New Hanover County Contract # 21- 0118
MEMORANDUM OF UNDERSTANDING
This Memorandun) of Understanding (MOU) is by and between University of North Carolina at
Wilmington ( UNCW or University), a constituent institution of the University of North Carolina
with its campus location in New Hanover County, North Carolina, and the New Hanover County
Health Department ( NHCHD). Collectively UNCW and NHCHD may be referred to as the
parties.
WHEREAS, the Governor of the State of North Carolina issued Executive Order No. 116 which
declared a State of Emergency to coordinate the State' s response and protective actions to
address the Coronavirus Disease 2019 ( COVID- I9) public health emergency; and
WHEREAS, UNCW performs COVID- 19 testing for students on campus, and has a primary
care relationship with all students who are subject to the University' s health fee, including those
students who have been tested for COVID- 19 on campus; and
WHEREAS, NHCHD has legal responsibility and authority under NCGS Chapter 130A, as well as
implementing rules adopted by the Commission for Public Health ( I OA NCAC 41A), for investigating
cases of communicable diseases and ensuring control measures are given and complied with,
including contact tracing, infection prevention and control, testing, and isolation and quarantine; and
WHEREAS, NHCHD is a Covered Entity and Public Health Authority for the purpose of the
Health Insurance Portability and Accountability Act ( HIPAA); and
WHEREAS, UNCW and NHCHD have an existing, collaborative relationship with processes for
mutual consultation on public health issues and wish to continue that relationship and create additional
processes; and
WHEREAS, UNCW and NHCHD wish to enter into an agreement to formalize the disclosure
of certain medical, personnel, and/ or other information to each other for the purpose of patient
care and public health; perform contact tracing as directed or requested by NHCHD; and specify
certain expectations related to University students and employees in order to protect the health
and safety of the campus community and New Hanover County, North Carolina.
NOW THEREFORE, the Parties hereby agree to the following:
UNCW Student Educational Records Disclosure: UNCW shall disclose the name;
if known; on - campus
University provided e- mail address; contact phone number( s),
address; and " home" address, if known, ( Student Contact Information) of any
COVID- 19 positive student to NHCHD pursuant to the " Health and Safety
Emergencies" exception to the Family Educational Rights and Privacy Act (FERPA)
codified at 34 C. F. R. § 99. 31 and 34 C. F. R. § 99. 36.
a. UNCW shall provide Student Contact Information of any University student
who has tested positive for COVID- 19 to NHCHD.
b. Upon request from NHCHD, UNCW shall provide Student Contact Information
for any UNCW student(s) who NHCHD has determined were or could have
been exposed to COVID- 19.
c. NHCHD shall not disclose the information provided pursuant to this paragraph
to any third party, unless required by law. If NHCHD further discloses the
information specified in in this paragraph, NHCHD shall inform the University
prior to any disclosure.
II . UNCW Employee Records Disclosure: UNCW shall disclose the employee name;
University provided e- mail address; University provided telephone number; personal
phone number if known; and/ or " home" address ( Employee Contact Information) of
any COVID- 19 positive University employee which UNCW is aware of to NHCHD,
a " Covered Entity" and " Public Health Authority" As defined by the Health Insurance
Portability and Accountability Act( HIPAA).
a. UNCW shall provide Employee Contact Information of any University
employee who has tested positive for COVID- 19 which UNCW is aware of to
NHCHD.
b. Upon request from NHCHD, UNCW shall provide Employee Contact
Information for UNCW employees who NHCHD has determined were or
could have been exposed to COVID- 19.
c. NHCHD shall not disclose the information provided pursuant to this paragraph
to any third party, unless required by law. If NHCHD further discloses the
information specified in this paragraph, NHCHD shall inform the University
prior to any disclosure.
QI. NHCHD Information Disclosure: NHCHD shall disclose specified information
to UNCW as permitted HIPAA, 45 C. F. R. § 164. 5120), when necessary to
prevent or lessen a serious and imminent threat to the health or safety of a person or
the public; and/ or N. C. G. S. § 130A- 143( 4) to protect the public health:
a. If known, NHCHD shall provide the name of any University student and/ or
University employee who has tested positive for COVID- 19 to theUniversity.
b. If known, NHCHD shall provide the name( s) of any University student
and/ or University employee who NHCHD has determined to be a person
exposed to a COVID- 19 positive person.
c. UNCW shall not disclose information provided pursuant to this paragraph to any
third party, unless required by law. Prior to any disclosure, the University shall
inform NHCHD.
IV. NHCHD Public Release of Information: NHCHD shall inform UNCW of any
public release of information, related to a COVID- 19 outbreak of five ( 5) or more
people connected to the same source infection when one or more are known to be
associated with UNCW, prior to the release of said information. Information shall
be provided in advance to the individual specified in Section VII below.
V. Contact Tracing: It is understood that NHCHD shall be exclusively responsible for
contact tracing activities within New Hanover County, North Carolina, including any
essential training. UNCW will assist with contact tracing for any student whose test
was administered at the Student Health Center, in collaboration and under the
direction of the NHCHD. UNCW will provide any contact tracing assistance that it
can pursuant to law and policy, which may include secure messages to the target
individual and/ or the use of university personnel to locate the target individual.
Vl. Student and/ or Employee Expectation( s): It is the expectation of UNCW that
students and/ or employees will comply with any lawful directive of the NHCHD,
including the direction of any contact tracer. Upon information from NHCHD, the
University shall direct any student and/ or employee to comply with a lawful directive
of the NHCHD, including the direction of any contact tracer, and/ or shall direct the
student and/ or employee pursuant to applicable University policies and practices. It is
also the expectation of UNCW that students and/ or employees will comply with
UNCW' s enforcement of mitigation measures contained in executive orders,
including requirements for and limits on mass gatherings.
VII. Personnel: Tie Parties shall disclose information only to the following individuals
using only the enclosed contact information:
a. For UNCW:
Sara Nimmo, Interim Director
University of North Carolina Wilmington
Student Health Center
601 S. College Road
Wilmington, NC 28403
nimmos@gncw. edu
910- 9624126 ( office)
618- 559- 4904 ( cell)
b. For NHCHD:
Phillip Tarte, Director
New Hanover County Health Department
1650 Greenfield Street
Wilmington, NC 28401
ytarteaabnhc ov com910- 798- 6591 ( office)
704575- 4510 ( cell)
VIIL Term and Termination: This MOU shall be valid for a period of one ( 1) year from
the date of signature and may be terminated at any time without cause by either party
upon one ( 1) month' s written notice.
IX. Modification; This MOU may be modified upon written agreement of the Parties.
X. Cost: There shall be no cost to either party associated with implementation of this MOU.
Xl. Compliance with Federal Law: If applicable, all federally funded projects, loans, grants,
and sub grants whether funded in part or wholly, must be procured in a manner that
conforms with all applicable Federal laws, policies, and standards, including those under
the Uniform Guidance (2 C.F. R. Part 200).
University of North Carolina at Wilmington New Hanover County Health
Department
Dr. Jose V. Sartarelli Phillip E. Tarte
Chancellor Health r for
Signature Signature
8/ 7/ 2020
Dat
V7/ 7-0-Z6
Date
New Hanover County digital signature page attached hereto and incorporated herein by reference.
Signature Page
Approved as to form
0 Ga r, , 1c 9
County Attorney
