Memorandum of Understanding (MOU)

This section introduces the importance of using a memorandum of understanding (MOU) when forming partnerships between the jail and other entities that provide services to pregnant and postpartum patients and those with OUD. 

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Key Points

HOW

  • Identify the organization, a point person, and the services provided to your facility/incarcerated persons.
  • Request a meeting with the point person to discuss using an MOU to outline your arrangement, goals, responsibilities, and terms of your agreement.
  • Draft and review the MOU so that both parties are satisfied with the terms. Revise as necessary. See example MOUs on the resources tab.
  • Consult each organization’s legal team (if applicable) for final review before signing.

 

WHY

  • Providing MOUD (also referred to as MAT) in a jail setting sometimes requires partnerships with community providers.
  • A MOU ensures that all parties agree on the terms of their arrangement.

KEEP IN MIND

  • A confidentiality clause in a MOU means that all parties intend to keep designated information confidential when sharing information between parties during the partnership.
  • A conflict resolution clause may be used in the event of a dispute, controversy or disagreement related to the MOU including a breach of agreement or termination. It outlines a process for raising issues and/or questions and how to resolve them

Deeper Dive

HOW

If you are working with an outside entity to provide care to pregnant (and other) patients in custody, consider implementing an MOU. 


Action Items 

  1. Identify the organization, a point person, and the services provided to your facility/incarcerated persons.
  2. Request a meeting with the point person to discuss using an MOU to outline your arrangement, goals, responsibilities, and terms of your agreement.
  3. Draft and review the MOU so that both parties are satisfied with the terms. Revise as necessary. See example MOUs on the resources tab.
  4. Consult each organization’s legal team (if applicable) for final review before signing.


There are some key elements that every MOU should encompass: 

  • Title
  • Names of the organizations involved
  • Timeline and length of the agreement
  • Context and purpose of the agreement
  • Scope and objectives
  • Terms of agreement and responsibilities of each involved party
  • Confidentiality clause
  • Conflict resolution clause
  • When and how involved parties can end the agreement
  • Signatures of all parties involved


WHY

A memorandum of understanding (MOU) is an agreement between two or more parties that clearly defines how the entities will work together and outlines shared expectations and responsibilities. It is used to achieve mutual understanding of the partnership and shared goals that each party feels confident about. Some benefits of using a MOU include establishing a common intention, formulating clear objectives, reducing uncertainty in who does what, ease of dissolving the partnership, and leaving a paper trail on record. Unlike a contract or memorandum of agreement (MOA), a MOU is not legally binding but should be taken as a serious declaration and you may want the jail’s legal team to review it. 


For pregnant patients with OUD in custody, some partnerships may include the vendor used to provide MOUD like a community opioid treatment provider (OTP), or a community-based prenatal care provider.