REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 24, 2026
FROM
JOSHUA DUGAS, Acting Director, Department of Behavioral Health
SUBJECT
Title
Inland Empire Health Plan Data Use Agreements to Protect the Privacy and Security of Protected Health Information in the Provision of Services to Members at Desert Haven Apartments and Golden Apartments
End
RECOMMENDATION(S)
Recommendation
Approve the following non-financial Data Use Agreements, including non-standard terms, to protect the privacy and security of protected health information in the provision of intensive case management and community health services, effective March 24, 2026 through October 31, 2030:
1. Data Use Agreement with Inland Empire Health Plan, the Housing Authority of the County of San Bernardino, Valley Star Behavioral Health Inc., Step Up on Second Street, Inc., and Inland Housing Solutions to safeguard protected health information of Desert Haven Apartments residents.
2. Data Use Agreement with Inland Empire Health Plan, the Housing Authority of the County of San Bernardino, Step Up on Second Street, Inc., and Inland Housing Solutions to safeguard protected health information of Golden Apartments residents.
(Presenter: Joshua Dugas, Acting Director, 252-5142)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). The Data Sharing Agreements (Agreements) establish the conditions under which Inland Empire Health Plan (IEHP) will share data with San Bernardino County (County) and other agencies such as the Housing Authority of the County of San Bernardino (Housing Authority), Valley Star Behavioral Health Inc., Step Up on Second Street, Inc., and Inland Housing Solutions are included as parties to each agreement. The Agreements are non-financial in nature.
BACKGROUND INFORMATION
DBH provides mental health and substance use disorder services to residents of the county who are unhoused or at risk of homelessness through agreements for permanent supportive housing projects. DBH has a history of partnering with various agencies such as the Housing Authority; managed care health care providers such as IEHP; housing developers; and contract service providers for the purpose of collaborating in assisting this population in obtaining and retaining housing.
Under the recommended Agreements, IEHP will provide the County and other parties to each agreement access to certain Protected Health Information (PHI) and/or electronic Protected Health Information (ePHI) maintained by IEHP for the purpose of confirming eligibility of IEHP members for the provision of housing units, intensive case management, and community health services at the Desert Haven Apartments and Golden Apartments. This information is vital to establishing overall eligibility and securing the appropriate housing, resources, case management, behavioral health and health care services, as well as housing retention once established for these residents. The ability to share data between these agencies enhances care coordination between behavioral health, physical health, and social services providers. This coordination also supports housing services for the County’s severely mentally ill population, improving physical and behavioral health outcomes.
The parties to the recommended Agreements, including the County, are required to comply with certain Health Insurance Portability and Accountability Act (HIPAA) requirements to ensure that IEHP’s data is secure and properly protected from unauthorized use and disclosure. The recommended Agreements also incorporate a Business Associate Agreement (BAA) to comply with HIPAA to the extent that the parties act in the capacity of a business associate to IEHP.
The Agreements contain non-standard terms that differ from the standard County contract, which include the following:
1. The Agreements include mutual indemnification whereby each party is required to defend, indemnify, and hold the other parties harmless from and against any and all claims from the negligent acts or omissions of the party. The BAAs that are included in the Agreements include an indemnity provision that requires the County to defend and indemnify IEHP for claims arising out of any reason in the performance of County’s obligations under the BAAs.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify the other agencies, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against the other agencies without such limitations and the County could be responsible to defend and reimburse the other agencies for costs, expenses, and damages.
2. The Agreements require the other agencies to meet the County’s insurance standards as required pursuant to County Policies 11-05, 11-07 and 11-07SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that the other agencies will be financially responsible for claims that may arise under the Agreements, which could result in expenses to the County.
3. The venue within the Agreements is in the state or federal courts located in San Bernardino or Riverside.
• County Policy 11-05 requires venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Having a venue in Riverside County may result in expenses to the County that might not have been incurred if venue was in San Bernardino County.
DBH recommends approval of the Agreements, including the non-standard terms, to ensure PHI and ePHI disclosed by IEHP for its members are protected against unauthorized use or disclosure as required by law. These Agreements will support the provision of housing and support services to eligible IEHP members at the Desert Haven Apartments and Golden Apartments.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by Behavioral Health (Marianna Martinez, Administrative Supervisor II, 383-3940, and Yvonne Morgan, Ethics and Compliance Coordinator, 658-1859) on February 26, 2026; ); County Counsel (Charles Phan, Supervising Deputy County Counsel, 387-5455) on February 27, 2026; Risk Management (Stephanie Pacheco, Staff Analyst, 386-9039) on February 18, 2026; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 386-8392) on March 4, 2026.