DocuSign Envalope 1D: S40AC24F-9477-4A80-8825-0800869C1771 DSS Purchase Order # 225C08E306 Provider Contract # 22-085E-306 STATE OF SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES DIVISION OF BEHAVIORAL HEALTH. Purchase of Services Agreement For Provider Services Between Dakota Drug & Alcohol Prevention, Ine. State of South Dakota dib/a Prairie View Prevention Department of Social Services 822 East 41" Street, Suite 235 DIVISION OF BEHAVIORAL HEALTH Sioux Falls, SD $7105 700 Governors Drive Pierre, SD 57501-2291 Referred to as Provider Referred t as State The State hereby enters into a contract (the “Agreement” hereinafter) for procurement of goods or services. While performing services hereunder, Provider is an independent contractor and not an officer, agent, or employee of the State of South Dakota, 1. PROVIDER'S South Dakota Vendor Number is 12052195. 2. PERIOD OF PERFORMANCE; ‘A. This Agreement shall be effective as of June 1, 2021 and shall end on May 31, 2022, unless sooner terminated pursuant to the terms hereof. B, Agreement is exempt from the request for proposal process. 3. PROVISIONS: ‘A. The Purpose of this Provider conmct: ‘To provide substance use prevention services referred to in Atachment B, 2. Does this Agreement involve Protected Health Information (PHD)? YES (X) NO () IfPHI is involved, a Business Associate Agreement must be attached and is fully ineorporeted herein as part of the Agreement (refer to attachment A) 3, The Provider will not use state equipment, supplies or fecilities, B. The Provider agrees o perform the following services (add an attachazent if needed) 1. The tol of 10024, HO025, H0026, H0027, HO028, H0029) wil not exceed $135,019.00 (110024) Information Dissemination ($12.75/15 min, uni) (410025) Education ($12.75/15 min. unit. (40026) Community Based ($13.75/15 mia, unit) (410027) Environmental ($12.00/15 min wit) (€10028) Problem Identification and Referral ($15.00/1Smic, unit) (410029) Alternatives ($12.00/15 min. unit, Resource Development not o exceed $2,000.00 ‘Administrative expenses (maximus of 5% of dret cost subtotal) not to exceed: $6,751.00 Ancillary expeases not to exceed $2,000.00 Evaluation expenses not to excecd $13,702.00 Travel expenses not to exceed $625.00 apa‘Docusign Envelope ID: S40ACZAF-0477-4ASD-8626-289086001771 DSS Purchase Order # 22SC08E306 Provider Contract # 22-085E-306 . The TOTAL CONTRACT AMOUNT will not exceed $160,097.00 Payment will be in accordance with SDCL. 5-26 4. BILLING: Provider agrees to submit a bill for services within (30) days following the month in which services were provided. Provider wll prepare and submit a monthly bil for services. Provider agrees to submit a final bill within 30 days of the Agreement end date to receive payment for completed services. Ifa final bill eannot be submitted in 30 days, then a written request for extension of time and explanation must be provided to the State 5, TECHNICAL ASSISTANCE: ‘The State agrees to provide technical assistance regarding Department of Social Services rues, regulations and policies to the Provider and to assist in the correction of problem areas identified by the State's monitoring activities. 6. LICENSING AND STANDARD COMPLIANCE: ‘The Provider agrees to comply in full with all licensing and other standards required by Federal, State, County, City or Tribal statute, regulation or ordnance in which the service andor care is provided forthe duration of this Agreement. The Provider will maintain effective internal controls in managing the federal award. Liability resulting from noncompliance with licensing and other standards required by Federal, State, County, City or ‘Tribal statute, regulation or ordinance or through the Provider's failure to ensure the Safety of all individuals served is assumed entirely by the Provider. 7. ASSURANCE REQUIREMENTS: ‘The Provider agrees to abide by all applicable provisions of the following: Byrd Anti Lobbying Amendment (31 USC 1352), Exceutive orders 12549 and 12689 (Debarment and Suspension), Drug-Free Workplace, Executive Order 11246 Equal Employment Opportunity, Title VI ofthe Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, Title IX of the Educetion Amendments of 1972, Drug Abuse Office and Treatment Act of 1972, Comprehensive Alcohol Abuse and Alcobolism Prevention, ‘Treatment and Rehabilitation Act of 1970, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, Pro-Children Act of 1994, Hatch Act, Health Insurance Portability and Accountability Act (HIPAA) of 1996 as amended, Clean Air Act, Federal Water Pollution Control Act, Charitable Choice Provisions and Regulations, Equal Treatment for Faith-Based Religions at Title 28 Code of Federal Regulations Part 38, the Violence Against Women Reauthorization Act of 2013 and American Recovery and Reinvestment Act of 2009, as applicable; and any other aondiscrimination provision in the specific statute(s) under which application for Federal assistance is being made; and the requirements of any other nondiscriminationstatue(s) which may apply to the award. 8. COMPLIANCE WITH EXECUTIVE ORDER 2020-01 By entering into this Agreement, Provider certifies and agrees that it has not refused to transact business activities, {thas not terminated business activities, and it has not taken other similar actions intended to limit its commercial relations, related to the subject matter ofthis Agreement, with a person or entity that is either the State of Israel, ‘or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a ‘boycott of divestment of Israel in a discriminatory manner. Its understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. Provider farther ‘agrees to provide immediate writen notice to the State if during the term of this Agreement itno longer complies ‘with this centfication and agrees such noncompliance may be grounds for termination of this Agreement. 9. RETENTION AND INSPECTION OF RECORDS: owDocuSign Envelope 12. i ow 10, 9¢0RC24F.9477-4A5D-8625-080086901771 DSS Purchase Order # 22SC08E306 Provider Contract # 22-085E-306 ‘The Provider agrees to maintain of supervise the maintenance of records necessary forthe proper and efficient operation of the program, including records and documents regarding applications, determination of eligibility (when applicable), the provision of services, administrative costs, statistical, fiscal, ther records, and information necessary for reporting and accountability requited by the State. The Provider shall retain such records for a period of six years from the date of submission ofthe final expenditure report. IFsuch records are under pending audit, the Provider agrees to hold such records for a longer period upon notification from the State. The State, through any authorized representative, will have access to and the right to examine and copy all records, books, papers or documents related to services rendered under this Agreement. State Proprietary Information retained in Provider's secondary and backup systems will remain fally subject to the obligations of confidentiality stated herein until such information is erased or destroyed in accordance with Provider's established record retention policies. All payments to the Provider by the Stat are subject to site review and aualt as prescribed and carried out by the State, Any over payment of this Agreement shall be retuned to the State within thiny days after written notification tothe Provider, WORK PRODUCT: Provider hereby acknowledges and agrees that all reports, plans, specifications, technical data, drawings, software system programs and documentation, procedures, files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, State Proprietary Information, as defined in the Confidentiality of Information paragraph herein, state deta, end user data, Protected Health Information as defined in 45 CFR 160.103, and al information contained therein provided to the State by ‘the Provider in connection with its performance of service under this Agreement shall belong to ands the property of the State and will not be used in any way by the Provider without the written consent ofthe State Paper, reports, forms, software programs, source code(s) and other materials which are a pact of the work under this Agreement will not be copyrighted without writen approval of the State. In the unlikely event that any copyright does not fully belong to the State, the State nonetheless reserves a royalty-free, non-exclusive, and inrevocable license to reproduce, publish, and otherwise use, and to authorize others to use, any such work for ‘government purposes, Provider agrees to return al information received from the State to State's custody upon the end of the term of this Agreement, unless otherwise agreed in a writin signed by both parties. ‘TERMINATION: ‘This Agreement may be terminated by either party hereto upon thirty (30) days written natice. In the event the Provider breaches any of the terms or conditions hereof, this Agreement may be terminated by the State for cause at ‘any time, with or without notice. Upon termination of tis Agreement, all accounts and payments shall be processed according to financial arrangements set forth herein for services rendered to date of termination FUNDING ‘This Agreement depends upon the continued availablity of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation ofthe law or federal funds reduction, this Agreement will be terminated by the State, Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State. ASSIGNMENT AND AMENDMENTS: ‘This Agreement may not be assigned without the express prior written consent of the State. This Agreement may fot be amended except in writing, which writing shall be expressly identified as a part hereof, and be signed by ‘an authorized representative of each of the partes hereto. CONTROLLING LAW: ‘This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require ot ‘permit the application of another jurisdiction's substantive law. Venue for any lawsuit pertaining to or affecting ‘this Agreement shall be resolved inthe Circuit Cour, Sixth Judicial Cizcuit, Hughes County, South Dakota, 3DoouSign Envelope ID: S40AC24F-9477-4AS0-8825-969D86001771 DSS Purchase Order # 22SCO8E306 Provider Contract # 22-085E-306 15, SUPERCESSION: All prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect tothe subject matter hereof. 16. IT STANDARDS: Any software or hardware provided under this Agreement will comply with state standards which can be found at hip fit sd. govstandards 17. SEVERABILITY: In the event that any provision of this Agreement shall be held unenforceable or invalid by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement, ‘hich shall remain in full force and effect 18. NOTICE: ‘Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to the Division being contracted with on behalf of the State, and by the Provider, or such authorized designees as either party may from time to time designate in writing, Notices or communications to or between the parties shall be deemed to have been delivered when mailed by frst class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally Aelivered, when received by such party. 19. SUBCONTRACTORS: The Provider may not use subcontractors to perform the services described herein without express prior written consent from the State. The State reserves the right to reject any person from the Agreement presenting insufficient skills or inappropriate behavior. ‘The Provider will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Provider will cause ils subcontractors, agents, and employees to comply with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures a8 are necessary to assure such compliance, The State, at its option, may require the vetting of any subcontractors. The Provider is required 10 assist inthis process as needed 20, STATE'S RIGHT TO REJECT: Tae State reserves the right to reject any person or entity from performing the work or services contemplated by ‘this Agreement, who present insufficient skills or inappropriate behavior. 21, HOLD HARMLESS: The Provider agrees to hold harmless and indemnify the State of South Dakota its officers, agents and employees, from and against any and all actions, suits, damages, lability or other proccedings which may arise asthe result ‘of performing services hereunder. This section does not require the Provider to be responsible for or defend against claims or damages arising solely from errors or omissions of the Stat, its officers, agents or employees. owDDocuSign Envelope i: 840AC2AF-9477-4ASD-BB25-9890860C1771 DSS Purchase Order # 22SC08E306 Provider Contract # 22-08SE-306 22, INSURANCE: Before beginning work under this Agreement, Provider shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. The Provider, a ll times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits listed below. In the event a substantial change in insurance, issuance ofa new policy, cancellation or nonrenewal of the poliey, the Provider agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Provider shall furnish copies of insurance policies if requested by the Stat ‘A. Commercial General Liability Insurance: Provider shall maintain occurrence-based commercial general lability insurance or an equivalent form with a limit of not less than $1,000,000 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence. timit, B. Business Automobile Liability Insurance: Provider shall maintain business automobile liability insurance or an equivalent form with a limit of not less than $500,000 for each accident. Such insurance shall include coverage for owned, hired, and non- ‘owned vehicles. . Worker's Compensation Insurance: Provider shall procure and maintain Workers’ Compensation and employers’ lability insurance as required by South Dakota law. D. Professional Liability Insurance: Provider agrees to procure and maintain professional lability insurance with a limit not less than 1,000,000. (Medical Health Professional shall maintain current general professional liability insurance with @ limit of not fess than one million dollars for each occurrence and three million dollars inthe aggregate ‘Such insurance shall include South Dakota state employees as additional insureds inthe event a claim, lawsuit, or other proceeding is filed against a sate employee as a result of the services provided pursuant to this Agreement. If insurance provided by Medical Health Professional is provided on a claim made basi, then Medical Health Professional shall provide “tail” coverage fora period of five ‘years after the termination of coverage.) 23. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION: Provider certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by the federal government or any state or local government department or agency. Provider further agrees that it will immediately notify the State if during the term of this Agreement either itor is principals become subject 10 ‘debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency. 24, CONFLICT OF INTEREST: Provider agrees to establish safeguards to prohibit employees or other persons from using their positions for 2 purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain as contemplated by SDCL 5-18A-I7 through 5-18A-17.6. Any potential conflict of interest must be disclosed in writing. In the event ofa conflict of interes, the Provider expressly agrees to be bound by the conflict resolution process set forth in SDCL $-18A-17 through 5-18A-17.6. 25, CONFIDENTIALITY OF INFORMATION: Fer the purpose of the sub-paragraph, “State Proprietary Information” shall include all information disclosed to the Provider by the State, Provider acknowledges thal it shall have a duty to not disclose any State Proprietary Information to any third person for any reason without the express written permission ofa State officer 5 oatDocuSign Envelope iD: 40AC24F-9477-4ASD-2625-3890869C1771 DSS Purchase Order # 225C08K306 Provider Contract # 22-08SE-306 or employee with authority to authorize the disclosure. Provider shall not: (i) disclose any State Proprietary Information to any third person unless otherwise specifically allowed under this Agreement; (i) make any use of State Proprietary Information except to exercise rights and perform obligations under this Agreement; ii) make State Proprietary Information available to any of its employees, officers, agents or providers except those who have agreed to obligations of confidentiality at least as strict as those set out in this Agreement and who have a need to know such information. Provider is held to the samo standard of care in guarding State Proprietary Information as it applies to its own confidential or propritary information and materials ofa similar nature, and no less than holding State Proprietary Information in the strictest confidence. Provider shall protect confidentiality ofthe State's information from the time of receipt tothe time that such information is either retumed to the State or destroyed to the extent that it cannot be recalled or reproduced. State Proprietary Information shall not include information that (i) was in the public domain atthe time it was disclosed to Provider, Gi) was known to Provider without restriction atthe time of disclosure from the State; (ii that is disclosed with the prior written approval of State's officers or employees having authority to disclose such information; (iv) was independently developed by Provider without the benefit or influence of the State's information; (v) becomes known to Provider without restriction fiom a source not connected to the State of South Dakota. State's Proprietary Information shall include names, socal security numbers, employer numbers, addresses and all other deta about applicants, employers or other clients to whom the Stale provides services of any kind. Provider understands that this information is confidential and protected under applicable State law at SDCL 1-27-1.5, modified by SDCL 1-27-1.6, SDCL 28-1-29, SDCL 28-1-32, and SDCL 28-1-68 as applicable federal regulation and agrees to immediately notify the Stae if the information is disclosure, either intentionally or inadvertently. ‘The partes mutually agree that neither of them shall disclose the contents of the Agreement except as required ‘by applicable law or as necessary to carry out the terms of the Agreement or fo enforce that party"s rights under this Agreement Provider acknowledges that the State and its agencies are public entities and thus are bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action thatthe State reasonably believes is necessary to comply with the South Dakota open records or open meetings laws. [f work assignments performed inthe course ofthis Agreement require additional security requirements or clearance, the Provider will be required to undergo investigation. 26, REPORTING PROVISION: Provider agrees to reportto the State any event encountered in the course of performance ofthis Agreement which results in injury to any person or property, or which may otherwise subject Provider, or the State of South Dakota or its officers, agents or employees to liability. Provider shall report any such event to the State immediately upon discovery. Providers obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Provider's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g. attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Provider to report any event to lav enforcement or other entities under the requirements of any applicable law. 27. COST REPORTING REQUIREMENTS: The Provider apres to submit ost report inthe format required by the Sate, and is due four months Following the end ofthe Provider's fiscal yer. {No reporting is required 28. When required by Federal program legislation all prime consiructon contracts in excess of $2,000 awarded by nonFederalenites must inclide «provision for compliance wit the DevisBacon Act (40 USC. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”) wntDDocuSign Envelope ID: S40AC24F-9477-4ASD-BB25-5E9D869C1771 DSS Purchase Order # 22SC08E306 Provider Contract # 22-08SE-306 29. Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the ‘employment of mechanics or laborers must mclude a provision for compliance with 40 U.S.C. 3702 and 3704, as ‘supplemented by Department of Labor regulations (29 CFR Part 5) 30. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the Provider ‘wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Provider must comply with the requirements of 37 CFR Past 401, "Rights to Inventions Made by ‘Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any ireplemeating regulations issued by the awarding agency. owsDDocusign Envelope ID: 840AC24F-9477-£ASD-8525-G85085001774 DSS Purchase Order # 22SC0BE306 Provider Contract # 22-085E-306 31. AUTHORIZED SIGNATURES: In witness hereto, the partes signify their agreement by affixing ther signatures hereto. oe (a 2 cave0ai BrovirSipntue Date Dare Hensen Provider Printed Name tity (u fi aura Slate DSS Division Diretor-aura Ringling eee oot State - DSS Chiet Financial Officer Laurie Mikkonen peDocuSign Envelope ID: S4ORC24F-9477-4A80-BB25-889086001771 State Agency Coding: cEDA# 93.959 Company 2008 ‘Account 520601007, Center Rea 0851301 Center User 13910 Dollar Total 344,202.00 cRDAY Ee) Company 2000 ‘Account 520601001 Center Req, 0851301 (Center User 13910 Dollar Total $1.00 DSS Program Contact Person Phone DSS Fiscal Contact Person DSS Purchase Order # 22SC08E306 Provider Contract # 22-085E-306 93.959 93.959 93.959 93.959 2004 2008 2008 72008 520601002, 520601002. 20601002 520601002 0851301 0851301 0851301 (0851301 13920. 13950, 13960 13940 $10,008.00 341,084.00 ‘11,999.00 $52,799.00 35959 33959 Ec 3.959 72000 2000 72000 2000 520601001, 320601001 520601001 520601001 0851301 0851301 0851301 0851301 13920, 13950 13960 13940 $1.00 $1.00 $1.00 1.00 Phone Provider Program Contact Person _Darey Jensen Provider Program Email Address ~darcyj@prairieview net Provider Fiscal Contact Person _Ke Phone 605-331-5724 Jensen 724 Phone ~605-33I. ‘Tessia Johnston Provider Fiscal Email Address _kevinj@prairioview.netDDoouSign Envelope ID: ®40AC24F-9477-4AS0-8625-989086901771 L 2 DSS Purchase Order # 228CORE306 Provider Contract # 22-085E-306 STATE OF SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES ‘Attachment A Business Associate Agreement Definitions joneral definition: The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. Specific definitions: (@) Business Associate, “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean the Provider, ‘Consultant or entity contracting with the State of South Dakota as set forth more fully inthe Agreement this Business Associate Agreement is attached, (©) CER. “CFR” shall mean the Code of Federal Regulations. (©) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 ‘CER 160.103, and in reference to the party wo this agreement, sual mean South Dakota Department of Social Services. (4) Designated Record Set. “Designated Record Sot” shall have the mening given to such term in 45 CFR 164.501 (©) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CER Part 160 and Part 164 (Subparts A, C, D and E). More specifically, the "Privacy Rule” shall mean ‘the regulations codified at 45 CFR Part 160 and Part 164 (Subpars A and E), and the "Security Rule” shall ‘mean the regulations codified at 45 CFR Part 160 and Part 164 (Subparts A and C). (Protected Heath Information. “Protected Health Information” or “PHI” shall mean the term as defined in 45 CER. §160.103, and is limited to the Protected Health Information received ftom, or received or created on behalf Covered Entity by Business Associate pursuant to performance ofthe Services under the Agreement. ‘Obligations and Activities of Business Associate Business Associate agrees to: (Not Use of Disclose Protected Health Information other than as permitted or required by the Agreement or as, Required by Law; (b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent Use or Disclosure of Protected Health Information other than as provided for by the Agreement; onDDocusign Envelope ID: 940AC2SF-9477-4ASD-BB25-9890809C1771 DSS Purchase Order # 225CO8E306 ‘Provider Contract # 22-085E-306 (©) Report to covered entity any Use or Disclosure of Protected Health Information not provided for by the ‘Agreement of which it becomes aware, including Breaches of Unsecured Protected Health Information as required at 45 CFR 164.410, and any Security Incident of which it becomes aware within five (5) business days of receiving knowledge of such Use, Disclosure, Breach, or Security Incident; (@) In accordance with 45 CFR 164.502(¢)(1)(i) and 164.308()2), if applicable, ensure that any Subcontractors that create receive, maintain, or transmit Protected Health Information on behalf of the business associate ‘agree tothe same restrictions, conditions, and requirements that apply to the business associate with respect to such information; (©) Make available Protected Health Information in a designated recordset othe covered entity as necessary to satisfy covered entity's obligations under 45 CFR 164,524. Business associate shell cooperate with covered emit to fall all zequests by Individuals for access to the Individuals Protected Health Information that are approved by covered entity. If busines asociate receives request from an Individual for access to Protected Health Information, business associate shall forward such request to covered entity within ten (10) business ays. Covered entity shall be solely responsible for determining the scope of Protected Health Information and Designated Record Set with respect to each request by an Individual for access to Protected Health Information; (8) Make any amendment(s) to Protected Health Information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity's obligations under 45 CFR 164.526. Within ten (10) business days following any such amenciment or other ‘measure, business associate shall provide written notice to covered entity confirming that business associate thas made such amend-nents or other measures and containing any such information as may be nevessary for covered entity to provide adequate notice to the Individual in accordance with 45 CFR 164.526. Should business associate receive requests to amend Protected Health Information from an Individual, Business associat shall cooperate with covered entity to fulfil all requests by Individuals for such amendments tothe Individual’s Protected Health Information that are approved by covered entity. If business associate receives a request from an Individual to amend Protected Health Information, business associate shell forward such request to covered entity within ten (10) business days, Covered entity shall be solely responsible for etermining whether to amend any Protected Health Information with respect to each request by an Individual for access to Protected Health Information; (8) Maintain and make availabe the information required to provide an accounting of Disclosures tothe covered entities necessary to satisfy covered entity's obligations under 45 CFR 164.528, Business associate shall cooperate with covered entity to fulfil all requests by Individuals for access to an accounting of Disclosures that are approved by covered entity. If business associate receives @ request from an Individual for an accounting of Disclosures, business associate shall immediately forward such request to covered entity Covered entity sall be solely responsible for determining whether to release any account of Disclosures; (h) To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CER Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and (i) Make its intemal practices, books, and records available to the covered entity and / or the Seeretary of the United States Department of Health and Human Services for purposes of determining compliance with the HIPAA Rules. 3. Permitted Uses and Disclosures by Business Associate (@ Except as otherwise limited by this Agreement, Business Associate may make any uses and Disclosures of Protected Health Information necessary to perform its services to Covered Entity and otherwise meet its obligations under this Agreement, if such Use or Disclosure would not violate the Privacy Rule if done by the covered entity. All other Uses of Disclosure by Business Associate not authorized by this Agreement or by specific instruction of Covered Entity are prohibited. owDDocuSign Envelope ID: S40AC24F-9477-4ASD-8B25-960086001771 DSS Purchase Order # 22SC08E306 ‘Provider Contract f 22-085E-306 () The business associate is authorized to use Protected Health Information ifthe business associate de-identifies the information in accordance with 45 CFR 164.514(2)4c). In order to de-identify any information, Business ‘Associate must remove all information identifying the Individual including, but not limited to, the following: names, geographic subdivisions smaller then a state, all dates related to an Individual, all ges over the age of 89 (except such ages may be aggregated into a single category of age 90 or older), telephone numbers, fax numbers, electronic mail (email) addresses, medical record numbers, account numbers, certificate’ license ‘numbers, vehicle identifies and serial numbers (including livense plate numbers, device identifiers and serial ‘numbers), web universal resource locators (URLs), internet protocol (IP) address number, biometric identifiers (including finger and voice prints), full face photographic images (and any comparable images), any other ‘unique identifying number, and any other characteristic or code. (©) Business associate may Use or Disclose Protected Health Information as Required by Low. (@) Business associate agees to make Uses and Disclosures and requests for Protected Health Information consistent with covered entity's Minimum Necessary policies and procedures. (©) Business associate may not Use ot Disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity except forthe specific Uses and Disclosures set forth in (2) and (g). (f) Business associate may Disclose Protected Health Information forthe proper management and administration of business associate or to carry out the legal responsibilities of the business associate, provided the Disclosures are Required by Law. (@) Business associate may provide Data Ageregation services relating to the Health Care Operations of the covered entity Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions (8) Covered entity shall notify business associate of any limitations) in the Notice of Privacy Practices of covered entity under 45 CFR 164,520, to the extent that such limitation may affect business associate's Use or Disclosure of Protected Health Information (©) Covered entity shall notify business associate of any changes in, or revocation of, the permission by an Individual to Use or Disclose his or her Protected Health Information, to the extent that such changes may affect business associate's Use or Disclosure of Protected Health Information. (©) Covered entity shall notify business associate of any restriction on the Use or Disclosure of Protected Health Information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate's Use or Diselosure of Protected Health Information. ‘Term and Termination (2) Tom. The Term of this Agreement shall be effective as of and shal terminate on the dates set forth in the primary Agreement this Business Associate Agreement is alfached to or on the date the primary Agreement terminates, whichever is sooner. (b) Termination for Cause. Business associate authorizes termination of this Agreement by covered entity, if covered entity determines business associate has violated a material term of the Agreement (©) Obligations of Business Associate Upon Termination. 1. Except as provided in paragraph (2) ofthis section, upon termination of this agreement for any reason, Dbusiness associate shall return or destroy all Protected Health Information received from, or created or received by business associate on behalf of covered entity. This provision shall apply to Protected. Health Information that is in the possession of Subcontractors or agents of Business Associate. Business Associate shal retain no copies of the Protected Health Information. 2 owtDDocuSign Envelope ID: 640AC24F-0477-4ASD-B825-989086901771 DSS Purchase Order # 22SCO8E306 Provider Contract # 22-08SE-306 2. Im the event that business associate determines that returning or destroying the Protected Health Information is infeasible, business associate shall provide to covered entity, within ten (10) business days, notification of the conditions that make retum or destruction infeasible. Upon such determination, business associate shall extend the protections of this agreement to such Protected Health Information and limit further Uses and Disclosures of such Protected Health Information to those purposes that make the retum or destruction infeasible, for so long as business associate ins such Protected Health Information, (@) Survival. The obligations of business associate under this Section shall survive the termination of this Agreement. 6 Miscellancous () Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the soction as in effect or as amended (©) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time ‘as is necessary for compliance withthe requirements of the HIPAA Rules and any other applicable law. (©) Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules, (@ Conflicis, In the event of a conflict in between the terms of this Business Associate Agreement and the ‘Agreement to which it is attached, the terms of this Business Associate Agreement shal prevail to the extent ‘such an interpretation ensures compliance with the HIPAA Rules owt‘DocuSion Envelope ID: AOACZ4F-9477-4AS0-8825-689086001771 DSS Purchase Order # 228CO8E306 Provider Contract # 22-085E-306 Attachment B SFY2022 Prevention Contract Requirements I. _ Requirements of Accreditation for Provider Agencies ‘A. Prevention providers shall be accredited in their area of service by the Division of Behavioral Health, according to ARSD 67:61. Accreditation must be applied for or reccived prior to agreement implementation, TI, Data Reporting A Providers of prevention services shall report all required prevention data using the State’s management information system. IIL. Agreement Requirement for Prevention Staff ‘A. Prevention providers shall be well versed in prevention concepts, program strategies, research, and practice tends. Prevention providers shall be knowledgeable of prevention topics in the Behavioral Health area such as: alcobol, tobacco other drugs, and other risk and protective factors. Prevention providers shall have a working knowledge and skills in the areas of needs assessment, capacity building, strategic planning, implementation, evidence based programs, evaluation, community mobilization, cultural competency, and sustainability FEDERAL TERMS AND CONDITIONS OF THE AGREEMENT General ‘The Provider shall develop and implement Limited English Proficiency Policy (LEP), ss «condition for funding under this contact agreement to ensure that LEP individuals are provided with an opportunity to participate and understand all provided services. The means of effective communication may be through interpreters othe wansation ‘of writen material a deemed necessary by the Provider. PREVENTION DEFINITIONS ‘Strategic Prevention Framework (SPF): The SPF is a community-based approach to prevention that cuts cross ‘exiting programs and systems. SPF executes a data-driven, five-step process. Sustainability and cultural ‘competence are woven throughout the five steps of the SPF. Conduct a Needs Assessment Build Local Capacity Develop a Strategic Plan Implement Evidence Based Programs, Practices and Policies (EBPs) ‘Monitor and Evaluate Program Effectiveness ‘The five steps of the SPF arc designed to help communities build prevention competencies and the infrastructure necessary to implement and sustain effective prevention programs, policies and practices. Primary Prevention are strategies directed at individuals not identified to be in need of treatment. Universal Prevention is aimed atthe general public or a whole population group that has not been identified on the basis of individual risk Selective Prevention is aimed at individuals or @ subgroup of the population whose tisk of developing a disorder is significantly higher than average, ovatDDocusign Envelope 1D: 940AC24F-9477-4ASD-BB25-S890869C1771 DSS Purchase Order # 22SC08E306 Provider Contract # 22-085E-306 Indicated Prevention is aimed at individuals in @ high-risk environment who have minimal but detectable signs or symptoms foreshadowing disorder or have biological markers indicating predispositions for disorder but do not yet ‘meet diagnostic levels, Funding Sources: ‘The Prevention Program coordinates muliple funding sources. One or more of the following funding sources are used to support this prevention contract. The possible billable services a provider can bill to the State, depends on which funding source(s) they roceive. Block Grant funds are used to support Primary Prevention activities that are identified as universal, selective ‘and indicated populations and programming targeting substance use, abuse, or misuse. ‘SPE PES Grant funds can be used to support Primary Prevention activities that are identified as universal, selective and indicated populations and programming targeting underage alcohol use, abuse, or misuse. BILLING CODES One unit of service is equal to 15 minutes. 1H0024 Information Dissemination These activities provide awareness and knowledge of the nature and extent of alcoho! use, abuse and addiction, and their effects on individuals, families and communities as well as available prevention programs and services, 1H0025 Education These activities involve two-way communication and are distinguished from merely disseminating information by the fact that its based on an interaction between the educator and the participants 1H0026 Community Based These activities sim to enhance the ability of the community to more effectively provide prevention services for alcohol use, abuse and addiction, 10027 Environmental These activities seek to establish or change in community standards, policies and attitudes, thereby influencing the incidence and prevalence of alcohol use, abuse and addiction in the general population. H0028 Problem Identification and Referral These activities aim to identify youth who have engaged in age- inappropriate use of alcohol. Initial step is to determine if an individual's alcobot abuse behavior can be reversed trough education. Activities under this strategy would include structured prevention education programs to change the behavior, screening for tendencies toward alcohol abuse and referral to outside agenciesiservices A._ Block Grant for H0028 Problem ID & Referral ‘Block Grant or other funding can be utilized to provide structured prevention education programs to youth and ‘young adults to change the behavior, screening for tendencies toward alcohol abuse and referral to outside agencies for services. 1H0028 PIROI Student Assistance Programs: Structured prevention programs intended to provide alcohol information for students whose aleohol abuse may be interfering with their school performance. Examples ‘are: early identification of students’ problems, referral to designated helpers, follow-up services, in-school services (eg., support groups), screening for refer to outside agencies, and school policy development. 'H0028 PIRO2 DUVDWIUMIP Programs: Otherwise known as Diversion Programs (Prime for Life), are structured prevention education programs, utilizing EBPs, intended to change the behavior of youth and ‘young adults who have been involved inthe use of alcohol while operating a motor vehicle. Examples are: alcohol-related highway traffic safety classes, and court-mandated awareness and education programas. 110028 PIROS Prevention Assessment and Referral Services: Refers to those activities intended to provide a risk screening, assessment, and referal to prevention service populations for placement in prevention or ‘other appropriate services Requirement for SFY 2021: The minimum requirements for documentation include a log of individuals served, documentation of completion of a standardized soreening, the results of the screening, documentation owDoouSign Envelope ID: S40AC24F-9477-4ASD-8625-980086901771 DSS Purchase Order # 225C08E306 Provider Contract # 22-085E-306 of a brief intervention or services provided by the prevention program, documentation of those youth referred. 0m to other services. 1H0029 Alternatives These activities provide the opportunity to participate in healthy, positive, and constructive activities that exclude alcohol use. Alternatives must be implemented as part of a comprehensive alcohol use prevention plan and support the local evidence-based programming that is being implemented. RESD Resource Development includes other expenses related to carrying out an evidence based strategy that are not covered under another area of the budget. This may inelude the following: curriculum costs, purchase of media time or space, data collection Pride Survey), traning costs, etc. The narrative must explain each expense in detail and the ERP it is needed for when billing information is entered electronically via the State's prevention management information system, ANCL Ancillary includes the costs associated with incidental items needed for coalition meetings and incentives. ADMIN Administrative Costs includes costs associated with invoice/voucher preparation and management, project funding oversight, accountability requirements, and other related duties required to ensure fiscal compliance related (o this funding, These costs cannot exceed 5% of the subtotal of HO24, H0025, H0026, HO027, HO028 and RESD billing codes. EVAL Evaluation includes all casts astociated witha hired evaluator. This should include expense(s) for attending roquired trainings and all evaluation services provided tothe coalition. ‘TRVL Travel includes project director and other key staff travel expenses to attend state trainings and cary out services outside of local travel. Trainings may include one statewide training or mesting (2 days) and two regional trainings or meetings (1 day). Local travel is defined as 20 miles one direction from ageney address. Local travel 10 ‘cary out services, including attending coalition meetings is included in the direct services rates above (H0024, HOO2S, +0026, H0027, H0028, HO029) and should not be included here. Travel to carry out services, outside of the Local travel, may be reimbursed, Documentation related to travel must be submitted to DSSPREVCONT@state.sd.us and reference the corresponding invoice number o include: mileage from the office tothe meeting location in order to be reimbursed at $0.42 per mile, receipis for lodging, if applicable, and meals to be reimbursed at stato per diem guidelines, if not provided at the meeting Each provider is required to enter their data and billing information clectronically via the State’s prevention ‘management information system. Providers will be required to submit verification of expenses when invoicing. Itemized receipts identifying the purchased items must be submitted to DSSPREVCONT@state.sd.us and reference the corresponding invoice oumber. This applies to RESD, ANCL, EVAL, and TRVL. NON-BILLABLE ACTIVITIES: Data entry/billing inthe prevention management information system; agency staft ‘meetings, services that arc not addressing istues identified by the funding source; preperation for an accreditation review and time spent during the on-site visit; applications for funding/grants; ravel time to and from training or prevention activities. own