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7.A. - Page 11 of 18 <br />In the event that the disagreement or conflict pertains to the performance <br />of the assigned BHRS Clinician and the disagreement or conflict is not <br />resolved through the steps described above, BHRS shall remove the <br />assigned BHRS Clinician and exercise reasonable diligence to identify <br />and provide a qualified replacement. <br />8.3 Staffing and Supervision <br />The Pilot Program will consist of four full time limited term BHRS clinicians <br />who must be licensed to provide mental health services by appropriate <br />State of California licensing authorities. BHRS will be responsible for <br />hiring the licensed clinicians, and the hiring processes. The Cities will be <br />entitled to assign one member on the hiring panel. The BHRS Clinician will <br />have an appropriate level of licensing, training, experience collaborating <br />with law enforcement, knowledge of BHRS resources and significant <br />clinical experience to deal independently with the variety of scenarios and <br />client profiles likely to present in the course of the Pilot Program and to act <br />without immediate supervision in the performance of the BHRS Clinician <br />role in the Pilot Program, while also collaborating with a City's law <br />enforcement personnel. <br />8.4 Records and Confidentiality <br />Records created by the BHRS Clinician, even while operating in <br />collaboration with one or more of the Cities, shall be considered County <br />records, free from the control and direction of any other party to this MOU. <br />Such records will be subject to all federal, state and local laws and <br />regulations regarding the protection of client/patient privacy and <br />confidentiality. <br />All Parties agree that all BHRS Clinicians are County employees for the <br />purposes of this MOU, and for purposes of meeting privacy requirements <br />of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). <br />BHRS will train these members of its workforce on federal, state and local <br />policies and procedures with respect to the confidentiality and use or <br />disclosure of protected health information of clients as necessary and <br />appropriate for the BHRS Clinicians to carry out their functions. The <br />County will provide BHRS Clinicians with the appropriate Health System <br />policies and procedures, which are subject to change from time to time. <br />The County reserves the right to take appropriate action for violation of its <br />policies; such action may include the immediate termination of any BHRS <br />Clinician who violates Federal, State or local law and policy. <br />BHRS shall maintain beneficiary medical and/or clinical records for a <br />period of ten (10) years, except that the records of persons under age <br />170 <br />