MICHIGAN HEALTH INFORMATION NETWORK SHARED SERVICES Exchange Care Plan/Integrated Care Bridge Record (ICBR) USE CASE AGREEMENT Approve Date: Effective Date: Change Control Version Number 1 2 3 Revision Date 09/03/14 09/09/14 09/10/14 4 Author(s) Section(s) Ward Kuzak Ward All 3, 4 3, 4 01/14/15 Ward 3, 10 5 01/20/15 Cooper All 6 04/13/15 Ward 4, 10 7 8 9 4/21/15 4/23/15 4/27/15 Woodruff Woodruff Woodruff/Livesay 3 All All 10 6/16/15 Taylor 3 Summary Approve Date Effective Date Initial Draft Clarified definitions Merge feedback from MDCH Updated based on UCS updates and UCIG creation Edit terms based on JeffL’s documentation rules Update definitions to remove specific transactions types. Update message and message content sections to refer to use case implementation guide Updated diagram Updated formatting Updated legal language, definitions, formatting Updated diagram This Use Case Agreement (“Use Case”) is one of several Use Cases and is effective and binding upon the undersigned Participating Organization (“Participating Organization”), and subject to the Qualified Data Sharing Organization Agreement /Virtual Qualified Data Sharing Organization Agreement/Consumer Qualified Data Sharing Agreement/Sponsored Shared Organization Agreement/State Sponsored Sharing Organization Agreement (the “Agreement”) between the Participating Organization and the Michigan Health Information Network Shared Services (“HIN”), as of the last date in the signature block hereto. HIN and Participating Organization are referred to herein collectively as “Parties” and individually as a “Party.” MiHIN Confidential 1. GOAL. HIN desires to assist Participating Organizations within HIN to communicate with other Participating Organizations within HIN, for the purpose of communicating patient data by electronically communicating with a health agency1 on a Transactional Basis, as defined below. 2. PURPOSE. The purpose of this Use Case is to set forth the requirements for HIN QOs to use HIN to provide a means for the Participating Organization to request and provide patient continuity of care information through HIN (the “Platform). 3. USE CASE DIAGRAM² ICO Primary Care Behavioral Health (PIHP) Social Services (LTSS) Social Services (LTSS) Behavioral Health (PIHP) Primary Care ICO 2 The bidirectional communications reflected in the Use Case diagram include the transmission of acknowledgements from the HIN. HIN may, depending on the capabilities of a particular Participating Organization, further pass on such acknowledgements to such organization. The transmission of error messages from the Participating Organization to the Source System is optional based on individual PO agreements with their participants, and industry best practices. MI Health Link is an initiative to coordinate care for approximately 200,000 Michigan residents dually enrolled in Medicaid and Medicare. These consumers often have complex The Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), created by the American Recovery and Reinvestment Act of 2009, requires that eligible hospitals and eligible professionals be “meaningful EHR users” to receive incentive funding. See generally https://www.cms.gov/ehrincentiveprograms/30_Meaningful_Use.asp. 1 MiHIN Confidential medical and psychological diagnoses that require cohesive communication and coordination among the physical, behavioral health and social service organizations that care for these consumers, such as Integrated Care Organizations (ICOs). With care management occurring independently within these organizations via Integrated Care Teams (ICTs) there is a need for a streamlined way to exchange a care plan for the consumer to ensure the consumer’s needs are being met. This initiative promotes care coordination through sharing member information in a Care Plan also referred to as an “Integrated Care Bridge Record” (ICBR) between Integrated Care Organizations and members of Integrated Care Teams. The Care Plan contained in an ICBR delivers a comprehensive and detailed overview of a member’s physical health, behavioral health, long-term care, and relevant services and supports. Specifically, an ICBR contains a member’s history, conditions list, lab results, medications, assessments, Individual Integrated Care and Supports Plan (IICSP), specialty provider reports, referrals, progress notes, and status changes. Integrated Care Organizations are responsible for coordinating the Integrated Care Teams and provisioning medical and long term care services and support (LTSS) for eligible participants. The ICT monitors the ICBR and develops the Individual Integrated Care and Supports Plan (IICSP). The ICT includes ICO care coordinators, long term supports and services coordinator, primary care and other treating providers, and Prepaid Inpatient Health Plans (PIHPs). Every member of the ICT has access to a member’s ICBR through a care coordination platform. The Michigan Health Information Network Shared Services (HIN) serves as the transport mechanism for the ICBR. The HIN does not store data. It simply routes requests for an ICBR from one ICO or PIHP to another and transports the ICBR from the reporting ICO/PIHP to the requesting ICO or PIHP. The ICOs create and update ICBRs for eligible participants, and then either grant access to the ICBR and/or share some or all of the ICBR with the ICT, dependent on the access control rules in place for that ICO. Therefore, a participant’s ICBR is accessible through a local ICO platform and can be shared between the ICT members. Please refer to the diagram above. Should a consumer move to a different ICO, then the participant’s ICBR is moved electronically to the new ICO by the appropriate Participating Organization. 4. DEFINITIONS 4.1 Message Content means information which is requested, received or sent by a Participant through the HIE Platform, including PHI, de-identified data, pseudonymized data, metadata, digital credentials, and data schema. 4.2 Network Downtime Means a Party is unable to transmit and receive data from the Internet for any reason, including but not limited to the failure of network equipment or software, scheduled or unscheduled maintenance, general Internet outages, and events of force majeure. MiHIN Confidential 4.3 Notice Means a message transmission that is not Message Content and which may include but not be limited to an acknowledgement of receipt or error response. 4.4 Transactional Basis Means, on a per transaction basis, the transmission of Message Content or a Notice within twenty (20) seconds of delivery or receipt of Message Content or Notice from a sending or receiving party. 4.5 ICBR means a Care Plan in the form of an Integrated Care Bridge Record. An individualized enrollee record generated and maintained within the ICO’s electronic Care Coordination platform. The ICBR contains a member’s history, conditions list, lab results, medications, assessments, Individual Care and Supports Plan (IICSP), specialty provider reports, referrals, and progress notes and status changes. 4.6 ICO means Integrated Care Organization. A Health Insuring Corporation (HIC) contracted with MDCH and CMS to comprehensively manage the full continuum of Medicare and Medicaid benefits for Medicare-Medicaid enrollees including long term services and supports. 4.7 ICBR Transaction is defined as the sum of three (3) exchange messages that are sent in one of two directions: 4.7.1 Participating Organization requests an ICBR care plan from another ICO,PIHP, provider or other organization (e.g. LTSS) . 4.7.2 Participating Organization receives a request for an ICBR care plan from another ICO,PIHP, provider or other organization (e.g. LTSS). 4.7.3 Participating Organization submits an ICBR care plan to another ICO,PIHP, provider or other organization (e.g. LTSS). 4.8 ICT means Integrated Care Team. A team including the enrollee, enrollee’s chosen allies or legal representative, Primary Care Physician, ICO Care Coordinator, LTSS Coordinator or PIHP Supports Coordinator (as applicable) and others as needed. The ICT works with the enrollee to develop, implement, and maintain the IICSP and to coordinate the delivery of services and benefits as needed for each enrollee. 4.9 IICSP means Individual Integrated Care and Supports Plan. The plan of care developed by an enrollee, the enrollee's ICO Care Coordinator and the enrollee's Integrated Care Team which incorporates the following elements: assessment results; summary of the enrollee’s health; the enrollee’s preferences for care, supports and services; the enrollee’s prioritized list of concerns, goals and objectives, and strengths; specific services including amount, scope and duration, providers and benefits; the plan for addressing concerns or goals; the person(s) responsible for specific interventions, monitoring and reassessment; and the due date for the intervention and reassessment. The IICSP is also referred to as person-centered plan or plan of care. The IICSP is maintained in the Integrated Care Bridge Record. 4.10 LTSS means Long Term care Services and Support. A range of supports and services designed to meet an individual’s needs in the most integrated setting and to enable a MiHIN Confidential person to live as independently as possible. LTSS are provided over an extended period, predominantly in homes and communities, but also in facility-based settings. 4.11 Message means a mechanism for exchanging Message Content, as defined below, between the Participating Organization through HIN, including query and retrieve. 4.12 Patient Data means any data that is electronically filed in a QO or QO Participant’s systems or repositories. The data may contain Protected Health Information (PHI), Patient Credit Information (PCI) or Personally Identifiable Information (PII) data. 4.13 Participating Organization (PO) means the data sharing organization signing this UCA that has also signed a Trusted Data Sharing Organization Agreement such as a Qualified Data Sharing Organization Agreement (QDSOA) with HIN. 4.14 PIHP means Prepaid Inpatient Health Plan. PIHPs manage the Medicaid specialty services under the 1915(b)(c) Waiver Program, consistent with the requirements of 42 C.F.R. Part 401. This benefit plan covers mental health and substance use services for people eligible for Medicaid who have a need for behavioral health, intellectual/developmental disabilities services and supports, or substance use services. 4.15 PO or QO Participant means an entity exchanging healthcare information from an edge system via the PO/QO through to HIN, and on to an eHealth Exchange participant (and vice-versa). 4.16 Qualified Organization (QO) means an organization that has signed a Qualified Data Sharing Organization Agreement (QDSOA) with HIN. 4.17 Source System means the computer system, typically and electronic health record system, at the Participating Organization, that generates the Message Content or Notice. 4.18 Trusted Data Sharing Organization (TDSO) means an organization that has signed any form of a data sharing organization agreement with HIN. 4.19 Data Sharing Agreement means any form of a data sharing agreement with HIN. 5. MESSAGE CONTENT. The Platform “Message Content,” as defined below, submitted pursuant to this Use Case may be used as follows: 5.1 Primary Use The Message Content and related Notices are used for reporting to the Platform consistent with the requirements set forth by Michigan statute and the HIN Administrative Rules (collectively, the “Platform Requirements”), as may be amended from time to time, for reporting cross exchange of data. 5.2 Additional Permissible Use MiHIN Confidential The Parties may make additional permissible use of the Platform Message Content, provided that such additional permissible use is consistent with Applicable Laws and Standards, as defined in Section 1.1 of the Data Sharing Agreement, including, without limitation, the Platform Requirements, to the extent such requirements are applicable to a Party. The Parties agree and understand that, to the extent that Message Content is being transmitted on behalf of a program within the meaning of 42 C.F.R. Part 2, that each Participant Organization is intended to be a Qualified Service Organization within the meaning of 42 C.F.R. § 2.11 engaged in data processing activities on behalf of the program and, as such, Participant Organization (1) acknowledges that in receiving, storing, processing or otherwise dealing with any patient records from such programs, it is fully bound by 42 C.F.R. Part 2 and (2) if necessary, Participant Organization will resist in judicial proceedings any efforts to obtain access to patient records except as permitted by 42 C.F.R. Part 2. 5.3 Additional Terms The Parties may use the Platform Message Content consistent with the terms herein and as otherwise permitted by the Data Sharing Agreement, provided, however, that in no case shall Participating Organization share Message Content in a manner inconsistent with this Use Case, as applicable. To the extent there is an express conflict between the terms herein and the Data Sharing Agreements, the Data Sharing Agreements, as applicable, shall prevail. 6. FEES HIN shall charge Participating Organization fees for the term of the Agreement for submitting Platform Message Content into the Platform. Arrangements for fees for this Use Case, if any, are addressed separately in a Statement of Work (SOW) between the Parties. 7. SERVICE LEVEL. The Parties desire that the Message Content and Notice exchange between Participating Organization, HIN and other HIN QOs meet the service levels set forth below: 7.1 Timeliness of Exchange. The Parties desire that the Message Content and Notice exchange occur on a Transactional Basis. 7.2 Network Downtime. Notwithstanding Sections 4 (Transactional Basis) and 7.1, if the Parties experience a Network Downtime, Message Content and Notices queued during the Network Downtime shall be retransmitted as soon as practicable upon network being available. Any planned or unplanned Network Downtime must be notified to HIN as defined Exhibit A – Service Level Interruptions. 8. AUDITING 8.1 Abilities to Audit. The Parties shall monitor and audit all access to and use of its system related to this Use Case, for system administration, security, and other legitimate purposes consistent with each Party’s standard operating procedures. MiHIN Confidential 8.2 Audit Logs. 8.2.1 Participating Organization. Participating Organization shall, at a minimum, log the following information: (i) date and time Message Content was accessed and identity (e.g., unique identifier) of individual or system, as applicable, accessing the Message Content to the extent such information is available to the Participating Organization; (ii) date and time Message Content was transmitted through the Participating Organization Platform and identity of individual or system, as applicable, transmitting the Message Content; (iii) date and time a Notice was sent or received from or to HIN; (iv) the unique message identifier for the Message Content accessed, sent, or received; (v) the Message Content accessed to the extent such information is available to the Participating Organization; and (vi) any Notices, failures, or network events. 8.2.2 HIN. With respect to its obligations as a business associate, if applicable, HIN shall, at a minimum, log the following information: (i) date and time Message Content was transmitted through the HIE Platform, and identity of individual or system, as applicable, transmitting Message Content; (ii) destination of Message Content; (iii) name of Participating Organization and/or PO Participant accessing the HIE Platform; (iv) identity (e.g., unique identifier) of individual or system, if applicable and available, accessing the Message Content; (v) the date and time the access occurred; (vi) if technically possible, the Message Content accessed; (vii) if technically possible, a description of Message Content accessed and, if necessary to comply with Applicable Laws and Standards and, specific Message Content fields accessed; (vii) the source IP address of the Message Content request; (viii) designation IP address of the Message Content request; and (ix) any Notices, failures, or network events. Except as provided in the foregoing, HIN shall not be obligated to maintain and shall not be responsible for, either maintaining records of the content of any Message exchange between the Parties or inspecting the content of such Messages. 8.3 Production of Audit Logs. Upon a good faith written request by a Party, the non-requesting Party shall produce the requested audit logs within five (5) business days from the date of the request to the requesting Party or a detailed written explanation of why the requested logs cannot be produced. 8.4 Retention of Audit Logs. The Parties shall retain audit logs in accordance with any and all requirements set forth in Applicable Laws and Standards2, including but not limited to the requirements under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations at 45 CFR Part 160, Part 162, and Part 164, the Michigan Public Health Code, MCL 333.1101 et seq., the Data Sharing Agreement, and as otherwise necessary to comply with this Use Case. 9. RESPONSIBILITIES OF THE PARTIES 9.1 Participating Organization’s Responsibilities “Applicable Laws and Standards” is a defined term in all forms of Trusted Data Sharing Organizations Agreements with HIN. 2 MiHIN Confidential 9.1.1 Participating Organization shall transmit to HIN the Message Content and Notices on a Transactional Basis. 9.1.2 Participating Organization shall retransmit, or make provisions to have retransmitted, Notices and/or Message Content to HIN, which (i) Participating Organization failed to deliver to HIN, or (ii) HIN failed to deliver to the other HIN QO, upon Participating Organization receiving a failure delivery Notice from HIN so long as HIN does not send such failure delivery notice after having first acknowledged and accepted with no errors the message from Participating Organization. Participating Organization may, on a Transactional Basis, transmit any Notices received from HIN to the PO Participant that submitted the Message Content, as necessary (e.g., transmitting an acknowledgment of submission received from HIN), if such capabilities are supported by and enabled on Participating Organization’s system as well as the PO Participant’s systems. The specifications for the Notices and/or Message Content are set forth for this Use Case on the HIN web site. 9.1.3 Participating Organization shall transmit data to HIN only from PO Participant's that have been authenticated by the other HIN QO. 9.1.4 Participating Organization shall optionally validate the Message Content Header (SAML Assertion) to ensure that the message is properly addressed with both sender and receiving facility and purpose of use. 9.1.5 Participating Organization shall send the Message Content Header (SAML Assertion) to ensure that the message is properly addressed with both sender and receiving facility and purpose of use. 9.1.6 Participating Organization’s shall transmit data to HIN only from organizations that have agreed to participate in this Use Case Agreement. 9.1.7 Notice of unauthorized send or receipt. In the event Participating Organization sends or receives Message Content for which Participating Organization is not authorized to send or receive, Participating Organization immediately informs HIN, delete such Message Content, and require its PO Participant users to do so. 9.1.8 Participating Organizations shall work with HIN to schedule and coordinate any changes to the production systems or networks involved in Message sending, filtering, translating, or forwarding activities so as to ensure the reliability and availability of the production environments. 9.2 HIN’s Responsibilities 9.2.1 HIN shall transmit to other HIN PO all Message Content and Notices on a Transactional Basis. 9.2.2 HIN shall transmit to Participating Organization all Message Content and Notices on a Transactional Basis. MiHIN Confidential 9.2.3 HIN shall be responsible for protecting Message Content. 9.2.4 HIN shall work with Participating Organizations to schedule and coordinate any changes to the production systems or networks involved in Message sending, filtering, translating, forwarding or receiving activities so as to ensure the reliability and availability of the production environments. 10. OTHER TERMS 10.1 Data Format, Validation and Transmission Specifications 10.1.1 The Message Content and Notices submitted to the HIN QO from HIN, or submitted to HIN from the HIN QO platform will be in accordance with the Exchange Care Plan/ICBR Implementation guide available at http://mihin.org/about-mihin/resources/. 10.1.2 The Message Payload submitted to the HIN Platform from HIN, or submitted to HIN from the HIN Platform will meet the HL7 C-CDA Release 2 format: Consolidated Clinical Document Architecture (C-CDA) - HL7 Implementation Guide for CDA® Release 2: Consolidated CDA Templates for Clinical Notes – within the implementation guide section (http://www.hl7.org/documentcenter/private/standards/cda/CDAR2_IG_NAMCS_DSTU_R 1_2014DEC.zip) 10.1.3 HIN shall validate all Conforming Messages. 10.1.4 Disclaimers. (a) Prior to transmitting files to HIN, Participating Organization shall ensure that the data is from a Health Professional or provider organization that has entered into all necessary legal and data sharing agreements, such as a Business Associate Agreement, with the Participating Organization. (b) Participating Organization shall bear sole responsibility for ensuring that the Health Professional data meets the data integrity, format, security, and timeliness standards prescribed by this Use Case and the Agreement. [Signature Page Follows] MiHIN Confidential IN WITNESS WHEREOF, the undersigned have caused this Use Case to be accepted by their duly authorized representatives effective on the date written below, whichever is later. MICHIGAN HEALTH INFORMATION NETWORK SHARED SERVICES PARTICIPATING ORGANIZATION Organization Name By: By: Name: Name: Title: Title: Date: Date: EXHIBIT A – SERVICE LEVEL INTERRUPTIONS Interruption A PO experiences temporary service level interruptions from time to time. These service level interruptions may be planned or unplanned. A service level interruption results in a PO having to temporarily cease exchanging Message Content with all other POs through the HIN. To ensure that all Participants are aware of a service level interruption, the Participating experiencing the service level interruption sends a written notice to HIN of the interruption prior to the interruption, if planned, or as soon as reasonably practicable after the interruption begins if unplanned. HIN simultaneously notifies all other POs of the interruption. Since a service level interruption does not involve the suspension of a PO’s Digital Credentials, the PO is responsible for taking all technical actions necessary to carry out a service level interruption. During a service level interruption, the PO continues to be responsible for complying with the terms of this Agreement. Suspension If, at any point, a PO decides that it requires a temporary suspension from participation and its responsibility for complying with the terms of this Agreement, it shall send a written notice to HIN. The PO must give notice of its need for a temporary voluntary suspension at least twentyfour (24) hours prior to commencing its voluntary suspension. The notice specifies the reason for, the commencement date of, and the duration of the voluntary suspension. Upon receipt of the notice of voluntary suspension, HIN forwards the notice to all other POs of the suspension. MiHIN Confidential