To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Data Use Agreement #78-052 from the California Department of Public Health, Office of AIDS
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director or designee to execute, on behalf of the County, Data Use and Disclosure Agreement #78-052 with the California Department of Public Health, as required for the lawful disclosure of human immunodeficiency virus (HIV)/ acquired immunodeficiency syndrome (AIDS) case data to the County’s Public Health Division, for a period of five (5) years from the date of execution.
FISCAL IMPACT:
This agreement is non-financial resulting in no fiscal impact.
BACKGROUND:
Pursuant to Health & Safety Code § 121025, public health records and data developed or acquired by a state or local public health agency that relate to human immunodeficiency virus HIV or AIDS and contain personally identifying information are confidential and shall not be disclosed without the individual’s authorization except as provided by law for public health purposes. Federal, state, and local health agencies may only disclose such records and information to each other as necessary to carry out the duties of the agency and only if there is a confidentiality agreement in place.
The California Department of Public Health (CDPH) maintains data relating to HIV and AIDS which contains personally identifying information (Data). The County’s Public Health Division HIV/STI Program needs this Data on a quarterly basis to carry out public health duties including HIV surveillance, research, and outreach services to ensure residents living with HIV/AIDS are connected to health care services. CDPH and County must execute a confidentiality agreement so the Data may be lawfully disclosed.
Approval of the Data Use and Disclosure Agreement #78-052, titled California Enhanced HIV/AIDS Case Reporting System Data Use and Disclosure Agreement, permits CDPH to disclose the Data to County.
The term of the Data Use and Disclosure Agreement is five-years and includes a provision wherein the County agrees to indemnify, hold harmless and defend CDPH from and against claims, liabilities, losses, damages costs and other expenses that result from or arise directly or indirectly from any negligent act or omission or willful misconduct on the part of the County.
CONSEQUENCE OF NEGATIVE ACTION:
If this Data Use and Disclosure Agreement is not approved, the California Department of Public Health will be unable to provide necessary HIV/AIDS data to the Public Health Division’s HIV/STI Program.