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HomeMy WebLinkAboutInterdepartmental HCPCFC Agreement.pdf COUNTY OF FRESNO Fresno, CA - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTERDEPARTMENTAL AGREEMENT THIS INTERDEPARTMENTAL AGREEMENT is made and entered into this 1st day of July, 2021, by and between the FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES, hereinafter referred to as “DSS”, the DEPARTMENT OF PUBLIC HEALTH, hereinafter referred to as “DPH’, and the PROBATION DEPARTMENT, hereinafter referred to as “PROBATION”, all separate departments of the COUNTY OF FRESNO. W I T N E S S E T H: WHEREAS, DSS, DPH, and PROBATION have a need for continued coordination of a Health Care Program for Children in Foster Care (HCPCFC); and WHEREAS, DSS, DPH, and PROBATION are willing and able to coordinate and plan health care needs for children in foster care; and WHEREAS, DPH has the personnel skilled in the provision of such services. NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. SERVICES A. DSS, DPH, and PROBATION agree to provide all services as specified in this Agreement and as set forth in Exhibit A, “Summary of Services,” attached hereto and by this reference incorporated herein and made part of this Agreement. B. All services provided by DPH to DSS and PROBATION are auditable based on State and Federal regulations. C. DPH shall provide all agreed-upon services in accordance with Welfare and Institutions Code Section 16501.3, and Department of Health Care Services Child Health and Disability Prevention Program letters, incorporated herein by reference. D. DSS, DPH, and PROBATION agree to comply with DPH’s HCPCFC Protected Health Information (PHI) and Minor Consent Policy and Procedure Guide (attached hereto as Exhibit B and incorporated herein by this reference) regarding minor consent and confidentiality, and the State and Federal laws on same, in providing/receiving services as part of this Agreement. /// COUNTY OF FRESNO Fresno, CA - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. TERM This Interdepartmental Agreement shall be effective as of the 1st day of July 2021 and shall terminate on the 30th day of June 2026. 3. TERMINATION This Agreement may be terminated by either party upon the giving of sixty (60) days advance written notice of an intention to terminate. However, termination of this Agreement shall not affect any active cases pursuant to this Agreement, which shall be handled to their conclusion by DPH. 4. COMPENSATION DSS, DPH, and PROBATION shall perform the services pursuant to the terms of this Agreement without any monetary consideration, one to the others. 5. MODIFICATION Any matters of this Agreement may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder. 6. NON-ASSIGNMENT No party shall assign, transfer, or subcontract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other party. 7. CONFIDENTIALITY and MEDI-CAL PRIVACY All services performed by DSS, DPH, and PROBATION under this Agreement shall be in strict conformance with all applicable Federal, State, and/or local laws and regulations relating to confidentiality including, but not limited to: California Welfare and Institutions Code Sections 10850 and 14100.2; California Department of Social Services (CDSS) Manual of Policies and Procedures, Division 19-0000; and California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section 2H. In addition, all services performed by DSS, DPH, and PROBATION under this Agreement shall also be in conformance with the Medi-Cal Data Privacy and Security Agreement between DHCS and the County of Fresno (hereinafter referred to as the “Medi-Cal Data Agreement”) that is then in effect, which is by this reference incorporated herein. The current Medi- Cal Data Agreement is available upon request and can be viewed at COUNTY OF FRESNO Fresno, CA - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 http://www.fresnocountyca.gov/MediCalPrivacy. The purpose of this section is to assure that all application and records concerning HCPCFC recipients shall be kept confidential and shall not be opened to examination, publicized, disclosed, or used for any purpose not directly connected with the administration of HCPCFC. DSS, DPH, and PROBATION shall inform all employees, agents, officers and subcontractors of this provision, and that any person knowingly and intentionally violating this provision is guilty of a misdemeanor. 8. RECORDS Upon request, DPH shall furnish DSS and PROBATION such statements, records, data, and information for services provided under this Agreement, and shall provide DSS and PROBATION with access to said records for audit purposes. Furthermore, DPH shall retain said records for a minimum of five (5) years following the expiration of this Agreement. In the event of any outstanding State of California or Federal audits or exceptions, DPH agrees to retain its records until such audits and exceptions are finalized. 9. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS DSS, DPH, and PROBATION, their officers, consultants, subcontractors, agents, and employees shall comply with all applicable State, Federal, and local laws and regulations governing projects that utilize Federal Funds and pertaining to minor consent and confidentiality (as outlined in Exhibit B). 10. NON-DISCRIMINATION During the performance of this Agreement, DSS, DPH, and PROBATION shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status pursuant to all applicable State of California and Federal statutes and regulations. 11. RELATIONSHIP OF PARTIES It is understood that this is an Interdepartmental Agreement by and between three (3) separate departments of the County of Fresno and is not intended to and shall not be construed to COUNTY OF FRESNO Fresno, CA - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 create a relationship of agent, servant, employee, partnership, joint venture or association; nor shall DSS and PROBATION be construed to be a part of DPH’s healthcare component with respect to DPH’s implementation of the Health Insurance Portability and Accountability Act (HIPAA). 12. ENTIRE AGREEMENT This Agreement, including all Exhibits, constitutes the entire Interdepartmental Agreement between DSS, DPH, and PROBATION with respect to the subject matter hereof, and supersedes all previous agreements, negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Interdepartmental Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Exhibit A SUMMARY OF SERVICES ORGANIZATIONS: Department of Social Services (DSS), Department of Public Health (DPH), and Probation Department (Probation) SERVICE: Health Care Program for Children in Foster Care CONTRACT PERIOD: July 1, 2021 – June 30, 2026 CONTRACT AMOUNT: None DPH Child Health and Disability Prevention (CHDP) Program staff will work with DSS Child Welfare and Probation Department staff to administer the Health Care Program for Children in Foster Care (HCPCFC). HCPCFC Public Health Nurses (PHNs) will coordinate with DSS Social Workers and Probation Officers to ensure children in out-of-home placement are provided timely healthcare services appropriate to age and health status. HCPCFC PHNs will be housed at DSS and Probation facilities as mutually determined by the DPH Supervising Public Health Nurse (SPHN) and DSS/Probation staff, with adequate workspace and storage space for Protected Health Information provided for PHNs assigned to HCPCFC by the SPHN. The following pages delineate each department’s responsibilities in the administration of this Interdepartmental HCPCFC Agreement. Exhibit A DEPARTMENT RESPONSIBILITIES Service Provided Department of Public Health Department of Social Services/ Probation Department PHNs will obtain completed form JV-225 (Sample Attached) from Social Workers/DPOs and record necessary information into CWS Program. Social Workers/DPOs will provide form JV-225 to parent or guardian of the child to complete and collect for CWS records -- prior to or shortly after the child has been removed from the residence. PHNs will participate in CWS Staff meetings for review of health- related issues for targeted children, as time allows and with reasonable advance notice. Social Workers/DPOs will collaborate with PHNs to develop a health plan that identifies the healthcare needs and service priorities for each child, as appropriate. Health Care Planning and Coordination PHNs will interpret healthcare reports for Social Workers, Probation Officers, and CWS staff. Social Workers/DPOs or designees will incorporate health plan into the child’s case record. PHNs will assist with development of healthcare plans for foster children and assist DSS staff in expediting timely referrals for medical and dental health services, as appropriate. Social Workers/DPOs will compile and provide healthcare documentation to the court when necessary to support the request for healthcare services. PHNs will assist Social Workers in obtaining additional services necessary to educate and/or support care providers in serving children with special healthcare needs. Social Workers/DPOs will collaborate to complete and maintain the child’s Health and Education Passport (HEP) or its equivalent and provide a copy of the HEP to the care provider. PHNs will participate in three Child Focus Team reviews for all children ages 0-18 as they enter care to identify needs, share medical information, and link to resources. Social Workers/DPOs will make all child welfare decisions. PHNs will determine healthcare needs only. Exhibit A Service Provided Department of Public Health Department of Social Services/ Probation Department Reviews are completed at intake, 60 days, and 6 months. PHNs will work with youth in foster care who are pregnant and/or parenting or participating in activities that put them at high risk for pregnancy or sexually transmitted diseases. Social Workers/DPOs may request PHN accompaniment when conducting in-home visits for medically at-risk children. Health Care Planning and Coordination (Continued) PHNs will assist CWS staff in obtaining medical and dental records to determine the child’s healthcare needs and recommend appropriate referrals for needed healthcare services. PHNs may accompany CWS staff to conduct in-home visits for medically at-risk children. Social Workers/DPOs will consult with PHNs to assess the suitability of the child’s existing living situation and/or out-of- home placement in relation to the healthcare needs of the child. The role of PHNs during home visits may include: Social Workers/DPOs will collaborate with PHNs and foster care provider to develop a tracking system and follow up on changes in the healthcare status of the child, service needs, effectiveness of services provided, etc. 1. Obtaining medical history from parents, including primary care MD and any medical specialists. Social Workers/DPOs will review child’s health plan with PHNs as needed. Relevant information will be incorporated into HEPs and court reports. Exhibit A Service Provided Department of Public Health Department of Social Services/ Probation Department 2. Review of medications, nutrition, durable medical equipment utilized, and medical and dental appointments. 3. Assist CWS staff with scheduling of appointments, accessing resources, and prioritizing healthcare needs. Health Care Planning and Coordination (Continued) 4. Education in medication compliance, basic healthcare needs (i.e., infant care, formula preparation, SIDS, car seat safety, lice, anemia, child safety, etc.), and available health-related community resources. PHNs will determine the healthcare needs of children and will defer all child welfare-related decisions (i.e., WIC 300 hold, Protective Custody Warrant, placement, etc.) to CWS staff. PHNs will follow up on referrals from CHDP PM 160 or equivalent and document accordingly. PHNs will collaborate with Social Workers, biological parents, care providers and healthcare providers, at the request of the CWS Case Manager, to Exhibit A Service Provided Department of Public Health Department of Social Services/ Probation Department coordinate healthcare needs of the child. Health Care Planning and Coordination (Continued) PHNs will assist Social Workers in assessing the suitability of foster care placement relevant to the healthcare needs of the child. PHNs will review health plans with appropriate CWS staff, as needed. PHNs will document their activities in the CWS Case Management System. Youth Transition from Dependency PHNs will assist Social Workers and youth leaving dependency regarding available options for healthcare coverage and community resources to meet healthcare needs upon emancipation, as appropriate. CWS/Probation staff will collaborate with PHNs to assure youth leaving dependency/delinquency are aware of and connected to resources for independent living. Training/Orientation PHNs will provide training to CWS staff and Care Providers on a quarterly basis, beginning February 2022. Training may be conducted via webinar or in-person. Topics may include SIDS, Abusive Head Trauma, health promotion, asthma, and other relevant topics. CWS/Probation staff will provide input to PHNs in developing training curriculum for healthcare needs of children in CWS. Exhibit A Service Provided Department of Public Health Department of Social Services/ Probation Department PHNs will educate, upon request, CWS staff, POs, care providers, and others regarding healthcare needs of targeted children, including those entering or at risk of entering foster care and youth who are pregnant or parenting. CWS/Probation staff will collaborate with PHNs in educating juvenile court staff, foster care providers, and others regarding the healthcare needs of children in CWS. Training/Orientation (Continued) Note: Due to liability, PHNs are unable to train others on the use of Durable Medical Equipment (DME), e.g., feeding tubes. Training on the use of DME must be arranged with prescribing physician(s). CWS/Probation staff will provide overview of the child welfare system, court system, and other applicable training to ensure PHNs have a clear understanding and sufficient knowledge of child welfare and community systems. CWS staff will facilitate PHN access to the CWS Case Management System and provide training in its use. Recruitment/Staffing DPH shall provide/recruit sufficient PHNs to staff the four (4) FTE PHN positions associated with this agreement. Upon request, CWS/Probation staff will participate in PHN recruitment efforts and provide feedback, as appropriate. Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A