HomeMy WebLinkAboutPR 18501: COMMISSION ROR THE USE OF ONLINE APPLICATION ASSISTANCE SERVICES Memorandum
City of Port Arthur, Texas
Health Department
TO: John A. Comeaux, P.E., Interim City Manager
FROM: Judith Smith, RN, BSN Health Directory
DATE: September 4, 2014
SUBJECT: Proposed Resolution No. 18501
Approval of a Memorandum of Understanding between the City of Port Arthur
And Health and Human Services Commission
RECOMMENDATION
It is recommended that the City Council approve P.R. No. 18501, approving a Memorandum of
Understanding for the purpose of assisting the public with online community-based applications
for social services.
BACKGROUND
Health and Human Services Commission has a Community Partner Program which allows
organizations to assist people in applying for social services online. The City of Port Arthur will
serve as an access point for applicants and recipients of Health and Human Services Commission
to access benefit information.
BUDGETARY AND FISCAL EFFECT
None.
STAFFING EFFECT
None.
SUMMARY
It is recommended that the City Council approve P.R. No. 18501, approving a Memorandum of
Understanding for the purpose of assisting the public with online community-based applications
for social services.
P. R. NO. 18501
9/04/14-js
RESOLUTION NO.
A RESOLUTION AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR
AND HEALTH AND HUMAN SERVICES COMMISSION FOR
THE USE OF ONLINE APPLICATION ASSISTANCE SERVICES
WHEREAS, it is deemed in the best interests of the City of Port Arthur and the
Health and Human Services Commission to authorize a Memorandum of Understanding
as it pertains to the use of the Online Application Assistance Services; and,
WHEREAS, the City of Port Arthur Health Department will serve as an access
point for applicants and recipients of Health and Human Services benefits programs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That, the facts and opinions in the preamble are true and correct.
Section 2. That, the City Manager and City's Health Director are herein
authorized to execute the Memorandum of Understanding in substantially the same form
as attached hereto as Exhibit "A".
Section 3. That, a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of September 2014
A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following Vote:
P. R. NO. 18501
9/04/14-js
AYES: Mayor:
Council members:
NOES:
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
\r,A),
Val Tizeno ity/ttorney
APPROVED FOR ADMINISTRATION:
u yr mry ESN
John A. Comeaux, P.E., J�dith Smith, RN, BSN
Interim City Manager Director of Health Services
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
HEALTH&HUMAN SERVICES COMMISSION
AND
CITY OF PORT ARTHUR HEALTH DEPARTMENT
FOR
Online Community-Based Application Assistance Services through the YourTexasBenefits.com
For
Supplemental Nutrition Assistance Program,Temporary Assistance for Needy Families,
Medicaid,CHIP,Long-Term Care Services programs
THIS Memorandum of Understanding(the"MOU") is entered into between the HEALTH AND HUMAN
SERVICES COMMISSION("HHSC"), an administrative agency within the executive department of the State
of Texas with its central office at 4900 North Lamar Boulevard, Austin Texas, 78751 and the City of Port
Arthur Health Department("CP")having an office at 449 Austin Avenue, Port Arthur, TX, 77640, for the
purpose of assisting with online community-based application assistance in connection with the Supplemental
Nutrition Assistance Program(SNAP), Temporary Assistance for Needy Families(TANF), Medicaid, Long-
term Care Services program(LTC), and Children's Health Insurance Programs (CHIP). HHSC and CP may be
referred to in this agreement individually as a"Party"or collectively as the "Parties."
I. PURPOSE
The purpose of the Community Partner Program is to strengthen community partnerships with
organizations that assist people in applying for social service programs using the online application. The
CP project will help increase awareness and utilization of online applications and case information that
will build efficiencies and benefits for the people,the state and community partners.
II. GOALS
The Online Application Assistance project aims to:
• Strengthen community relationships;
• Work together to provide information and support;
• Provide report and tracking capabilities to community partners;
• Facilitate the application process for people;
• Increase access for people through the Internet reducing the need to go to offices;
• Increase access to the online application and/or provide application assistance through local
organizations;
• Streamline the eligibility process;
• Reduce data entry for HHSC staff; and
• Complete online applications to facilitate eligibility determinations.
1
III. AUTHORITY
HHSC is authorized to disclose confidential information from SNAP, TANF, Medicaid, and CHIP
programs based upon client consent and/or as permitted by 7 C.F.R. Section 272 (SNAP); 45 C.F.R.
Section 205.50 (TANF); 42 C.F.R. Section 431.300 et. Seq. (Medicaid); 42 C.F.R. Section 457.1110
(CHIP).
IV. AGREEMENT
The City of Port Arthur Health Department, located at 449 Austin Avenue, Port Arthur, TX, 77640, and
its legal affiliates, agree to serve as an access point for applicants and recipients of Health and Human
Services benefits programs. Community Partner agrees to provide HHSC with a list of its legal
affiliates and affiliate staff and volunteers; and agrees to ensure affiliates adhere to the MOU
agreement. For purposes of this agreement, Health and Human Services benefits programs include the
Medicaid program, Children's Health Insurance Program (CHIP),the Supplemental Nutrition Assistance
Program (SNAP), the Temporary Assistance to Needy Families (TANF) program, the Long-term Care
Services program (LTC) and any other public assistance benefits program for which an individual may
complete an online application through the YourTexasBenefits.com website.
V. PARTNER LEVELS
The CP and its affiliates agree to provide at least one of the following level(s) of Service as
approved by HHSC:
Level I CP(Self Service Site)
The CP will provide access to a computer with an internet connection to applicants and recipients
seeking to apply online for HHSC social service programs (such as SNAP, TANF, Medicaid, CHIP and
LTC) using the Your Texas Benefits website. The Community Partner can agree to provide any of the
following additional resources to applicants and recipients: printer, copy machine, fax machine,
telephone, and/or document scanner. In providing Level I Services, the CP is acting on behalf of the
applicant or recipient and not on behalf of HHSC. The CP may not access information from the
"YourTexasBenefits.com"website for the benefit of the CP.
Level II CP(Assistance Site)
The CP will provide access to a computer with an Internet connection to applicants and recipients
seeking to apply online for HHSC social service programs (such as SNAP, TANF, Medicaid, CHIP and
LTC)using the Your Texas Benefits website. With applicant/recipient consent, the CP will provide staff
and/or volunteers to assist recipients and applicants with understanding and completing the online
application process. Level II Community Partners that have received specific additional HHSC training
and authorization, may help research the client's case status information. This research is done using a
Community Partner inquiry function of the Self Service Portal with log-on information supplied by the
client. This service will assist clients to determine where in the process their current application is, the
benefits they are currently receiving and when their benefit program started or will end. The
Community Partner can agree to provide any of the following additional resources: printer, copy
2
machine, fax machine, telephone, and/or document scanner. The CP will provide assistance and access
to a computer after receiving written consent from the applicant or recipient on an HHSC approved
form. In providing Level II Services, the CP is acting on behalf of the applicant or recipient and not on
behalf of HHSC. The CP may not access information from the "YourTexasBenefits.com" website for
the benefit of the CP.
VI. HHSC STATEMENT OF DUTIES:
HHSC, in support of the community partners that assist people in applying for benefits through this MOU,
will provide to the CP:
a) Initial training and training updates as needed on use of the Your Texas Benefits online
application web site, for Level II application assistance and case management functions, general
information about the HHSC benefit programs, information security, training on confidentiality
and any other appropriate training determined necessary by the HHSC;
b) The standards and process for certifying staff and volunteers providing application assistance;
c) Materials such as the HHSC signage, applications, brochures, etc.; and access to support for
website issues, application questions and client case issue resolution;
d) Identification of the CP via the Your Texas Benefits public Internet web page as a Community
Partner willing to assist applicants or recipients as a Self Service Site or an Assistance Site; and
e) Provide a process for CPs to request information and technical support.
VII. CP STATEMENT OF DUTIES:
a) Service Duties.
The CP, in support of the HHSC's efforts to provide awareness of and access to social service programs
through the YourTexasBenefits.com website will:
i) At no cost, provide applicants and recipients access to a computer with an Internet connection;
and assist applicants and recipients in applying for the HHSC social service programs if the CP
provides Level II assistance services;
ii) Prominently display appropriate HHSC benefit materials such as HHSC signage, applications,
brochures, etc.;
iii) Ensure all employees, agents, staff, volunteers, or subcontractors acting on behalf of the CP in
providing Services, are trained and annually retrained on use of the Your Texas Benefits online
application web site, Application/Case assistance for Level II services (as applicable), general
information about the HHSC benefit programs, information security, confidentiality and any
other appropriate training determined necessary by the HHSC;
iv) Refer people to other public assistance programs, as available;
3
v) Allow the HHSC access to monitor partner sites and activities for compliance to the rules of this
MOU;
vi) For Level II CPs, the CP will obtain applicant consent on a signed and valid H0926-CP-
AA/H0926-CP-CA, Sharing Facts About Me and My Case form. ; and
vii)Retain records for seven years of applicant consent and lists of employees, volunteers or staff
authorized to access or assist applicants to access the yourtexasbenefits.com Self Service Portal.
b) Compliance Duties.
i) To the extent applicable, the CP is responsible for compliance with all laws, regulations, and
administrative rules that govern the performance of the Services including, but not limited to, all
State and Federal tax laws, State and Federal employment laws, State and Federal regulatory
requirements, and licensing provisions.
ii) To the extent applicable, the CP agrees to assure each of its employees, agents, volunteers or
subcontractors who provide Services under the MOU are properly licensed, certified, and/or have
proper permits to perform any activity related to the Services and will monitor to ensure all
trainings and certifications requirements are met.
iii) To the extent applicable, the CP warrants that the Services comply with all applicable Federal,
State, and County laws, regulations, codes, ordinances, guidelines, and policies. The CP will
indemnify the HHSC from and against any losses, liability, claims, damages, penalties, costs,
fees, or expenses arising from or in connection with the CP's failure to comply with or violation
of any such law, regulation, code, ordinance, or policy.
iv) The CP will monitor all staff that have access to confidential information and ensure that all
confidential information is accessed only with signed client consent. The CP will retain the
signed H0926-CP-AA/H0926-CP-CA, Sharing Facts About Me and My Case client consent form
for seven years. It is a breach of the Agreement and a breach of confidential information for any
person other than the client,to access confidential information without such signed consent.
c) Security and Confidentiality Duties.
i) Neither the CP nor the HHSC are the Business Associate of the other, as defined by the Health
Insurance Portability and Accountability Act of 1996, 42 U.S.C. §1320d, et seq., and regulations
adopted under that act. The CP is solely acting on behalf of the people it provides Level II
Services to, based on the consent of those individuals described above.
ii) The CP acknowledges that the information it receives based on individual consent for assistance
for Level II services is highly confidential and sensitive. Certain HHSC information may also be
highly confidential. The CP agrees that the CP, its staff, employees, agents, volunteers and
subcontractors providing Services on the CP's behalf under this agreement will treat all
individual and HHSC information received as confidential to the extent that confidential
treatment is provided under law and regulations if held by the HHSC.
4
iii) The CP will access, maintain, retain, modify, record, store, destroy, or otherwise hold, use, or
disclose confidential information only in a secure fashion. For purposes of this Agreement, a
secure fashion means that the confidential information is rendered unusable, unreadable, or
indecipherable to unauthorized persons by either encryption or destruction such that the
confidential information cannot be read or otherwise reconstructed. For example the CP will
require and ensure all browser activity and history be cleared and deleted between each applicant
or recipient the CP assists under Level I or Level II Services, and all paper copies of applicant or
recipient information is adequately private and secure.
iv) The CP will immediately report to the HHSC any actual, potential or attempted unauthorized
access, use, disclosure, modification, loss or destruction of confidential information, which has
the potential for jeopardizing the confidentiality, integrity or availability of the confidential
information (collectively an "incident"). The CP will cooperate fully with the HHSC in
addressing any such unauthorized acquisition, access, use or disclosure, or suspected or potential
unauthorized acquisition, access, use or disclosure of confidential information to the extent and
in the manner determined by the HHSC. The obligation of the CP in this regard begin at the
discovery of an Incident and continues as long as related activity continues, until all effects of
the incident are mitigated,to the HHSC's satisfaction.
v) The CP will ensure its officers, directors, employees, agents, subcontractors and volunteers are
adequately trained and educated and periodically retrained on the importance of protecting
confidential information and promptly reporting any Incident.
vi) The CP acknowledges any and all unauthorized disclosures or uses of applicant and recipient
confidential information or the HHSC's confidential information may cause immediate and
irreparable harm to individuals or the HHSC and may constitute a violation of State or federal
laws. If the CP, its employees, volunteers, subcontractors, or agents should use or disclose such
confidential information to others without authorization, the HHSC will immediately be entitled
to injunctive relief or any other remedies to which it is entitled under law or equity without
requiring a cure period.
VIII. CIVIL RIGHTS
To the extent applicable, the CP agrees to comply with state and federal anti-discrimination laws,
including without limitation:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
• Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
• Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107);
• Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688);
• Food and Nutrition Act of 2008 (7 U.S.C. §2011,et seq.); and
• The HHSC's administrative rules, as set forth in the Texas Administrative Code, to the extent
applicable to this Agreement.
a) The CP agrees to comply with all applicable amendments to the above-referenced laws, and all
applicable requirements imposed by the regulations issued pursuant to these laws. These laws
provide in part that no persons in the United States may, on the grounds of race, color, national
5
origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or
denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise
be subjected to discrimination.
b) To the extent applicable, the CP agrees to comply with Title VI of the Civil Rights Act of 1964,
and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting the CP
from adopting and implementing policies and procedures that exclude or have the effect of
excluding or limiting the participation of people in its programs, benefits, or activities on the
basis of national origin. The CP agrees to provide alternative methods for ensuring access to
services for applicants and recipients who cannot express themselves fluently in English.
c) The CP agrees to ensure that its policies do not have the effect of excluding or limiting the
participation of persons in its programs,benefits, and activities on the basis of national origin.
d) The CP agrees to take reasonable steps to provide services and information, both orally and in
writing, in appropriate languages other than English, in order to ensure that persons with limited
English proficiency are effectively informed and can have meaningful access to programs,
benefits, and activities.
e) The CP agrees to comply with Executive Order 13279, and its implementing regulations at 45
C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in
programs funded by direct financial assistance from the United States Department of Agriculture
or the United States Department of Health and Human Services shall not, in providing services,
discriminate against a program beneficiary or prospective program beneficiary on the basis of
religion or religious belief.
f) Upon request, the CP will provide the HHSC with copies of all of the CP's civil rights policies
and procedures.
g) The CP must notify the HHSC's Civil Rights Office of any civil rights complaints received
relating to its performance under this Agreement. This notice must be delivered no more than ten
(10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be
directed to:
HHSC Civil Rights Office
701 W. 51St Street, Mail Code W206
Austin, Texas 78751
Phone Toll Free: (888) 388-6332
Phone: (512) 438-4313
TTY Toll Free: (877)432-7232
Fax: (512)438-5885.
IX. MUTUAL RESPONSIBILITIES
The HHSC and the CP will communicate as necessary to successfully manage this agreement. They
will work in good faith together to fulfill the purpose of this agreement in assisting people in accessing
social service programs through the self-service portal.
X. TERM OF AGREEMENT
6
This MOU is effective from execution through August 31, 2016 and may be extended by mutual
agreement.
XI. TERMINATION OF AGREEMENT
Termination Without Cause. This MOU may be terminated by either party without cause upon thirty
(30)days written notice to the other party.
Notice of Breach and Termination for Cause. In the event of a party's failure to comply with a term of
this MOU, the non-breaching party will provide notice to the breaching party of the breach. Upon thirty
(30)days after such notice, if such breach is not cured to the non-breaching party's satisfaction, the non-
breaching party may proceed to termination by serving a notice of termination upon the breaching party,
which shall immediately terminate this MOU.
A breach of Social Security Number, client information, confidentiality, and/or security requirements
will be cause for immediate termination of the agreement.
Nonwaiver. Failure of either party to insist on performance of any term or condition of this MOU or to
exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such
term, condition, right or privilege.
XII. NOTICES
All written notices, requests and communications, unless specifically required to be given by a specific
method, may be sent to the address or telefacsimile number set forth below, by one of the following
methods: (1) delivered in person, obtaining a signature indicating successful delivery; (2) sent by a
recognized overnight delivery service, obtaining a signature indicating successful delivery; (3) sent by
certified mail, obtaining a signature indicating successful delivery; or (4) transmitted by telefacsimile,
producing a document indicating the date and time of successful transmission. Either party may at any
time give notice in writing to the other party of a change of address or telephone or telefacsimile
number.
To the CP:
City of Port Arthur Health Department
Judith Smith, Health Director
449 Austin Avenue
Port Arthur, TX, 77640
Telephone: (409)983-8832
Telefacsimile: (409)983-8874
E-Mail:judith@portarthur.net
7
. • •
To the HHSC:
Texas Health and Human Services Commission
Kimberly Tolbert
909 W45th Street, Bldg. 5, MC: 2077
Austin, Texas 78751
Telephone: 512-206-5667
Telefacsimile: 512-206-5538
Email: kmberly.tolbertnhhsc.state.tx.us
XIII. GENERAL TERMS
Amendments. This MOU may be amended or modified by the consent of both parties at any time
during its term. Amendments to this MOU must be in writing and signed by the HHSC and the CP. No
change in, addition to, or waiver of any term or condition of this MOU shall be binding on the HHSC
unless approved in writing by an authorized representative of the HHSC.
XIV. ASSIGNMENT
Neither party shall assign any right, benefit or duty under this MOU without the other party's prior
written consent.
TEXAS HEALTH AND HUMAN CITY OF PORT ARTHUR HEALTH
SERVICES COMMISSION DEPARTMENT
By: By:
NAME: Michelle Harper NAME: Judith Smith
TITLE: Associate Commissioner TITLE: Health Director
Community Access and Services
Date Date
8