.
ARTICLE V
MISCELLANEOUS
5.1 Acknowledgement. By affixing their respective signatures below, the Parties
certify that they have read and understand each and every provision in this
Agreement. Each Party certifies that it possesses the authority to enter into the
Agreement. The execution and performance of this Agreement by each Party has
been duly authorized by all necessary laws, resolutions or corporate actions, and
the Agreement constitutes valid and enforceable obligations of each Party in
accordance with its terms.
5.2 Amendment. This Agreement shall not be amended, altered, or modified, except
by an instrument in writing duly executed by the Parties to the Agreement.
5.3 Assignment. This Agreement may not be assigned by Business Associate without
the prior written consent of Covered Entity.
5.4 Binding Effect. Subject to provisions hereof restricting assignment, this
Agreement shall be binding upon and shall inure to the benefit of the Parties and
their respective successors and permitted assigns.
5.5 Change in Law. The Parties agree to take such action as is necessary to amend
this Agreement from time to time as is necessary for Covered Entity and Business
Associate to comply with the requirements of HIPAA and the HITECH Act, and
of the regulations issued pursuant to those laws. If Covered Entity reasonably
concludes that an amendment to this Agreement is needed because of change in
federal or state law or changing industry standards, Covered Entity shall notify
Business Associate of such proposed modification(s), “Legally-Required
Modifications”. Such Legally Required Modifications shall be deemed accepted
by Business Associate and this Agreement so amended, if Business Associate
does not, within thirty (30) calendar days following the date of notice, or within
such other time period as may be mandated by applicable state or federal law,
deliver to Covered Entity its written rejection of such Legally-Required
Modifications.
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5.6 Compliance with Laws. Business Associate will comply with all applicable
federal and state security and privacy laws, to the extent that such laws apply to
Business Associate or are more protective of individual privacy than HIPAA.
5.7 Entire Agreement. This Agreement, including attachments, constitutes the entire
Agreement between the Parties with respect to the subject matter hereof, and it
supersedes all prior oral or written agreements, commitments, or understandings
with respect to the matters provided for herein.
5.8 Execution. This Agreement and any amendments thereto shall be executed in
duplicate copies on behalf of the Parties by an official of each, specifically
authorized by its respective Party to perform such executions. Each duplicate
copy shall be deemed an original, but both duplicate originals together constitute
one and the same instrument.
5.9 Indemnification by Business Associate. Business Associate and any of its
subcontractors and agents shall indemnify, hold harmless and defend Covered
Entity and its employees, officers, directors, agents, and contractors from and
against any and all claims, losses, liabilities, costs, attorneys’ fees, and other
expenses incurred as a result of or arising directly or indirectly out of or in
connection with Business Associate’s or its subcontractors’ or agents’ breach of
this Agreement, violation of HIPAA, HITECH or other applicable law, or
otherwise related to the acts or omissions of Business Associate or its
subcontractors or agents.
5.10 Independent Contractors. This Agreement establishes an independent contractor
relationship between Covered Entity and Business Associate. Nothing in this
Agreement is intended, nor may anything be construed, to create a partner, joint
venture employer/employee, or agent relationship.
5.11 Limitations on Benefits of this Agreement. Nothing express or implied in this
Agreement is intended to confer, nor shall anything herein confer, upon any
person other than Covered Entity, Business Associate, or their respective
successors or assigns, any rights, remedies, obligations or liabilities whatsoever.
It is the express intent of the Parties that no person or entity other than the Parties
shall be entitled to bring any action to enforce any provision of this Agreement
against either of the Parties, and that the Agreement set forth shall be solely for
the benefit of, and shall be enforceable only by, the Parties to this Agreement or
their respective successors and assigns as permitted hereunder.
5.12 Notices. All notices which are required or permitted to be given pursuant to this
Agreement shall be in writing and shall be sufficient in all respects if delivered
personally, by electronic facsimile (with a confirmation by registered or certified
mail placed in the mail no later than the following day), or by registered or
certified mail, postage prepaid, addressed to a Party as indicated below:
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If to Business Associate: If to Covered Entity, to:
The Children's Aid Society of Franklin County Franklin County Human Services
255 Miller Street 272 North Second Street
Chambersburg, PA 17201 Chambersburg, PA 17201
Notice shall be deemed to have been given upon transmittal thereof as to communications which
are personally delivered or transmitted by electronic facsimile and, as to communications made
by United States mail, on the third (3rd) day after mailing. The above addresses may be changed
by giving notice of such change in the manner provided above for giving notice.
5.13 References. A reference in this Agreement to a section in the Privacy Rule or
Security Rule means the section as in effect or as amended at the time of
reference and as interpreted pursuant to any applicable guidance provided by the
Secretary or other responsible regulatory authority and any applicable case law.
5.14 Severability. If any part of any provision of this Agreement, or any other
agreement, document or writing given pursuant to or in connection with this
Agreement, shall be held invalid or unenforceable, the holding of invalidity or
unenforceability will apply to the invalid or unenforceable part of the provision
only, without in any way affecting the remaining parts of said provision or the
remaining provisions of said Agreement.
5.15 Sub-Contract. Business Associate may not sub-contract any services under the
Services Agreement without the express written consent of Covered Entity.
5.16 Waiver. Neither the waiver by either Party of a breach of or a default under any
of the provisions of this Agreement, nor the failure of either of the Parties, on one
or more occasions, to enforce any of the provisions of this Agreement or to
exercise any rights or privilege hereunder shall thereafter be construed as a waiver
of any subsequent breach or default of a similar nature, or as a waiver of any such
provisions, rights or privileges hereunder.
5.17 Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a
meaning that permits Covered Entity to comply with applicable requirements of
HIPAA HITECH Act, the Privacy Rule and the Security Rule. Any conflict
between a provision of the Services Agreement and this Agreement regarding the
subject matter of this Agreement, shall be resolved in favor of this Agreement
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective duly authorized representatives as of the dates set forth below.
BUSINESS ASSOCIATE COVERED ENTITY
By: By:
Name: Name:
Title: Title:
Kristofer Browne, CEO
09/02/2026
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ATTACHMENT E
Contract Requirements Set Forth by Department of Human Services, Office of Children, Youth
& Families
OCYF Bulletin Number 3170-08-01 Effective July 1, 2008
and
OCYF Bulletin Number 3170-13-01 Effective January 1, 2013
Document Maintenance for Residential Providers:
1. Residential Providers must maintain centrally located documentation regarding each
referral that the provider receives from a county agency (CYS or JPO).
2. The provider must maintain the following information:
A. The date of receipt of referral
B. The requesting county and agency (CYS or JPO):
C. The name, age and race of the child
D. The presenting primary problem;
E. Whether the child was accepted or rejected for admission to the program
F. and the reason for any rejection.
3. Residential Providers must maintain centrally located documentation regarding each
child that is discharged from their residential programs.
4. The provider must maintain the following information:
A. The date of the discharge from the residential program.
B. The county agency (CYS or JPO) that placed the child at the program.
C. The name, age and race of the child.
D. The reason that the child was discharged from the residential program
5. Residential Providers must maintain centrally located documentation for all arrests by
law enforcement regarding children and youth being served by the provider.
6. The provider must maintain the following information:
A. The county agency (CYS or JPO) that placed the child at the program.
B. The name, age and race of the child.
C. The date of and reason for the arrest by the law enforcement agency.
7. Residential Providers must maintain centrally located documentation for all restraints
of children/youth served.
8. The Provider must maintain the following information:
A. The county agency (CYS or JPO) that placed the child at the program.
B. The name, age and race of the child.
C. The date/time of and reason for the restraint
D. Intervention attempted by staff prior to restraint.
E. Type of restraint used
F. Name of employee(s) who performed the restraint
G. Duration of the restraint
H. Name of employee(s) who observed the restraint
I. The result of the restraint including any injuries or medical treatment.
Outcome Reporting for Residential Providers:
Providers of Residential Services are required by the Department of Human Services,
Office of Children, Youth and Families, to include the following information in their
outcome reports:
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1. Truancy rates of individual residents
2. Timeliness of EPSDT screening for individual residents
3. Timeliness of follow-up on EPSDT screening recommendations for individual
residents
4. School attendance and or employment rate of individual residents at six and 12
months post discharge
Provider Invoicing:
All providers shall provide the following information on all invoices:
1. Facility Name (In the case of a foster family home-Foster family provider)
2. Facility location
3. OCYF Certificate of Compliance Number
4. Name of unit and unique identifier
5. Child’s Name
6. Specific dates of service for each child for each facility- If child was in multiple units/
provider programs during the billing period, invoice must include a separate listing
for each unit/program.
7. The unit rate and total cost of Residential care.
8. Total allowable IVE Maintenance for Residential Services. Personal incidental costs
must be identified separately and distinguished between total costs and Title IVE
allowable costs.
9. Total allowable IVE Administrative Costs by child (applicable to foster family
providers only).
Administrative Functions/ Activities to be Purchased (Included in the total per diem and
Title IVE Administrative Per Diem Rates:
1. Per Diem development, defined as the administrative time spent by the private foster
care provider in completing the budget forms required by OCYF Bulletin 3170-08-01.
2. Referral to services, comprised and including the administrative activity when the
worker is providing a child or his/ her family with requested information about
needed services, directing an individual to needed treatment, aid or information; this
refers to administrative time only and does not include participation in service
delivery or providing a service directly to a client.
3. Placement of children, that being the administrative activity of identifying appropriate
foster homes, completing necessary paperwork to submit and to review criminal
background checks for prospective foster parents, matching of a particular child
referred by the county to the private foster care Service Provider with a particular
foster family home to meet the child’s particular needs, working with foster parents to
prepare them to receive a specific child.
4. Day to day administrative case management when the foster care agency worker
arranges for services and monitors and assures that services are provided; scheduling
and arranging for appointments for the provision of services for the child in
placement; arranging for services and assuring services are provided excludes
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participating in service delivery/ provision or providing a service directly to the
client; and supervision of a particular child’s adjustment in the foster family home.
5. Recruitment, licensing, and approval of foster homes and institutions (including
finding training, approving, monitoring and supervising of the particular home and
foster family members).
Non-Duplication of Activities:
The Franklin County Children and Youth Service and the Franklin County Juvenile
Probation Department do not directly provide foster family services; direct foster care
services are purchased. Service Providers and the County certify that there is no
duplication of activities by county and private Provider workers that are reimbursed with
Title IVE funding.
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EXHIBIT A
PERMITTED USES AND DISCLOSURES
This Exhibit sets forth the permitted uses and disclosures of Information by Associate. This
Exhibit may be amended from time to time if applicable.
1. Purpose(s) of Disclosure. The purpose(s) for which County shall disclose Information to
Associate are as follows: To ensure Associate has all necessary information available to
provide appropriate care/treatment that the Associate is contracted to perform.
2. Information to be disclosed. County shall disclose the following Information to Associate
in accordance with the terms of the Agreement: Any and all information that may be
necessary to ensure proper care/treatment is provided to the identified client.
3. Permitted Uses and Disclosures of Information. Associate shall be limited to the following
uses and/or disclosures of County’s PHI: Associate may use or disclose information, as it
deems necessary in order to ensure client receives appropriate care/treatment.
4. Subcontractor(s). If Associate intends to utilize any subcontractor(s) in performing
Associate's obligations under the Agreement, such subcontractor(s) shall be identified as
follows: An individual or agency that the Service Provider may contract with to provide
direct provider services.
5. Disclosure and Use for Management and Administration. Associate may use or disclose
PHI received by Associate in its capacity as a Business Associate of County for the proper
management and administration of Associate, if such use and disclosure is necessary (i) for
the proper management and administration of Associate or (ii) to carry out the legal
responsibilities of Associate.
6. Data Aggregation Services. For purposes of this Section, "Data Aggregation" means, with
respect to County’s PHI, the combining of such PHI by Associate with the PHI received by
Associate in its capacity as a Business Associate of another Covered Entity to permit data
analyses that relate to the health care operations of the respective Covered Entities.
Associate shall provide the following Data Aggregation services relating to the health care
operations of County: Any and all data prepared by the Associate in connection with
services contemplated under the Agreement shall become the exclusive property of the
County.
7. Additional Restrictions on Use of Data. County is a Business Associate of certain other
Covered Entities and, pursuant to such obligations of County, Associate shall comply with
the following restrictions on the use and disclosure of PHI: The County shall have the right
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to use such data for any official purpose in whatever manner deemed appropriate.
Associate shall not include in the data it provides to the County any data copyrighted by
another entity without the written approval of the County, unless the Service Provider
provides the County with written permission of the copyright owner for the County to use
such copyrighted matter.
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EXHIBIT B
Pennsylvania Law
If this agreement authorizes the release of Mental Health Records, HIV – related
information, or Substance Abuse treatment information, the following statement must be
included with the information being released:
This information has been disclosed to you from records whose confidentiality is
protected by Pennsylvania Law. Pennsylvania Law prohibits you from making any
further disclosure of this information unless further disclosure is expressly
permitted by the written authorization of the person to whom it pertains or is
otherwise permitted by law. A general authorization for release of medical or other
information is not sufficient for this purpose.