Memorandum of Understanding

Memorandum of Understanding - General

A Memorandum of Understanding [MOU] may be developed and signed between DHHS and any other person, as well as between DHHS Offices/Divisions. An MOU may be used where the client’s permission to share information is required and where the client’s permission is not required because the law authorizes information sharing. An MOU is most useful when the two parties want to set up an agreement that clearly describes the element(s) of the data to be shared, the people with whom the data can be shared, how long the sharing agreement will last, the specific purposes for sharing the data, and any other obligations or restrictions that are appropriate.

A sample MOU is provided as a model for you to review. The sample includes all the elements that a complete MOU should contain. You may use this sample by replacing identifying information with the desired information for the circumstances. If you have any questions about whether an MOU is appropriate or if you need help writing one, you may contact Marina Thibeau (287-4252) in the Commissioner’s Office.

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MEMORANDUM OF UNDERSTANDING

BETWEEN

OFFICE / DIVISION OF “1”, and

OFFICE / DIVISION OF “2”

Purpose: This Memorandum of Understanding is executed to set out the agreement to grant limited access to the Office of “2” to client-identifiable-information stored, collected or administered by the Office of “1”. This Memorandum shall expire on July 1, (year). The parties shall renew this Memorandum or execute a modified version if they mutually agree that a renewed Memorandum is appropriate and useful.

Overview of statutory obligation of “1” relevant to the MOU: Among other things, “1” is responsible for controlling access to data which includes (brief descriptive text). State and federal laws require that “1” hold information collected from applicants and recipients confidentially.

Overview of statutory obligation of “2”relevant to the MOU: Among other things, “2” is responsible for (brief explanation relevant to MOU).

Rationale: Because “2” (brief explanation of “2””s need for “1”’s information) Therefore, “1” is permitted to share with “2” otherwise confidential information obtained from (insert) for the limited purpose of assisting with (brief re-statement of “2”’s statutory obligation). “2” shall maintain the confidentiality of the information received from “1” in accordance with its own confidentiality requirements set out in (statutory citation) except that “2” shall not disclose such information received from “1” (describe any exceptions, if applicable).

Responsibility: “1” will develop and oversee the ability of “2” (describe means of access)

Responsible Employees: The following employees of “1” and “2” are identified as the contacts within each Office to implement this Memorandum and to resolve any problems that arise in its implementation:

“1” Employee

“2” Employee

Should any issue arise that cannot be easily resolved, one or both of these contacts will notify the directors for their consideration of the issue and likely resolution, including modification or cancellation of this Memorandum.

Expiration Date: This Memorandum will expire on July 1, (year). Either signatory may cancel this Memorandum at an earlier date for any reason upon thirty days advance written notice to the other signatory.

DATED:

Director, Office of “1”

DATED:

Director, Office of “2”

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Memorandum of Understanding

(SAMPLE)

MEMORANDUM OF UNDERSTANDING

BETWEEN

OFFICE OF INTEGRATED ACCESS AND SUPPORT, and

OFFICE OF CHILD AND FAMILY SERVICES

Purpose: This Memorandum of Understanding is executed to set out the agreement to grant limited access to the Office of Child and Family Services (OCFS) to client-identifiable-information stored, collected or administered by the Office of Integrated Access and Support (OIAS). This Memorandum shall expire on July 1, 2009; the parties shall renew this Memorandum or execute a modified version if they mutually agree that a renewed Memorandum is appropriate and useful.

Overview of statutory obligation relevant to the MOU: Among other things, OIAS is responsible for controlling access to the data stored in ACES, which data includes client names, addresses, birth dates, social security numbers, as well as many details about each client’s household composition, finances, medical history and familial relationships. This information is collected and stored to assist in the operation of several needs-based programs, including the Food Stamp program. The state and federal laws controlling the Food Stamp program imposes on OIAS the requirement that information collected from applicants and recipients be held confidentially. 22 MRSA §42; 7 CFR §272.1. There are some exceptions, including disclosure of such information to persons directly connected with the administration of the Food Stamp program, other federal assistance programs, federally-assisted State programs giving means-based assistance to low-income individuals, or certain general assistance programs; or to persons directly connected with the administration of programs required to use the income and eligibility verification system (IEVS) to the extent that Food Stamp information is useful in eligibility or benefit decisions; or to persons directly connected with administration of the department’s Child Support program.

Overview of statutory obligation relevant to the MOU: Among other things, OCFS is responsible for investigation of allegations of child abuse or neglect. 22 MRSA §4004. In the course of any such investigation, OCFS may determine it has a need for information about the child, the child’s relationships or the person alleged to have abused or neglected a child, including information about names, addresses, birth dates, the child’s or related party’s household composition, finances, medical history and familial relationships. All department records containing personally identifying information created or obtained in connection to child protection activities are confidential and subject to limited disclosure as specified in state law. 22 MRSA §§4008 and 4008-A.

Rationale: Because OCFS child protection activities are supported in part by federal funds received under several federal child welfare laws, including the Child and Family Services Act of 2006 (amending Title IV of the Social Security Act), OCFS child protection activities qualify as an “other federal assistance program” under 7 CFR §272.1(c)(1). Therefore, OIAS is permitted to share otherwise confidential information obtained from food stamp applicant or recipient households with OCFS for the limited purpose of assisting with an active child protection investigation and only to the limited extent that such information is useful and relevant to an active child protection investigation. OCFS shall maintain the confidentiality of the information received from OIAS in accordance with its own confidentiality requirements set out in 22 MRSA §4008 except that OCFS shall not disclose such information received from OIAS under its optional or discretionary authority to disclose child protection activities information. It is acknowledged that OCFS may be required to disclose this information received from OIAS under its mandatory disclosure obligations set out in 22 MRSA §4008(3). Penalties for any unauthorized disclosure as described in this Memorandum shall be the same as set out in 22 MRSA §§42(2) and 4008(4).

Responsibility: OIAS will develop and oversee the ability of OCFS crisis hotline responders and child protection investigators to have computer access to certain data screens for ACES as are necessary to perform their child protection activities in accordance with the law. These data screens will reveal only the following data elements:

Responsible Employees: The following employees of OIAS and OCFS are identified as the contacts within each Office to implement this Memorandum and to resolve any problems that arise in its implementation:

OIAS Employee

OCFS Employee

Expiration Date: This Memorandum will expire on July 1, 2009. Either signatory may cancel this Memorandum at an earlier date for any reason upon thirty days advance written notice to the other signatory.

DATED:

Director, Office of Integrated Access and Support

DATED:

Director, Office of Child and Family Services

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