REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
BOARD GOVERNED COUNTY SERVICE AREAS
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE BIG BEAR VALLEY RECREATION AND PARK DISTRICT
BLOOMINGTON RECREATION AND PARK DISTRICT
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
INLAND COUNTIES EMERGENCY MEDICAL AGENCY
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
January 9, 2024
FROM
LUTHER SNOKE, Chief Executive Officer, County Administrative Office
SUBJECT
Title
Updates to County Policy Manual
End
RECOMMENDATION(S)
Recommendation
1. Acting as the Board of Supervisors for San Bernardino County, Board Governed County Service Areas, and the San Bernardino County Flood Control District, and as the Board of Directors for the Big Bear Valley Recreation and Park District, the Bloomington Recreation and Park District, In-Home Supportive Services Public Authority, Inland Counties Emergency Medical Agency, and the San Bernardino County Fire Protection District, approve the following updates to the County Policy Manual:
a. Amend Policy 07-16: Standards of Dress and Grooming
b. Approve and add new Policy 10-01: Signature Legibility
c. Approve and add new Policy 10-07: Records Management Program
d. Approve and add new Policy 10-08: Archives Management
2. Acting as the Board of Supervisors for San Bernardino County, approve amended County Policy Manual, Policy 14-03: Health Insurance Portability and Accountability Act Compliance Program.
3. Acting as the Board of Directors for the San Bernardino County Fire Protection District:
a. Designate the San Bernardino County Fire Protection District as a Hybrid Entity under the Health Insurance Portability and Accountability Act.
b. Adopt amended County Policy Manual, Policy 14-03: Health Insurance Portability and Accountability Act Compliance Program, and all amended Standard Practices associated with Policy 14-03.
(Presenter: Luther Snoke, Chief Executive Officer, 387-4811)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost) as this item is non-financial in nature.
BACKGROUND INFORMATION
The County Policy Manual documents policy direction from the Board of Supervisors and Board of Directors (collectively Board) to departments and Board governed entities on a broad array of topics. Board-approved policies are often implemented through the use of Standard Practices, which are approved by the Chief Executive Officer (CEO) and incorporated into the County Policy Manual.
In order to facilitate the review of County policies, the County has established a Policy Review Committee (Committee) to evaluate requests for new policies and conduct ongoing review and update of existing policies. The Committee includes representation from various departments as follows:
|
POLICY REVIEW COMMITTEE |
|
Auditor-Controller/Treasurer/Tax Collector |
Clerk of the Board of Supervisors |
|
County Administrative Office |
County Counsel |
|
District Attorney/Law & Justice |
Finance and Administration |
|
Human Resources |
Human Services |
|
Innovation and Technology |
Public Works |
|
Purchasing |
Real Estate Services |
|
San Bernardino County Fire Protection District |
|
The Committee, which met on December 11, 2023, has approved and recommends amendments to Section 7, Personnel Matters; Section 10, Records Management, Risk Management; and Section 14, Release of Information, Privacy and Compliance, of the County Policy Manual as follows:
|
Policy |
Title |
Action |
Description of Action |
|
07-16 |
Standards of Dress and Grooming |
Amend |
Update to this policy is appropriate to create more flexibility and align with legislative changes. |
|
10-01 |
Signature Legibility |
Add |
The addition of this policy is appropriate to implement best practices to comply with applicable laws and generally accepted records management standards regarding required signatures. |
|
10-07 |
Records Management Program |
Add |
The addition of this policy is appropriate to develop and administer a Records Management Program in compliance with federal and state law, and pursuant to operational requirements of the County. |
|
10-08 |
Archives Management |
Add |
The addition of this policy is appropriate to manage County records and comply with applicable laws and generally accepted archival standards. |
|
14-03 |
Health Insurance Portability and Accountability Act (HIPAA) Compliance Program |
Amend |
Update to the policy is appropriate for revision of applicable definitions and clarifying language regarding privacy and information security standards. |
The proposed amended Policy 14-03 is only applicable to: 1) San Bernardino County because it is specific to HIPAA compliance requirements by identified County departments that use or disclose protected health information; and 2) the San Bernardino County Fire Protection District (SBCFPD) because it is required to comply with HIPAA.
The Committee also recommends the CEO approve the addition and/or update of the following Standard Practices to implement and/or update processes for departments:
|
Number |
Title |
|
14-03 SP1 |
Health Care Component Designation |
|
14-03 SP2 |
Privacy Officer and Security Officer |
|
14-03 SP3 |
Administrative, Technical and Physical Safeguards |
|
14-03 SP4 |
Workforce Training |
|
14-03 SP5 |
Risk Analysis and Management |
|
14-03 SP6 |
Uses and Disclosures of PHI |
|
14-03 SP7 |
Patient Privacy Rights |
|
14-03 SP8 |
Business Associate Agreements |
|
14-03 SP9 |
Breach Reporting and Notification |
|
14-03 SP10 |
HIPAA Complaint Process |
This item also recommends that the SBCFPD Board of Directors designate SBCFPD as a Hybrid Entity. This designation means that SBCFPD is a single legal entity that performs both covered and non-covered functions under HIPAA. As a result, only those divisions or programs that perform covered functions (identified as Health Care Components) are required to comply with HIPAA. Under Policy 14-03, Health Care Components consist of SBCFPD divisions or programs that meet the definition of a Covered Entity or Internal Business Associate. For example, Division 12 - Office of Fire Marshal performs non-covered functions and therefore is not a Health Care Component.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber and Scott Runyan, Principals Assistant County Counsel, , and Charles Phan, Deputy County Counsel, 387-5455) on December 20, 2023; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on December 19, 2023; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on December 19, 2023.