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HomeMy WebLinkAboutPrairie Lakes Community Health Board - Delegation AgreementDELEGATION AGREEMENT FOR PROGRAM, ADMINISTRATION, DATA, AND RESOURCE SHARING BETWEEN PRAIRIE LAKES COMMUNITY HEALTH BOARD AND THE BOARDS OF OTTER TAIL AND WILKIN COUNTIES THIS AGREEMENT, is made and entered into the 7th day of January 2026 (the “Effective Date”) pursuant to Minnesota Statutes 145A.07, Subd. 2 by and between the Counties of Otter Tail and Wilkin Counties (collectively, the “Counties”) and Prairie Lakes Community Health Board, a joint powers entity (collectively, the PLCHB). WHEREAS, the Counties desire to work collaboratively to implement a regional Public Health sharing model; and WHEREAS, PLCHB is a community health board as that term is used in Minnesota Statute 145A.02, Subd.5 and WHEREAS, PLCHB recognizes that clients move across county boundaries and that in order to effectively and efficiently maintain services for clients, it is necessary and desirable to share client information and service delivery between and among county agencies; and WHEREAS, PLCHB recognizes that in order to implement a cross-agency programs and coordinate public health services on a regional basis as identified in the addendum, the Counties will need to share information and resources with each other, as permitted by state and federal law; and WHEREAS, PLCHB desires to delegate the below-described responsibilities to the Counties; and WHEREAS, the Counties wish to carry out said responsibilities in accordance with applicable federal and state laws, regulations and standards; and WHEREAS, the Counties hereby state and affirm they are fully qualified and capable of performing said responsibilities; and WHEREAS, the Counties therefore desire to enter into this Agreement to identify the Counties and PLCHB roles and responsibilities in implementing public health programs. . NOW, THEREFORE, in consideration of the mutual promise and benefits that each party shall derive here from, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE I- DEFINITIONS The terms used in this Agreement shall have those definitions as described in Minnesota Statute Chapter 145A. ARTICLE II- DELEGATION OF RESPONSIBILITIES Section 1: PLCHB may authorize Otter Tail and Wilkin Counties to carry out responsibilities to fulfill certain Community Health Board responsibilities. Section 2: In accordance with Minnesota Statute 145A.07, PLCHB hereby delegates, and the Counties hereby accept delegation of those responsibilities outlined in Exhibit A. Exhibit A may be amended from time to time by PLCHB provided that such change is communicated to the Counties at least ninety (90) calendars days prior to the implementation of the change. The Counties may raise an objection to the proposed change by notifying PLCHB no later than sixty (60) calendar days after such change is communicated. Disputes as to the propriety of any change to the exhibit as outlined in this subdivision shall be resolved by decision of the PLCHB to the extent that the change does not result in additional cost to the Counties. Section 3: It is expressly understood that this agreement does not address or provide for financial consideration for the delegated responsibilities except as outlined in Exhibit A. PLCHB will not assume financial responsibility for the delegated responsibilities except to the extent that PLCHB is the holder of a grant or third-party payment that allows payment to the Counties for some or all of the delegated responsibilities. Section 4: It is expressly understood that this Agreement does not alter the responsibilities of the PLCHB for the performance of duties specified in law. ARTICLE III- PLCHB RESPONSIBILITIES Section 1: The PLCHB will perform the duties outlined in the attached Exhibit A in accordance with applicable federal and state laws, regulations, and rules. Section 2: The PLCHB will perform ongoing oversight and monitoring of the Counties performance of its duties under this Agreement. This will include but not be limited to review of any reporting requirements under this Agreement. At any time, PLCHB may audit records and documents related to the responsibilities performed under this Agreement. PLCHB will provide at least thirty (30) calendar days advance notice prior to any on site audit. Section 3: The PLCHB will consult with, advise and assist the Counties in the performance of its duties under this agreement. Section 4: The PLCHB will use the following criteria to determine if the Counties meets appropriate standards and is sufficient to replace performance by PLCHB. A. Applicable federal and state laws, regulations, and rules B. Compliance with both PLCHB and the Counties policies and procedures. C. The Counties compliance with grant requirements of delegated grant work; D. The Counties compliance with PLCHB reporting requirements to federal and state agencies. E. The Counties compliance with the directive that delegated Community Health Services are accessible to all persons on the basis of need. F. The Counties compliance with the directive that delegated responsibilities will not be denied because of inability to pay. ARTICLE IV-COUNTIES RESPONSIBILITIES Section 1: The Counties will perform the responsibilities outlined in the attached Exhibit A in accordance with applicable federal and state laws, regulations, and rules. Section 2: The Counties will provide sufficient staff and resources as may be necessary to fully perform the responsibilities outlined in the attached Exhibit A. The Counties will maintain all federal, state, and local licenses, certifications, accreditations and permits, without material restriction, that are required to provide the activity outlined in this Agreement. The Counties will notify PLCHB in writing within ten (10) calendar days after it learns of any suspensions, revocations, condition, limitation, qualification or other material restrictions on the Counties licenses, certifications, accreditations, or permits. Section 3: The Counties will comply with all reporting requirements, including timeliness of reporting, that may be reasonably required by PLCHB. The Counties will provide PLCHB with regular reports, at least annually, regarding the provision of responsibilities under this Agreement. Section 4: The Counties may not sub-delegate any responsibilities delegated pursuant to this Agreement. ARTICLE V- RESPONSIBILITIES NOT DELEGATED Section 1: The Counties must not perform licensing, inspection or enforcement duties under the Agreement in territory outside its jurisdiction unless approved by the governing body for that territory through a separate agreement. Section 2: The scope of this Agreement is limited to duties and responsibilities agreed upon by the parties contained herein. Anything not outlined in this agreement is the responsibility of the Counties. ARTICLE VI- TERMINATION Section 1: This Agreement will automatically renew annually, subject to the termination provisions of this Article. Section 2: Either party may terminate this Delegation Agreement upon at least one hundred twenty (120) calendar days prior notice to the other party. Notice shall be in writing and sent by U.S. mail to the principal offices of the other party. Termination of delegation responsibilities will be effective January 1 following the notice of termination by either party. Section 3: PLCHB may revoke the delegation of some or all of the responsibilities which the Counties are obligated to perform under this Agreement in the event the Counties fail to perform the delegated responsibilities or correct non-compliant delegated responsibilities in a timely manner to the satisfaction of PLCHB. In such instance, the PLCHB must provide at least thirty (30) calendar days advance notice of such revocation unless immediate revocation is necessary to prevent harm or danger to individuals served by the delegated responsibilities. ARTICLE VII- DATA, AND RECORDS Section 1: The PLCHB and the Counties agree to maintain the confidentiality of protected health information regarding individuals served by the Counties pursuant to this Agreement and to comply with all state and federal requirements for accuracy and confidentiality of said data, including the requirements established by PLCHB. Section 2: The Counties shall maintain an accurate and timely record system through which all pertinent data relating to this Agreement is documented. The Counties shall retain all data related to this Agreement for a period consistent with a records retention schedule that has been provided to PLCHB or for such longer periods as required by applicable federal and state law or regulation. Section 3: The Counties agree to provide to PLCHB during the term of this Agreement and for a period of ten (10) years following the provision of services access to all data related to this Agreement unless such data may not be disclosed to PLCHB pursuant to the Minnesota Government Data Practices Act or other applicable laws. The Counties shall promptly provide data or information to PLCHB as requested. The Counties have no obligation to release records to the extent such release is unlawful. ARTICLE VIII- RESPONSIBILITY FOR DAMAGES Section 1: Each party shall be responsible for all damages, claims, liabilities, or judgements that may arise as a result of its own negligence or intentional wrongdoing. Any cost for damages, claims, liabilities, or judgements incurred as a result of the other party’s negligence or intentional wrongdoing shall be the responsibility of the negligent party. ARTICLE IX- GENERAL PROVISIONS Section 1: The parties agree to be bound by the terms of this Agreement for the responsibilities to be provided under this agreement until the parties enter a subsequent agreement or the Agreement is terminated by either party. Section 2: This Agreement may only be modified through a written amendment signed by both parties. Such amendment will require the signature of the Commissioner of Health or their designee. Amendment of Exhibits shall be governed by Article II, Section 2. Section 3: This Agreement shall be governed and construed under the laws of the State of Minnesota. Section 4: If any part of this Agreement should be determined to be invalid, unenforceable, or contrary to law, that part shall be deleted and the other parts of this Agreement shall remain fully effective. Section 5: Any section of this Agreement that by its terms contemplates or requires continuing effect following termination of this Agreement shall survive such termination. Section 6: The effectiveness of this Agreement is subject to the approval of this Agreement by the Minnesota Department of Health. (Remainder of this Page Intentionally Left Blank) Exhibit A Responsibilities PLCHB Responsibilities Counties Responsibilities Foundational Capabilities/ Statutory Mandates • Assessment & Surveillance • Policy Development & Support • Community Partnership Development • Accountability & Performance Management • Equity • Organizational Competencies • Communications • Appointment of Medical Consultant • Appointment of CHS Administrator • Appointing State Community Health Services Advisory Committee member and alternate • Annual reporting, accountability and performance management • Fiscal management, support, and oversight • Host PHDOC contract and server (Otter Tail) • CHA/CHIP • Strategic Planning • Workforce Development • Quality Improvement • CHB policy development and support • Legislative monitoring • Health equity • Enforce laws, regulations and ordinances pertaining to powers and duties • CHB meetings and associated documentation • External communication of public health responsibilities • Program and CHB grant proposal development, reporting and management. • Hire personnel • Incorporate personnel into county system and policies • Staff supervision • Staff compensation • Staff equipment and furniture • Information technology support, computer, internet and phone access • Physical office space for staff • Financial management of staff time • Orientation to County related employment • Participation in the annual reporting of performance measures and reports on expenditures • Participation in the development of plans and policies • Provide matching funds as required by Minnesota Statute 145A. Maternal, Child and Family Health • Family Home Visting • WIC (Women, Infant, Children) • Follow Along Program • EHDI/BDI • Program supervision • Program orientation • Grant oversight • Grant reporting • Financial management of grants • Partnership management • Data management • PH Doc maintenance • Communications • Community partner development • Health equity • Hire personnel • Incorporate personnel into county system and policies • Staff supervision • Staff compensation • Staff equipment and furniture • Physical office space for staff • Financial management of staff time • Orientation to County related employment Communicable Disease Control • Disease Prevention and Control • Immunization Programs • Program supervision • Program orientation • Grant oversight • Grant reporting • Financial management of grants • Partnership management • Report and investigate communicable disease • Case Management (Tuberculosis, Latent Tuberculosis, Hepatitis B, Refugee Health) • Directly Observed Therapy • MNVFC site visits • Data management • PH Doc maintenance • Community Vaccine Clinics • Distribute vaccine in accordance with MDH policies • Communications • Community partner development • Health equity • Hire personnel • Incorporate personnel into county system and policies • Staff supervision • Staff compensation • Staff equipment and furniture • Physical office space for staff • Financial management of staff time • Orientation to County related employment Emergency Preparedness & Response • PHEP • RSG • MN Responds • Program supervision • Program orientation • Grant oversight • Grant reporting • Financial management of grants • Data management • CHB partnership management • Communications • Health equity • Hire personnel • Incorporate personnel into county system and policies • Staff supervision • Staff compensation • Staff equipment and furniture • Physical office space for staff • Financial management of staff time • Orientation to County related employment • Departmental/County COOP • Local partnership management • Local Response Plans and MOU management (Isolation and Quarantine, Minnesota Responds, etc.) • Local Emergency Management coordination • Local communications needs Chronic Disease and Injury Prevention • SHIP • Mental Health • Substance use prevention • Lead • Program supervision • Program orientation • Grant oversight • Grant reporting • Financial management of grants • CHB Coalition management • Data management • PH Doc maintenance • Communications • CHB Community partner and development • Health equity • Hire personnel • Incorporate personnel into county system and policies • Staff supervision • Staff compensation • Staff equipment and furniture • Physical office space for staff • Financial management of staff time • Orientation to County related employment • Ordinance development, maintenance and compliance • Local programs, coalitions, and grants unique to the county • Local communication needs Environmental Public Health • Public Health Nuisance • Food, Pool and Lodging Delegation (FPL) • Other environmental health (e.g. mold, radon, air quality) • FPL Ordinance development, compliance and maintenance • FPL Program Standards review • FPL Program supervision • FPL Program orientation • FPL Partnership management • FPL Data management • CHB Environmental Health Grant oversight • CHB Environmental Health Grant reporting • Financial management of CHB Environmental Health grants • EH Manager maintenance • Communications • Health equity • Assure protection against environmental health hazards is addressed • Hire personnel • Incorporate personnel into county system and policies • Staff supervision • Staff compensation • Staff equipment and furniture • Physical office space for staff • Financial management of staff time • Orientation to County related employment • Response to other local environmental health issues • Other local environmental health ordinance development, compliance and maintenance • Removal, enforcement and abatement of public health nuisances • Sales age compliance checks • Response to Water Advisories • Outreach and education on community driven environmental health issues • Local Environmental Health related grant oversight, reporting and management Access to & Linkage with Clinical Care • Child and Teen Check-up • Dental Health • Program supervision • Program orientation • Grant oversight • Grant reporting • Financial management of grants • Partnership management • Data management • PH Doc and CATCH3 maintenance • Communications • Hire personnel • Incorporate personnel into county system and policies • Staff supervision • Staff compensation • Staff equipment and furniture • Physical office space for staff • Financial management of staff time • Orientation to County related employment • Community partner and development • Health equity