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HomeMy WebLinkAboutHealth Monitoring Systems Inc.-Real Time Public Health Surveillance System_A-22-580 A-18-494.pdf COU Y Count of Fresno Hall of Records, Room 301 2281 Tulare Street Fresno,California Board of Supervisors 93721-2198 O� 185 0 Telephone:(559)600-3529 PR Minute Minute Order Toll Free: 1-800-742-1011 www.co.fresno.ca.us December 13, 2022 Present: 5- Supervisor Steve Brandau, Supervisor Nathan Magsig, Supervisor Buddy Mendes, Chairman Brian Pacheco,and Vice Chairman Sal Quintero Agenda No. 56. Public Health File ID:22-1079 Re: Approve and Authorize the Chairman to execute Amendment I to Agreement with Health Monitoring Systems (HMS), Inc.,to revise the fee schedule to include connection and reconnection fees for ambulatory clinics to connect to HMS'epidemiological surveillance system,with no change to the term of August 18, 2018,through August 17, 2023, or compensation maximum of$125,625 APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero Agreement No.22-580 County of Fresno Page 58 coU�� Board Agenda Item 56 O 1856 O DATE: December 13, 2022 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Amendment I to Agreement with Health Monitoring Systems, Inc. RECOMMENDED ACTION(S): Approve and Authorize the Chairman to execute Amendment I to Agreement with Health Monitoring Systems (HMS), Inc., to revise the fee schedule to include connection and reconnection fees for ambulatory clinics to connect to HMS' epidemiological surveillance system, with no change to the term of August 18, 2018, through August 17, 2023, or compensation maximum of$125,625. There is no additional Net County Cost associated with the recommended action. Approval of the recommended action will allow the Department continued access to real-time electronic health record (HER)data from emergency departments of local hospitals and introduce access to data from two ambulatory clinics. Both Family HealthCare Network and United Health Centers are interested in providing and accessing data through Health Monitoring Systems, Inc. EpiCenter Bio-syndromic surveillance system. This collaboration will further support mandates under Chapter 45 and 42, Code of Federal Regulations (CFR) in regard to significant public health threats and meaningful use requirements. This item is county wide. ALTERNATIVE ACTION(S): Should your Board not approve the recommended action, ambulatory clinic connection and reconnection fees would not be added to the fee schedule and the County could not pay fees associated with connection of these types of facilities. Additionally, the county would not have access to the two ambulatory clinics data in real time. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended action. All costs associated with this agreement will be paid for with the California Department of Public Health (CDPH) Public Health Emergency Preparedness (PREP)grant funding. Adjustments to the existing contract's fee schedule are necessary to capture the ambulatory clinic connection and reconnection fees and increase the maximum annual compensation from $46,125 to$56,125. As this is the final year of the agreement, the annual maximum compensation adjustment does not impact the total contract compensation amount of$125,625. Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2022-23 Adopted Budget. DISCUSSION: Pursuant to meaningful use requirements contained in 45 CFR and 42 CFR, public health departments are required to be able to receive medical information via electronic health records(EHR)from applicable medical providers. The Department has contracted with HMS to receive EHR data since 2007. County of Fresno Page 1 File Number:22-1079 File Number:22-1079 Agreement No. 18-494 allows the Department to utilize real-time EHR data from local hospital emergency departments,where significant public health threats are likely to be identified in patients, through HMS' EpiCenter Surveillance System. EpiCenter is a secure health data system that links hospitals and public health departments by receiving, analyzing, and displaying real-time data, thereby allowing epidemiological surveillance monitoring of chronic, acute, and other public health conditions of interest enabling the Department's epidemiologists to target specific disease symptoms. EpiCenter also allows alerts to be set if certain conditions are presented at area emergency departments at greater frequency than expected. The Agreement includes a provision to allow for additional area hospitals or other types of facilities to connect to HMS with fees for such connection being paid for by the Department, thereby allowing the Department to gain surveillance data from newly connected facilities. However, the agreement failed to include the associated fee schedule for adding facilities that are not hospitals. Recently, two ambulatory clinics which include multiple locations within Fresno County, have expressed interest in connecting or reconnecting to HMS, provided the County pays the initial and annual connection fees.These two clinics include 32 locations within Fresno County, serving greater than 140,000 patients annually. The Department believes that including these ambulatory clinics would provide an important addition to its surveillance capabilities as many residents experiencing symptoms that may indicate a more serious public health threat may choose to seek treatment at an ambulatory clinic rather than an emergency department, especially if the symptoms do not appear to be life threatening. The amendment also increases the maximum annual compensation by$10,000, from $46,125 to$56,125. During years 1 through 4 of the agreement the Department did not add any additional facilities or request any"Optional Services". Annual expenses were$17,375 ($11,375 for"Service Fees"and $6,000 for "Facilities Connected Previous Years"), resulting in a balance of remaining contract funds available for year 5 of$56,125. All unspent funds during years 1 through 4 have been re-budgeted in year 5 to include the new connection and reconnection fees and to allow for potential optional services. The total agreement amount of$125,625 is unchanged. REFERENCE MATERIAL: BAI#36, August 21, 2018 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Amendment I to Agt. No. 18-494 CAO ANALYST: Ronald Alexander County of Fresno Page 2 File Number:22-1079 Agreement No. L1-bdU 1 AMENDMENT NO. 1 TO AGREEMENT NO. 18-494 2 This Amendment No. 1 to Agreement No. 18-494 ("Amendment No. 1") is dated 3 December 13, 2022 and is between Health Monitoring Systems, Inc., a Pennsylvania 4 corporation (HMS) ("Contractor"), and the County of Fresno, a political subdivision of the State 5 of California ("County"). 6 Recitals 7 A. On August 21, 2018, the County and the Contractor entered into Agreement No. 18-494 8 (Agreement), for access to Contractor's EpiCenter bio-syndromic surveillance system which 9 collects, manages, and analyzes emergency room and other data from local hospitals and other 10 healthcare providers, standardized, annotates, and processes data from these sources, and 11 which allows County access to this data in real time health for review and further analysis. 12 B. The County's ability to receive and analyze this data enhances its ability to identify and 13 respond to potentially significant public health threats, and this ability is further enhanced if more 14 providers connect to Contractor's bio-syndromic surveillance system as this makes more data 15 available. 16 C. Agreement No. 18-494 allows for County to authorize and pay associated connection 17 fees for additional providers, defined in the agreement as "Customer Users", to access and 18 contribute data to Contractor's bio-syndromic surveillance system, however, Exhibit B, the fee 19 schedule, did not identify the connection and other relevant fees associated with adding 20 Ambulatory Facilities. 21 D. Two Ambulatory Facilities have recently expressed interest in connecting to Contractor's 22 bio-syndromic surveillance system provided County will pay the associated connection and 23 other fees to Contractor. As a result, County desires to amend the Agreement to include these 24 fees so that County has a mechanism to pay these fees to Contractor. 25 E. The County and the Contractor now desire to amend the Agreement to include 26 Ambulatory Facilities connection and other associated fees in order to provide a mechanism to 27 pay these fees to Contractor, facilitating additional facilities connections to the bio-syndromic 28 surveillance system. 1 1 The parties therefore agree as follows: 2 1. In Section 5, COMPENSATION, Page 4, Lines 5 through 7, the sentence which states 3 'Total compensation amount not to exceed Forty Six Thousand One Hundred Twenty Five and 4 No/100 Dollars ($46,125) during a given year" is deleted in its entirety and replaced with the 5 following: 6 'Total compensation amount not to exceed Fifty Six Thousand One Hundred 7 Twenty Five and No/100 Dollars ($56,125)during a given year' 8 2. Exhibit B of the agreement is deleted in its entirety and replaced with Revised Exhibit B, 9 which is attached to this amendment. 10 3. When both parties have signed this Amendment No. 1, the Agreement and this 11 Amendment No. 1 together constitute the Agreement. 12 4. The Contractor represents and warrants to the County that: 13 a. The Contractor is duly authorized and empowered to sign and perform its obligations 14 under this Amendment. 15 b. The individual signing this Amendment on behalf of the Contractor is duly authorized 16 to do so and his or her signature on this Amendment legally binds the Contractor to 17 the terms of this Amendment. 18 5. The parties agree that this Amendment may be executed by electronic signature as 19 provided in this section. 20 a. An "electronic signature" means any symbol or process intended by an individual 21 signing this Amendment to represent their signature, including but not limited to (1) a 22 digital signature; (2) a faxed version of an original handwritten signature; or (3) an 23 electronically scanned and transmitted (for example by PDF document) version of an 24 original handwritten signature. 25 b. Each electronic signature affixed or attached to this Amendment (1) is deemed 26 equivalent to a valid original handwritten signature of the person signing this 27 Amendment for all purposes, including but not limited to evidentiary proof in any 28 2 1 administrative or judicial proceeding, and (2) has the same force and effect as the 2 valid original handwritten signature of that person. 3 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 4 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 5 2, Title 2.5, beginning with section 1633.1). 6 d. Each party using a digital signature represents that it has undertaken and satisfied 7 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 8 through (5), and agrees that each other party may rely upon that representation. 9 e. This Amendment is not conditioned upon the parties conducting the transactions 10 under it by electronic means and either party may sign this Amendment with an 11 original handwritten signature. 12 6. This Amendment may be signed in counterparts, each of which is an original, and all of 13 which together constitute this Amendment. 14 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All 15 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and 16 effect. 17 [SIGNATURE PAGE FOLLOWS] 18 19 20 21 22 23 24 25 26 27 28 3 1 The parties are signing this Amendment No. 1 on the date stated in the introductory 2 clause. 3 Health Monitoring Systems, COUNTY OF FRESNO 4 6 Ke in J. Hutchi n, Pr i e -t & C O Brian Pacheco, Chairman of the Board of 7 700 River Ave., Suite 30 Supervisors of the County of Fresno Pittsburgh, PA 15212 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 / By: 11 Deputy 12 For accounting use only: 13 Org No.: 56201621 Account No.: 7295 14 Fund No.: 0001 Subclass No.: 10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Revised Exhibit B, Page 1 of 2 Fresno County Year 1 Year 2 Year 3 Year 4 Year 5 Service Fees Annual EpiCenter Service Fee $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 Discount (65,625) (65,625) (65,625) (65,625) (65,625) Insurance 2,000 2,000 2,000 2,000 2,000 $ 11,375 $ 11,375 $ 11,375 $ 11,375 $ 11,375 Hospital Facility Connections Participating Data Source Initiation Fee-Amount per hospital facility to be connected* $ $ - $ - $ - $ 5,000 Estimated(max.)new hospitals - 1 $ - $ - $ - $ - $ 5,000 Annual Participating Data Source Initiation Fee- Amount per facility to be connected** $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 Facilities Connected Previous Years 6 6 6 6 6 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 Ambulatory Facility Connections Amount per network new connection fee:*** $ 3,000 New network:Family HealthCare Network 1 (Additional new network Ambulatory Facilities may be added at the same rates.) $ 3,000 Amount per network annual connection fee: $ - (Annual connection fee not applicable during first year) Annual Participating Eligible Professional Fee: Eligible Professionals(total) 445 $0 per first 25 Eligible Professionals 25 $50 per next 50 Eligible Professionals 50 $25 per next 100 Eligible Professionals 100 $10 per each remaining Eligible Professional 269 $ 7,690 Amount per network to be reconnected fee**** $ 2,500 Existing network:United Health Centers 1 Reconnection fee to be pro-rated based on portion of remaining contract year. $ 2,500 Annual per network annual connection fee: $ - (Annual connection fee not applicable during first year of reconnection) Annual Participating Eligible Professional Fee: Eligible Professionals(total) 91 $0 per first 25 Eligible Professionals 25 $50 per next 50 Eligible Professionals 50 $25 per next 100 Eligible Professionals 16 $10 per each remaining Eligible Professional - $ 2,900 Other Services To Be Provided***** Optional services $ $ $ $ $ 17,660 $ $ $ - $ $ 17,660 Revised Exhibit B, Page 2 of 2 Total Costs $ 17,375 $ 17,375 $ 17,375 $ 17,375 $ 56,125 Other Items To Be Budgeted Third Party vendor fees(est.) $ 3,500 $ 3,500 $ 3,500 $ 3,500 $ 3,500 Estimated(max.)new hospitals - - - - - Total Budget $ 17,375 $ 17,375 $ 17,375 $ 17,375 $ 56,125 *Amount per Hospital Facility to be Connected costs are shown as$5,000 each. Is is estimated that no additional new Hospital Facilities will be connected in Year 5,but cost per new facility is identied in the fee schedule in the event this changes. New Hospital Facilities could be connected at any time within the contract period.Actual connection costs will be incurred during the year the new facility is connected. Should any new connections be added,associated costs will be abosorbed by funding available within the"Other Services to be Provided"section,or through contract amendment approved prior to expenditures being incurred. ** Existing Hospital Facility Maintenance costs are shown as$1,000 per connected facility. Though no additional Hospitali Facilities are anticipated to be added during Year 5,if new connections are added,the same fee will apply to each additional facility. Should this occur,associated costs will be absorbed by funding available within the"Other Services to be Provided"section,or through contract amendment approved prior to expenditures being incurred. ***New Ambulatory Facility connection fee is$3,000 each. Only one facility new facility connection fee is anticipated during Year 5, but an additional new connection fee will apply if additional new facilities are connected. Eligible Professional fees are subject to change on an annual basis as Eligible Professionals may be added to or subtracted from facilities. ****Ambulatory Facility reconnection fee is$2,500 and will be prorated for portion of the contract year remaining at time of reconnection. If a full contract year remains following reconnection,the prorated reconnection fee will apply for the remaining portion of Year 4 and the annual connection fee will apply for Year 5. ***Optional Services were not provided in Years 1 through 4. It is estimated a maximum of$20,160 of Optional Services may be provided during Year 5.Optional Services will not be provided without prior written authorization from COUNTY. Note:"Participating Eligible Professionals"are defined as physicians participating in the surveillance system(submitting data).