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Excerpts from a Standard Memorandum of Agreement Between CDC and Local Hospitals
MEMORANDUM OF AGREEMENT BETWEEN THE CENTERS FOR DISEASE CONTROL AND PRVENTION (CDC) AND [LOCAL HOSPITAL] TO PREVENT THE INTRODUCTION, TRANSMISSION, AND SPREAD OF COMMUNICABLE DISEASES IN THE UNITED STATES (VERSION 4, 2004) BACKGROUND … CDC, through the Division of Global Migration and Quarantine, is authorized to detain, isolate, quarantine, or conditionally release individuals who are reasonably believed to be infected with, or a source of infection, to others of certain communicable diseases…. To implement this authority, CDC may, from time to time, request the assistance of public and private health care facilities to provide care and treatment of individuals affected by one of these diseases. PURPOSE and SCOPE OF AGREEMENT The purpose of this Memorandum of Agreement is to establish a framework for cooperation between CDC and [name of Hospital] for the care and treatment of persons reasonably believed to be infected with, or a source of infection to others, the communicable diseases listed by Executive Order, and who are arriving in the United States from a foreign country, moving or about to move from one state to another, or who might infect persons moving from state to state. The Agreement establishes a mechanism by which individuals subject to federal quarantine authority may receive diagnostic, isolation, and treatment services, and establishes standards for communication between CDC and the Hospital concerning the care required and provided to these individuals. In addition, this agreement may be used as the basis for facilitating the clinical evaluation, examination, diagnosis, |
and treatment for persons affected by other diseases of urgent public health significance for which federal quarantine is not yet authorized. DESCRIPTION OF SERVICES The hospital agrees to provide the following services:
CDC agrees to provide the following services: [The first two items in this section are perfunctory and therefore were omitted from this abbreviated MOA.]
SCOPE OF AUTHORITY The Hospital and CDC acknowledge that the Hospital retains primary responsibility for the clinical care of the referred individual, and that CDC will serve in a consultative capacity. The Hospital and CDC further acknowledge that CDC retains full authority for determining when to institute and/or discontinue isolation of individuals referred under this agreement. The Hospital and CDC finally acknowledge that CDC represents interests of public health, and that the Hospital may be asked to assist in the implementation of communicable disease control and prevention measures. |
EFFECT ON PROCEDURES AND LAWS … This agreement does not supersede any requirements or obligations of the Hospital that otherwise exist in federal, state, or local law…. REIMBURSEMENT OF COST Pursuant to section 322 of the Public Health Service Act, persons whose care and treatment is authorized in accordance with quarantine laws may receive such care and treatment at the expense of CDC subject to the following:
CONFIDENTIALITY Hospital agrees that it will not disclose the nature of this effort or the terms of this agreement to any person or entity, except as may be necessary to fulfill its obligations hereunder or pursuant to written agreement from CDC. To the extent permitted by federal law, CDC will not disclose the nature of this effort or the terms of this agreement to any person or entity, except as may be necessary to fulfill its mission and statutory and regulatory responsibilities. RELEASE OF HEALTH INFORMATION Pursuant to 45 CFR § 164.512(b) of the Health Insurance Portability and Accountability Act (HIPAA) Standards for Privacy of Individually Identifiable Health Information; Final Rule (Privacy Rule) (45 CFR § 164.501), the Hospital may disclose without individual authorization protected health information to public health authorities. CDC is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability |
[Sections of MOA omitted here: Settlement of Disputes; No Private Right Created; Amendment, Termination, and Duration; Effective Date; Approving Authorities (signatories)] POINTS OF CONTACT The following Hospital and CDC representatives will serve as the points of contact to implement this agreement: [Name and address of Hospital representative] [Name and address of CDC Quarantine Station] APPENDIX I Preparedness Criteria for Healthcare Facilities The healthcare facility should be equipped and prepared to care for a limited number of patients with a communicable disease as specified in the Memorandum of Agreement as part of routine operations. The purpose of this document is to establish the preparedness criteria that healthcare facilities must meet in order to comply with the terms of the agreement. [Twenty specific criteria are outlined in a total of six areas: preparedness planning; clinical evaluation; infection control, isolation, and environmental controls; exposure reporting and evaluation of risk; communication and reporting; and administrative issues.] APPENDIX II Certification of Satisfaction of Preparedness Standards Number of private rooms _____ |
Number of airborne infection isolation (AII) rooms _____ Number of isolation beds _____ Number of infectious disease physicians _____ Number of infection control practitioners _____ Hospital 24-hour phone number _____ Number of ICU nurses _____ Number of ICU beds _____ Number of critical care physicians _____ Number of critical care nurses _____ EMS Services Does hospital have a relationship with EMS that will require a separate MOA? Yes _ No _ If yes, EMS Contact Name ______________________________________ EMS Telephone ______________________________________ EMS Email ______________________________________ On behalf of the hospital/healthcare facility named below, I certify that we are in full compliance with the Preparedness Standards as outlined in Appendix I. [signature] _______________ SOURCE: Centers for Disease Control and Prevention, 2004. |