8-Appendix G - HMIS Agency Participation Agreement 20210511.pdf

Version 2 Final: 05/11/2021

Agency Participation Agreement Initial________

AGENCY PARTICIPATION AGREEMENT

For Fairfax-Falls Church Community Partnership to Prevent and End Homelessness

Fairfax County Continuum of Care (CoC) Homeless Management Information System

I. Introduction

The Fairfax-Falls Church Partnership to Prevent and End Homelessness – Fairfax County

Continuum of Care (hereafter called FFX CoC) Homeless Management Information System

(HMIS) is a client information systems that provides a standardized assessment of consumer needs, creates individualized service plans and records the use of housing and services which communities can use to determine the utilization of services of participating Agencies, identify gaps in the local service continuum and develop outcome measurements.

The purpose/goals of a web based computerized HMIS database are to:

▪ Improve the quality and integration of services.

▪ Improve the availability of data to aid participating programs and their funding partners in making planning and funding decisions about services to homeless people.

▪ Provide an unduplicated count of homeless people.

▪ Improve quality of client services by providing faster linkage to housing, benefits, and services.

▪ Identify gaps in the service system.

▪ Deliver a cost-effective system that streamlines the information management processes and improves data processing for homeless service providers.

▪ Measure the effectiveness of homeless programs.

The signature of the Executive Director of the Agency indicates agreement with the terms set forth and must be executed before a HMIS account can be established for the Agency.

The FFX CoC is the primary coordinating entity. The Office to Prevent and End Homelessness

(OPEH) shall be the HMIS Lead Agency (HLA) and is responsible for administering the HMIS on behalf of the CoC. In this Agreement, “Participating Agency” is an Agency participating in the

Homeless Management Information System and who contributes data to the HMIS, "Client" is a consumer of services, “Agency” is the Agency named in this agreement, “Super User” is an Agency designated staff member(s) and “CoC HMIS Steering Committee” is the CoC authorized representation to provide oversight to the HMIS.

The FFX CoC is a collaboration of representatives of both private and public organizations who represent all components in the homeless delivery system and whose focus is community planning for the delivery of homeless services in the Fairfax County area.

II. HMIS Lead Agency (HLA) Responsibilities

A. HLA will make a best effort to provide the Agency 24-hour access to the HMIS database system, except during routine system maintenance, scheduled system upgrades and unexpected system failures.

B. The HLA will provide both initial training and periodic updates to that training to select

Agency staff regarding the use of the HMIS, with the expectation that the Agency, through their

Super User(s), will take responsibility for conveying this information and subsequent changes to all Agency staff using the system.

Agency Participation Agreement Initial________

C. The HLA will provide basic user support and technical assistance, within reason (i.e.

troubleshooting and assistance with standard report generation).

D. The HLA will provide Federal and State reporting where required.

III. Privacy and Confidentiality

A. Protection of Client Privacy

1. The Agency shall uphold relevant federal and state confidentiality regulations and laws that protect Client records, and the Agency shall only release Client records with written consent by the Client, unless otherwise provided for in the regulations.

2. The Agency shall abide specifically by federal confidentiality regulations as contained in the Code of Federal Regulations, 42 CFR Part 2 regarding disclosure of alcohol and/or drug abuse records. In general terms, the federal rules prohibit the disclosure of alcohol and/or drug abuse records unless disclosure is expressly permitted by written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2. A general authorization for the release of medical or other information is not sufficient for this purpose. The Agency understands the federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patients.

3. The Agency will comply specifically with the Health Insurance Portability and

Accountability Act (HIPAA) of 1996, 45 C.F.R. Parts 160 & 164, and corresponding regulations established by the U.S. Department of Health and Human Services.

4. The Agency will comply with the Violence Against Women Act (VAWA) and corresponding regulations established by the Department of Housing and Urban

Development.

5. The Agency will comply with all policies and procedures established pertaining to protection of Client privacy. If the Agency is a HIPAA-covered entity, the Agency is required to operate in accordance with HIPAA regulations and is exempt from the privacy and security standards found in HUD’s Data and Technical Standards.

B. Client Confidentiality

1. The Agency agrees to provide a copy of the HMIS Privacy Notice to each consumer. The

Agency shall provide a verbal explanation of the Privacy Notice and the terms of consent and shall arrange for a qualified interpreter or translator in the event that an individual is not literate in English or has difficulty understanding the consent form.

2. The Agency shall prominently display the Privacy Notice at each intake desk (or comparable location).

3. The Agency shall not solicit or input information from Clients into the HMIS unless it is essential to provide services, or to conduct evaluation or research.

Agency Participation Agreement Initial________

4. The Agency agrees not to release any confidential information received from the HMIS to any organization or individual without proper Client consent.

5. The Agency shall ensure that all staff, volunteers, and other persons issued a User ID and password for the HMIS receive a formal confidentiality training and abide by this Participation Agreement.

6. The Agency acknowledges that ensuring the confidentiality, security and privacy of any information downloaded from the system by the Agency is strictly the responsibility of the Agency.

7. The Agency understands the file server, which will contain all Client information, including encrypted identifying Client information, will be located at WellSky. offices and that all Client data will be encrypted at the server level using encryption technology provided by WellSky.

C. Inter-Agency Sharing of Information

1. The Agency will utilize the Fairfax County Uniform Authorization to Use and Exchange Information (ROI), as developed in conjunction and coordination with Participating

Agencies, for all clients providing information for the HMIS. The ROI, once signed by the Client authorizes information sharing with HMIS Participating Agencies for the time period stipulated on the Consent form.

2. The Agency will comply with the “Best Practices’ on utilization of ROI as set forth in the

HMIS Policy and Procedure Manual and its APPENDIX D.

3. The Agency shall maintain appropriate documentation of Client consent to participate in the HMIS.

4. The Agency shall keep signed copies of the ROI for HMIS for a period of up to seven years or as required by state law, after which time the forms will be discarded in a manner that ensures client confidentiality is not compromised.

5. The Agency will develop an internal procedure to be used in the event of a violation of any of the HMIS security protocols. In the event of a violation, the Director of the

Agency and/or designated security officer shall notify the HLA immediately within twenty-four (24) hours.

D. Custody of Data

1. If this Agreement is terminated, HLA and remaining Participating Agencies shall maintain their right to the use of all Client data previously entered by the terminating

Participating Agency; this use is subject to any restrictions requested by the Client.

2. The CoC does not require or imply that services must be contingent upon a Client's participation in the HMIS. Services should be provided to Clients regardless of HMIS participation provided the Clients would otherwise be eligible for the services.

Agency Participation Agreement Initial________

3. The Agency shall not be denied access to Client data entered by the Agency.

Participating Agencies are bound by all restrictions placed upon the data by the Client of any Participating Agency. The Agency shall not knowingly enter false or misleading data under any circumstances.

IV. Homeless Management Information System (HMIS) Use, Training, Data Entry and Data Integrity

A. An agency is considered to be an HMIS Participating Agency (“Agency”) when it collects client-level data on homeless Clients within the CoC.

B. The Agency will not permit User ID’s and Passwords to be shared among users.

C. The Agency shall follow, comply with and enforce the User Policy, Responsibility Statement &

Code of Ethics and staff annual recertification as set forth in the HMIS Policy and Procedure

Manual and its APPENDIX B.

D. The Agency will enter all minimum required data elements as defined in the HMIS Policy and

Procedures Manual.

E. The Agency will take all steps reasonably necessary to verify the information provided by Clients for entry into the HMIS, and to see that it is correctly entered into the HMIS by the Agency User.

F. The Agency shall ensure that all staff, volunteers, and other persons issued a User ID and password for the HMIS receive confidentiality training, HMIS training, and comply with the

HMIS User Policy, Responsibility Statement & Code of Ethics, and the HMIS Participation

Agreement as set forth in the HMIS Policy and Procedure Manual and APPENDICES A and D.

G. The Agency will share Client information in compliance with the “Best Practices” on utilization of the ROI as set forth in the HMIS Policy and Procedure Manual and its APPENDIX D.

H. The Agency shall only enter individuals in the HMIS that exist as Clients under the Agency's jurisdiction. The Agency shall not misrepresent its Client base in the by entering known, inaccurate information.

I. The Agency shall use Client information in the HMIS, as provided to the Agency or Participating

Agencies, to assist the Agency in providing adequate and appropriate services to the Client.

J. The Agency shall consistently enter information into the HMIS and will strive for real-time, or close to real-time data entry or will enter data in the HMIS in compliance with the HUD Data

Standards and HMIS Policy and Procedure Manual.

K. The Agency will routinely review records it has entered in the HMIS for completeness and data accuracy. The review and data correction process will be made according to HMIS published

Policies and Procedures and Data Quality Plan and Best Practices Manual.

L. The Agency will not alter information in the HMIS that is entered by another Agency with known, inaccurate information. (i.e. Agency will not purposefully enter inaccurate information to over-ride information entered by another Agency).

Agency Participation Agreement Initial________

M. The Agency shall not include profanity or offensive language in the HMIS except as clinically necessary.

N. The Agency will keep updated virus protection software on Agency computers that access the

HMIS.

O. The transmission of material in violation of any federal or state regulations is prohibited.

This includes, but is not limited to, copyright material, material legally judged to be threatening or obscene, and material considered protected by trade secret.

P. The Agency shall not knowingly enter false or misleading data under any circumstance, nor use the HMIS with intent to defraud federal, state, or local governments, individuals or entities, or to conduct any illegal activity.

Q. The Agency agrees that Super User Subcommittees will meet on a regular basis to discuss and/or recommend updates for policy and procedure guidelines, data analysis, and software/hardware upgrades and will be the liaison between the HMIS Lead Agency and the Participating Agency.

The Agency will designate at least one Staff member or a Staff team as their Super User who will regularly attend Super User and Subcommittee meetings.

R. All recommendations agreed upon by the Super User Committee through the Subcommittees will be reviewed by the HMIS Steering Committee for approval and finalization.

V. Reports

A. The Agency shall retain access to identifying and statistical data on the Clients it serves only.

B. The Agency may make aggregate data available to other entities for funding or planning purposes pertaining to providing services to homeless persons. However, such aggregate data shall not directly identify individual Clients.

C. The HMIS Steering Committee will provide guidance to the HLA on the use of the data collected in the system and the reports to be produced. Only unidentified, aggregate data will be used for homeless policy and planning decisions. Aggregate data may also be used in preparing federal, state or local applications for homelessness funding, to demonstrate the need for and effectiveness of programs and to obtain a system-wide view of program utilization, as directed by the CoC

HMIS Steering Committee.

VI. Data Quality

A. Agency to familiarize itself and fully comply with the latest HMIS Data Quality Plan and Best

Practices Manual.

B. Collect all HUD mandatory data elements and +4 elements, according to the data completeness and accuracy requirements.

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VII. Super User

A. Each agency will designate at least one specific Staff member or a Staff team as their Super

User (Super User roles and responsibilities may be shared as a designated team), dependent on organization projects/programs/grants or those projects/programs/grants your organization accesses.

B. Agency will ensure that there is a succession plan in place so that there is no interruption to their Super User representation.

C. The Agency shall comply with responsibilities outlined in the Super User Roles and

Responsibilities document as set forth in the HMIS Policy and Procedure Manual and its

APPENDIX E.

D. Agency will agree to and support time commitment needed for fulfillment of Super User responsibilities as set forth in the HMIS Policy and Procedure Manual and its APPENDIX E.

E. Agency Supervisor to designate staff member or staff team to be Super User based on the knowledge, skills and abilities needed to fulfill the Super User Roles and Responsibilities outlined in APPENDIX E of the HMIS Policy and Procedure Manual.

VIII. Super User Committee/Subcommittees

A. The CoC will establish a Super User Committee represented by four (4) Subcommittees as its authorized representative to provide recommendations and oversight to the HMIS. The Super

User Committee will be made up of a designated Super User or Team Super User from each

Participating Agency.

B. Each Super User will serve on one of the four (4) Subcommittees (Data Analytics, Data

Quality, Sys Admin and Training).

C. The CoC through its Super User Committee and Subcommittees will make recommendations to the HMIS Steering Committee to include, but not limited to, HMIS policies and procedures, end user training, data quality process and best practices.

D. Agency designated Super User or Team Super User will communicate recommendations, questions and concerns on behalf of their Agency to the Super User Committee through the associated Subcommittee.

IX. HMIS Steering Committee

A. The CoC will establish a HMIS Steering Committee whose members embody the CoC and include representatives from the HMIS Lead, and Chair’s from each of the Subcommittees.

The HMIS Steering Committee makes HMIS Governance Charter recommendations and submits to the CoC for final approval.

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B. The HMIS Steering Committee reviews HMIS Policy and Procedure recommendations made by the “Super” User Committee for final approval. The Agency agrees to comply with these policies and procedures and shall require its employees and agents to do the same.

X. Proprietary Rights of WellSky

A. The Agency shall not give or share assigned passwords and access codes of the HMIS with any other Agency, business, or individual.

B. The Agency shall not cause in any manner, or way, corruption of the HMIS.

VIII. Terms and Conditions

A. Neither the CoC nor the Agency shall transfer or assign any rights or obligations without the written consent of the other party.

B. This Agreement shall be in-force until revoked in writing by either party provided funding is available.

C. This Agreement may be terminated with 30 days written notice.

D. This agreement may be modified or amended by written agreement executed by both parties with

30 days advance written notice.

Signature of Executive Director or Agency Designee

AGENCY

STREET ADDRESS

CITY, STATE ZIP CODE

Date

Agency Participation Agreement Initial________

Homeless Management Information System

ASSURANCE

_________________________________________ (Name of Agency) assures that the following fully executed documents will be on file and available for review.

❑ The Agency’s Confidentiality Policy

❑ The Agency’s Grievance Policy, including a procedure for external review.

❑ The Agency’s official Privacy Notice for HMIS clients.

❑ Executed HMIS Client Release of Information forms

❑ Annual fully executed User Agreement for all HMIS System Users.

❑ A copy of the Agency Participation Agreement between FFX CoC and the Agency.

❑ The Agency’s Super User Succession Plan.

By: Title:

Signature: Date: