STATE OF SOUTH DAKOTA MEMORANDUM OF UNDERSTANDING FOR THE SOUTH DAKOTA IMMUNIZATION INFORMATION SYSTEM (SDIIS) State and Clinic/Facility hereby agree to this Memorandum of Understanding (MOU) concerning Clinic/Facility use of software provided by the State for entering or viewing immunization information into the South Dakota Immunization Information System (SDIIS). This MOU replaces all previous MOUs entered between the parties regarding the SDIIS. This MOU begins the day the software is installed and terminates December 31, 2022. This MOU can be terminated upon 30 days written notice being received by the other party and may be terminated for cause by State at any time with or without notice. I. STATE A. Application State will provide access to the SDIIS web application to Clinic/Facility for participation in SDIIS. Ongoing improvements to the SDIIS software are the responsibility of State. No fee or charge will be assessed to Clinic/Facility for the initial installation, periodic upgrading, or the basic SDIIS training of personnel. Technical support for the SDIIS application will be provided by State. B. Security State is responsible for the physical security of the SDIIS servers. State will take reasonable and appropriate measures to protect against unauthorized access and to provide the appropriate physical environment for the file servers and associated equipment. State is responsible for monitoring the SDIIS central database to protect against inappropriate system use. State will assign individual user credentials to each authorized person requesting access to the SDIIS upon completion of the SDIIS User Access Account Application. State and/or its agents will monitor database access on a regular basis. Any user that has not accessed the SDIIS for a minimum of 3 months will be automatically deleted without notice. To regain access the user must submit a SDIIS User Access Account Application to SDIIS staff. C. Training The SDIIS project team, consisting of State and contract personnel, is responsible for Clinic/Facility initial SDIIS application training. This training is not intended to provide basic personal computer, Windows, or browser skills, which are Clinic/Facility responsibility. State will provide additional training as changes to the application merit. State is responsible for providing a copy of routine updates and the SDIIS application User's Guide to Clinic/Facility. II. CLINIC/FACILITY A. Use Clinic/Facility is responsible for appropriately using the SDIIS software for the sole purpose of participating in SDIIS. The SDIIS purpose is to maintain a database of all children immunized at Clinic/Facility and in South Dakota with a goal of age-appropriate immunizations. Other uses of SDIIS are inappropriate and forbidden and may result in Clinic/Facility exclusion from the SDIIS, as well as other civil or criminal penalties. Ensure that no personal devices, only work devices are used to access the SDIIS. Responsible for providing internet connectivity. Ensure that, when used, all wireless internet connections are authenticated. Take appropriate steps to ensure that assigned login names and passwords are not available to those not authorized to use SDIIS. Ensure that login names and passwords are not shared among users; each user must have a unique login name and password. If the clinic/facility accesses SDIIS client immunization history via an Electronic Health Record link, the facility must have the ability to investigate user activity and determine the user if requested by SDDOH. The clinic/facility must notify SDIIS staff of personnel changes when they occur. Users’ accounts will be inactivated within one week of voluntary employment termination or transfer. In cases of involuntary termination, the person’s account will be inactivated immediately. If the clinic/facility enter immunizations into the SDIIS, they must prominently display/or distribute materials about SDIIS that notify individuals of their option not to participate. If a client wants to opt out of SDIIS, refer client to these materials. Ensure that records are locked in SDIIS for those individuals who have indicated their desire to opt out. Responsible for entering immunization information into the SDIIS. It is strongly recommended that data be entered daily. This only applies to clinic/facility with full user level access. The inventory report generated by SDIIS for Clinic/Facility should match its actual inventory. State will conduct a technical assistance visit at least once every 24 months at clinics/facilities enrolled in the Vaccines for Children (VFC) program. The visit will include a verification of vaccine inventory generated by the SDIIS application to the actual doses in inventory. If inventory cannot be verified, State will work with Clinic/Facility to determine the error source and help rectify the inventory. Clinic/Facility agrees to impose no charge or fee to the patient or client for SDIIS use. B. Confidentiality Any release of information outside the intended use of SDIIS is the responsibility of Clinic/Facility and should be conducted in the same manner as any release of patient/client immunization histories. Clinic/Facility agrees to have written policy or procedures in place to ensure the security of immunization records. Use of information in an inappropriate manner is a Class 1 misdemeanor per SDCL 34-22-12.5. C. Employee Status Neither Clinic/Facility nor any employee or agent thereof will hold him or herself out as, or claim to be, an officer or employee of State and will not make any claim, demand or application to or for any right or privilege applicable to an officer or employee of State including, but not limited to, workers' compensation, health, life or malpractice insurance, retirement membership or credit, and clinic agrees to assume responsibility for such liabilities. D. Negligence Clinic/Facility agrees to hold harmless and indemnify the State of South Dakota, its officers, agent and employees, from and against all actions, suits, damages, liability or other proceeding which may arise because of performing services hereunder. This section does not require Clinic/Facility to be responsible for or defend against claims or damages arising solely form acts or omissions of State, its officers or employees.
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