#09-5343 (Quest Amend #1) FIRST AMENDMENT OF AGREEMENT BETWEEN
COLLIER COUNTY GOVERNMENT AND
QUEST DIAGNOSTICS INCORPORATED
THIS FIRST AMENDMENT is effective as of the 21st day of March 2011, by and between Quest
Diagnostics Incorporated, with a principal place of business located at 10101 Renner Blvd., Lenexa, KS
66219 ("Quest Diagnostics"), and Collier County Government, 3301 East Tamiami Trail, Bldg. D, Naples,
FL 34112.
WHEREAS, the parties have previously entered into a Letter of Agreement for Blueprint for Wellness
Services on the 12th day of July, 2010, for the performance of Blueprint for Wellness Services, (the
"Agreement");and
WHEREAS, the parties, by this First Amendment, desire to amend the Agreement by adding an
additional testing panel and a Datalink agreement.
NOW, THEREFORE, for and in consideration of the covenants and agreements made herein and of the
mutual benefits occasioned by the terms of this Amendment, the presence of which are mutually
acknowledged and confessed, the parties each agree as follows:
Urine Cotinine Testing -$40.00 per participant
Datalink—Sending a lab report and nightly CSV—See attachment C
All other terms of the Agreement, including any Attachment(s) thereto, not specifically modified by this
First Amendment, remain in full force and effect.
Execut-• in duplicate originals on the dates set forth the below by duly authorized representatives of the
partie-
QUE NOSTICS INCORPORATED COLLIER COUNTY GOVERNMENT
By:l By: irk , 1/
Pri Name: Steven L. Burton Print Name: Stephen Y. Carnell
Title:VP—Heal t h an Wellness Services Title: P1trc sing General Service Director
Date: 6 ( / Date:5 �
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Deputy Comity Attorney
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ATTACHMENT C
Blueprint for Wellness DataLinkTM
Customer Name/Account#(s)
Blueprint for Wellness DataLink
Flexible data interfaces and data file transfer options offered to link clients with key health partners to
help achieve their wellness program goals and objectives.
Request to transmit identified Personal Health Information (PHI)
Customer has directed Quest Diagnostics to release participant test results or other identifiable
health information (the "Data") to Customer's Group Health Plan, third party disease management
vendor, or wellness providers. Customer represents and warrants that:
(i) it will maintain the confidentiality of the Data in compliance with the requirements of
HIPAA,
(ii) has provided the appropriate notice to participants in Customer's HIPAA Notice of Privacy
Practices (the "Notice")to allow such a disclosure,
(iii) the disclosure of the Data is consistent with the Notice,
(iv) access to the Data by Customer's Group Health Plan will be limited to only those
employees who require access to the Data for the proper performance of their duties,
(v) the Data received by Customer's Group Health Plan or by any third party requested by
Customer will solely be used for disease management or other Customer health benefits
management purposes,
(vi) any third party receiving the Data per Customer's request is a HIPAA compliant"Business
Associate" of Customer, and the terms of the agreement between Customer and any
such third party restricts the use of the Data for any purposes other than to provide
disease management or other wellness provider services,
(vii) the Data received by Customer or any third party under this Customer requested release
of the Data will not be used for healthcare treatment purposes, as the Data provided is
not in the form of a regulatory mandated laboratory report; and
(viii) in no event may Customer or any third party receiving the Data use the Data in a way that
places Quest Diagnostics at a commercial disadvantage, such as by providing the Data to
Quest Diagnostics competitors or by using the Data to populate a physician desktop
management system (also referred to as Electronic Medical Records or Electronic Health
Records).
Customer acknowledges that Quest Diagnostics does not control the final output of how the
Customer, or any third party, presents and utilizes the Data, and that Customer is solely
responsible for the manner in which the Data is used by Customer or third parties under this
Agreement. Customer shall defend, indemnify and hold harmless Quest Diagnostics (including
its employees, directors, officers and agents) for claims of any nature associated with the use of
the Data for purposes that are identified as being prohibited under this Agreement, including
without limitation the use of the Data for healthcare treatment purposes. The foregoing ind- i ficatior
shall not constitute a waiver of sovereign immunity beyond the limits setfo
- • �i i • •B - • -
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For the avoidance of doubt, Customer, as well as any third parties receiving the Data, may not
sell or otherwise commercialize the Data.
Scope of Services Requested:
• Customer requests Standard data transmission(s) to B siness Associate(s) identified below
via se ured FTP.
Single data feed, provided at No-Charge
❑ Additional Standard data feed(s), at$5,000 per feed
• Customer requests Custom data transmission(s) to Business Associate(s) identified below via
secured FTP.
❑ Development quoted at an hourly rate of$200/hour based on specifications
DataLink Additional Terms of Service:
1. Thirty days are needed to set up a standard data feed.
2. Setup time required for a Custom feed is generally longer than for a Standard fee, and is
quoted with the development fee.
3. Custom data feeds can only be provided at the end of the program;transmissions may
not occur during the program.
4. If interfaces have previously been designed for a targeted health partner, the turnaround
for a new feed is approximately half.
5. Data collected from venipuncture screenings is generally transmitted to third parties two-
to-five days following collection.
DataLink Data Interface Request
Type of Data Target
Business Associate Client is Feed Information Requested Delivery Charges
Requesting Data Feed for Requested in Data Feed Date
❑ Standard Lab Reports sent secure email
Co.NameCommunity Health Partners CSV
Secured Email
Service: X Secured FTP
❑ Standard Nightly feed
Address: HL7
Contact: ❑ Secured
Email
Phone/Email: ❑ Secured
FTP
❑ Custom
❑ Secured
Email
❑ Secured
FTP
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❑ Standard
Co' CSV
Name: ❑ Secured
Service: Email
❑ Secured
Address: FTP
❑ Standard
Contact: HL7
❑ Secured
Phone/Email: Email
❑ Secured
FTP
❑ Custom
❑ Secured
Email
❑ Secured
FTP
4
Type of Data Target
Business Associate Client is Feed Information Requested Delivery Charges
Requesting Data Feed for Requested in Data Feed Date
O Standard
Co. CSV
Name: ❑ Secured
Service: Email
0 Secured
Address: FTP
O Standard
Contact: HL7
O Secured
Phone/Email: Email
❑ Secured
FTP
❑ Custom
O Secured
Email
❑ Secured
FTP
❑ Standard
Co. CSV
Name: 0 Secured
Service: Email
O Secured
Address: FTP
❑ Standard
Contact: HL7
❑ Secured
Phone/Email: Email
❑ Secured
FTP
O Custom
❑ Secured
Email
❑ Secured
FTP
Authorized Customer Signature Quest Diagnostics Incorporated
Print Name: Print Name: Steven L. Burton
Title: Title: VP—Insurance Services
Date: Date:
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