HomeMy WebLinkAboutAgreement A-23-630 MOU with CalMHSA DSH.pdf Agreement No. 23-630
BOS C
STATE OF CALIFORNIA— DEPARTMENT OF STATE HOSPITALS GAVIN NEWSOM, GOVERNOR
ADMINISTRATIVE SERVICES DIVISION n
1215 O Street, Suite 670 DSH
Sacramento, CA 95814
County Use of State Hospital Beds
Memorandum of Understanding
California Department of State Hospitals
and
The California Mental Health Services Authority (CaIMHSA) and
Participating Counties
I. RECITALS
A. The parties to this Memorandum of Understanding ("MOU") are the California
Department of State Hospitals ("DSH"), the California Mental Health Services
Authority ("CaIMHSA") as administrative agent for participating Counties, and each
participating County which has executed this MOU ("County") as indicated in
Exhibit 1.
B. The DSH has jurisdiction over all DSH facilities, as defined in Welfare and
Institutions Code, section 4100, including non-DSH treatment facilities contracted
with DSH pursuant to Welfare and Institutions Code, section 4361 (hereafter
collectively "Hospitals"), excluding community-based restoration of competency
services that are operated by the County.
C. Welfare and Institutions Code section 4330 requires counties to reimburse DSH
for the use of DSH Hospital beds and services, provided pursuant to the
Lanterman-Petris-Short Act ("LPS", Welfare and Institutions Code section 5000 et.
seq.) and in accordance with annual MOUs between DSH and each County acting
singly or in combination with other counties, pursuant to Welfare and Institutions
Code section 4331 .
D. CaIMHSA is a joint powers authority pursuant to Government Code section 6500
et seq. (Joint Exercise of Powers Act) whose members are counties and cities with
mental health programs. CaIMHSA negotiates the MOU with DSH on behalf of
CaIMHSA's members and serves as a liaison for matters of compliance with MOU
terms and conditions.
E. The terms and conditions herein remain subject to applicable court orders and
statutes.
1
II. TERMS AND CONDITIONS
A. The term of this MOU is October 1, 2023 through June 30, 2025 ("FY 2023-2024,
and 2024-2025"). For purposes of any months not directly covered by the previous
MOU between DSH and CaIMHSA, the terms and conditions, the number of
contracted beds pursuant to the MOU for July 1, 2022 to December 31, 2022, and
the FY 2022-2023 rates provided by DSH, and subsequently agreed to effective
July 1, 2022, shall continue to apply until June 30, 2023, pursuant to the provisions
of Welfare and Institutions Code section 4331(d). The ICF, APH and SNF bed
rates agreed upon herein for FY 2023-2024 have an effective date of July 1, 2023,
as identified in Exhibit 3.
B. Admissions for County Director Referred Patient ("Patient")
1. For those patients referred directly by a County to a DSH facility, the County
Mental Health Director, the County Behavioral Health Director, or their
designee (collectively, "County Director") shall, in conjunction with the Public
Guardian, as applicable, screen, determine the appropriateness of, and
authorize all referrals for admission of Patients to DSH. The County Director
shall, at the time of referral and admission, provide admission authorization and
bed type to which a Patient is being referred, and identify the estimated length
of stay for each Patient. However, DSH shall make the determination of the
appropriateness of a Patient for admission, and if appropriate for admission,
assign the Patient to the appropriate hospital, level of care and treatment unit.
2. The County Director shall name a County point-of-contact and provide
assistance to the Hospital treatment staff, in conjunction with the conservator
and/or Public Guardian, in the screening of Patients to initiate, develop and
finalize discharge planning and necessary follow-up services for the Patients.
The County and DSH mutually agree that the goal is to transition Patients into
their least restrictive setting, as clinically appropriate, and in alignment with
Welfare and Institutions Code 5358. Either party may initiate this process by
contacting the other party and the conservator and/or Public Guardian and
engaging in collaborative discharge planning with the other party to ensure the
patient's treatment needs are met.
C. Description of Provided Hospital Services
1. The DSH defines bed types and uses in accordance with the following
California Department of Public Health hospital licensing definitions. These
definitions shall apply to the MOU:
2. Acute Psychiatric Hospital (APH) Acute psychiatric hospital means a
hospital having a duly constituted governing body with overall administrative
and professional responsibility and an organized medical staff which provides
24-hour inpatient care for mentally disordered, incompetent or other Patients
referred to in Division 5 (commencing with section 5000) or Division 6
(commencing with section 6000) of the Welfare and Institutions Code, including
the following basic services: medical, nursing, rehabilitative, pharmacy and
2
dietary services. An acute psychiatric hospital shall not include separate
buildings which are used exclusively to house personnel or provide activities
not related to hospital patients.
3. Intermediate Care Facility OCF) Intermediate care facility is a health facility, or
a distinct part of a hospital or skilled nursing facility which provides inpatient
care to patients who have need for skilled nursing supervision and need
supportive care, but do not require continuous nursing care.
4. Skilled Nursing Facility (SNF) Skilled nursing facility is a health facility or a
distinct part of a hospital which provides continuous skilled nursing care and
supportive care to patients whose primary need is for availability of skilled
nursing care on an extended basis. A skilled nursing facility provides 24-hour
inpatient care and, at a minimum, includes physician, skilled nursing, dietary,
pharmaceutical services and an activity program.
5. Provided the LPS Patient is admitted to a facility under the jurisdiction of DSH,
DSH shall provide inpatient psychiatric health care and treatment, including
outside medical health care and treatment, ancillary care and treatment, and/or
support services, to those persons admitted to DSH by the County or Public
Guardian pursuant to Welfare and Institutions Code Section 5008, subdivision
(h)(1)(A) (LPS Conservatorships) and/or subdivision (h)(1)(B) (Murphy
Conservatorships). All DSH facilities that admit LPS patients shall comply with
the responsibilities noted for DSH in this MOU. A summary of services provided
to LPS Patients and the definition of care is detailed in Exhibit 2.
6. Upon receipt of appropriate notice, the DSH and the County shall provide or
cause to be provided, witness testimony by appropriate mental health
professionals in legal proceedings required for the commitment, admission, or
treatment of the Patients.
7. The County is responsible for transportation to and from the Hospitals in the
following circumstances: court appearances, County-initiated medical
appointments or services, and pre-placement visits and discharge to final
placements. The County is also responsible for transportation between
Hospitals when the County initiates the transfer. The DSH is responsible for all
DSH-initiated transportation between the Hospitals and transportation to and
from local medical appointments or services. The reimbursement rates in
Exhibit 3, entitled "Statement of Annual Bed Rates and County Estimated Bed
Need," include reimbursement for transportation that is the responsibility of
DSH.
8. Hospitals shall be culturally-competent (including sign-language) in staff and
resources and the overall milieu to meet the needs of Patients treated pursuant
to this MOU.
9. Multi-disciplinary treatment team composition will be provided as set forth in
Exhibit 2.
3
D. Admission and Discharge Procedures
1. For those patients referred directly by a County to DSH for placement, except
as otherwise required by an applicable court order, and in conjunction with the
conservator and/or Public Guardian, a County shall submit a complete
admission package with the referral, including all assessments available to
DSH's Patient Management Unit (PMU). The County shall provide PMU with
the complete medical records on file, the Short-Doyle Authorization Form, and
all applicable court commitment orders for each Patient. The County shall
identify an initial projected length of stay which DSH shall address in Patient's
treatment plan and discharge plan. All documentation will be provided to PMU
via secure transfer utilizing WorkSpaces or a successor application, as
determined by DSH.
2. Hospital admissions, intra-hospital transfers, inter-hospital transfers, and
referrals to outside medical care shall be determined by DSH, subject to
applicable court order or statute.
3. All denials of admission by DSH shall be in writing with an explanation for the
denial. Denial of admission may be based on the lack of the Patient's admission
criteria/information identified in Section F of this MOU, DSH's lack of bed
capacity, or an inability to provide appropriate treatment based on Patient-
specific treatment needs such as if a patient's primary treatment needs are
medical. A denial of admission may be appealed as provided in the next
paragraph.
4. Appeal Process for Admissions. If the County wishes to appeal a denial of
admission, the case may be referred to the DSH Deputy Directors of Clinical
Operations and Hospital Strategic Planning and Implementation within five (5)
business days. The DSH Deputy Directors of Clinical Operations and Strategic
Planning and Implementation shall discuss the case and shall obtain additional
consultation from the County Director. The DSH shall render a final decision
within five (5) business days after receiving the documented basis on which the
appeal is based.
5. Discharge planning by the County Director, conservator and/or Public
Guardian, and Hospital shall begin at admission, as individuals should be
placed and receive services in the least restrictive setting appropriate for
treatment. However, the estimated length of stay shall not be used as a basis
for discharge.
6. The Parties agree to meet on a monthly basis and to work in good faith to
develop the Procedures for Discharge Ready Patients (Discharge Procedures).
The Discharge Procedures will include a process for elevating and discussing
those LPS Patients that are clinically eligible for discharge but have not
discharged in a reasonable amount of time based on the Patient's progression
of their treatment plan, as outlined in Welfare and Institutions Code section
5359. It is the parties' intent that the Discharge Procedures will be implemented
after the effective date of this MOU, but no later than September 1, 2024.
4
E. Bed Type Transfers
1. If, for any reason, a County Patient is in a bed that is inappropriate to that
Patient's needs, the attending clinician shall develop, in consultation with the
Hospital's treatment team, the County (except when the urgency of the
Patient's situation precludes such consultation) and the conservator and/or
Public Guardian, a plan for transfer of the Patient to an appropriate unit in
accordance with the treatment plan. This plan shall be developed and
communicated to the County Director and the conservator and/or Public
Guardian within forty-eight (48) hours of any urgent transfer. The County or
conservator and/or Public Guardian may initiate a treatment team discussion
with the attending Hospital clinician at any time the County or conservator
and/or Public Guardian asserts that a County Patient is in a bed that is
inappropriate to the Patient's needs or does not accurately reflect the level of
care the Patient requires (APH, ICF, or SNF).
2. The Hospital shall provide the conservator and/or Public Guardian and
County's Point-of-Contact notice of transfers between bed types within two (2)
business days of any such transfer.
3. Bed Types Appeals. When agreement cannot be reached between the County
staff and the Hospital staff regarding the type of bed the Patient needs, the
following appeal process shall be followed. When the County staff feels that an
impasse has been reached and further discussions would not be productive,
the bed type may be appealed, along with all available data and analysis, to
the Hospital Medical Director and the County Director, or designee, within two
(2) business days. If the County Director and Hospital Medical Director are
unable to achieve agreement, the case may be referred to the Hospital
Executive Director and the County Director within two (2) business days. Such
appeals may be made by telephone and shall be followed up in writing. If the
Hospital Executive Director and the County Director are unable to achieve
agreement, the case may be referred to the DSH Deputy Directors of Clinical
Operations and Strategic Planning and Implementation within two (2) business
days. The DSH Deputy Directors of Clinical Operations and Strategic Planning
and Implementation shall discuss the case with the Hospital Medical Director
and Executive Director and shall obtain additional consultation from the County
Director, designee or the Public Guardian. The DSH shall render a final
decision within two (2) business days after receiving the documented basis on
which the appeal is based.
F. Coordination of Treatment/Case Management
1. It is the intent of the Parties to this MOU to be collaborative in all matters and
specifically in matters of Patient care. Notwithstanding the independence of
the Parties, all Patient services should be integrated and coordinated across
levels of care for continuity of care.
5
2. The County shall maintain a case management process and shall identify a
case manager or case management team for each Patient. The case manager
shall provide available assessment information on Patients admitted to the
Hospital.
3. The Hospitals shall provide at least two weeks notification to the County
Director and conservator and/or Public Guardian of treatment plan conferences
or 90-day reviews. The Hospitals shall identify a treatment team member to
function as the primary contact for the County case manager or the case
management team.
4. The County Director, in conjunction with the conservator and/or Public
Guardian, may direct the Hospital to discharge the Patient to a facility that the
County determines to be more appropriate to the Patient's treatment
requirements. The Hospital shall provide to the County Director, within five (5)
business-days of request for copies of current medical records, copies of
current medical records needed to assist in this process. In such cases, the
Hospital shall discharge the Patient within two days of the date an alternative
placement option is identified and available except if the discharge is contrary
to the medical necessity of hospitalization or would pose an imminent danger
to the safety of the Patient or others, or as otherwise required by law.
5. When an agreement cannot be reached between the County, the conservator
and/or Public Guardian and the DSH on clinical assessment, treatment or the
Patient's acuity, the DSH Hospital Medical Director or designee, the County
Director or designee, and the conservator and/or Public Guardian shall confer
for a resolution.
G. Patient's Rights and Confidentiality
1. The parties to this MOU shall comply with The Health Insurance Portability and
Accountability Act (HIPAA) and all applicable state laws, regulations, and
policies relating to the Patient's rights and confidentiality.
H. Bed Usage and Availability
1. Pursuant to Welfare & Institutions Code section 4331(a), DSH intends to make
available a total of 556 beds for LPS patients at any one point in time. The
intention of this bed total is to balance DSH's ability to provide services to LPS
patients with DSH's obligations to admit patients committed pursuant to Penal
Code sections 1026, 1370, and 2960 et. seq.
2. In addition to the monthly meetings to develop the Discharge Procedures,
CaIMHSA and DSH shall meet monthly to develop a bed management protocol
that is intended to address the allocation of DSH beds between the Counties,
and reduce, and once reduced, to maintain the total number of beds allocated
to LPS patients at 556. The parties agree that a bed usage rate in excess of
556 will not be deemed an automatic violation of this Agreement. This bed
management protocol development process shall include, but not be limited to:
6
a. By September 30, 2023, DSH and Counties will provide current data on the
patient population for each County, including data for those counties which
contract directly with DSH, and the number of Murphy Conservatorship(s);
b. By January 3, 2024, CalMHSA, DSH and the Counties shall utilize their best
efforts to develop a draft allocation formula regarding how the 556 beds will
be distributed among the various counties. CalMHSA and DSH will continue
to meet to discuss the allocation formula and develop an implementation plan
that will go into effect by July 1, 2024;
c. By September 30, 2023, DSH will re-identify which LPS Patients are capable
of discharge to a less restrictive levels of care in accordance with the LPS
Act, the Americans with Disabilities Act, and the Olmstead decision and
include an agreed upon list of types of clinical data; and
d. County and CalMHSA will identify alternative placement options for qualifying
LPS Patients, including a placement and/or final discharge target date.
3. If DSH intends to change LPS bed rates at the termination of this MOU's term,
the following procedure shall apply:
a. No later than May 1 of the preceding fiscal year (i.e., May 1, 2024 for
new rates intended to go into effect on July 1, 2025), DSH shall provide
CaIMHSA, or counties not represented by CalMHSA, with preliminary
LPS bed rate cost utilization notice applicable to types of LPS beds for
the fiscal year beginning fourteen (14) months from May 1 of that year.
DSH shall provide CalMHSA, or counties not represented by CalMHSA,
with preliminary cost and utilization information based on the best data
possible, including the data compiled pursuant to Section J.2. below, to
support the preliminary LPS bed rate.
b. After DSH's preliminary cost utilization notice, the County shall notify
DSH through CaIMHSA (if represented by CaIMHSA), within two months
after receiving the data and information described in the preceding
paragraph (i.e. by July 1), of its preliminary estimate of the number and
type of LPS beds that the County expects to use, during the fiscal year
beginning twelve (12) months from July 1 of that year, for bed planning
purposes.
c. CaIMHSA shall provide DSH with preliminary feedback related to the
preliminary cost and utilization information based on the data provided
by DSH by July 1 of that year.
d. No later than September 1 of that same fiscal year, DSH shall provide
CaIMHSA, or counties not represented by CaIMHSA, with responses to
the preliminary feedback provided by CalMHSA. The parties shall
thereafter collaborate in good faith to resolve the outstanding questions.
e. No later than November 1 of that same fiscal year, DSH shall provide
CaIMHSA, or counties not represented by CalMHSA, with a proposed
final LPS bed rate cost estimate based on the best data possible
applicable to the number and types of LPS beds sought for the fiscal
year beginning eight (8) months from November 1 of that year.
f. By January 1, CaIMHSA, or counties not represented by CaIMHSA, shall
provide DSH with final written notification of the number and type(s) of
LPS beds sought for the fiscal year beginning six (6) months from
January 1 of that year. These notifications shall not preclude
subsequent changes agreed to by both DSH and the county in the
contract negotiation process.
g. DSH and CaIMHSA shall negotiate in good faith to memorialize a formal
agreement between CaIMHSA, or counties not represented by
CaIMHSA, no later than May 15, or forty-six (46) days before the start of
the fiscal year, with the new LPS bed rates and number of LPS beds
contracted for.
h. Counties contracting directly with the DSH may submit the Statement of
Annual Bed Rates and County Bed Need directly to the DSH. However,
the County is only obligated to pay for beds it uses. The DSH will update
Exhibit 3 with the County's bed need estimate and submit it to the
County.
4. A County shall complete Exhibit 1 and provide a signed "Purchase Agreement
of State Hospital Beds" (Exhibit 4) to DSH.
5. Patients under the care of the DSH, referred to outside medical facilities, will
remain admitted to DSH unless the County, in conjunction with the conservator
and/or Public Guardian, initiates discharge. Upon the completion of a County-
initiated discharge, the Patient and all costs become the responsibility of the
County.
6. During all offsite leaves, Counties will continue to be charged at the daily bed
rate. For all offsite leaves of greater than 30 days, the DSH and the County
may, at the request of either party, and in conjunction with the conservator
and/or Public Guardian discuss appropriate care options for Patients.
I. Bed Payment
1. The current bed rates and current estimated bed usage are reflected in Exhibit
3.
This MOU involves a minimum commitment of zero beds for any particular
County. The amount that the Controller is authorized to reimburse DSH from
the mental health account of the County's Health and Welfare Trust Fund,
pursuant to Welfare and Institutions Code section 17601, subdivision (b), is
based on the amounts provided to the Controller per the County Actual Use
statement reflecting actual bed usage by the County for the prior month.
2. The bed rates in this MOU represent the total amount due from the County for
services provided in Section II, Terms and Conditions (C) (1-6, 7 (except for
transportation for which a county is responsible), 8-9) by the DSH.
J. Records
8
1. Patient Records
a. Hospitals shall maintain adequate medical records on each Patient. These
medical records shall include legal status, diagnosis, psychiatric evaluation,
medical history, individual treatment plan, records of Patient interviews,
progress notes, recommended continuing care plan, discharge summary,
and records of services. These records shall be provided by various
professional and paraprofessional personnel in sufficient detail to permit an
evaluation of services.
b. Subject to applicable federal and California privacy laws and regulations,
including DSH policies, the DSH will provide access to Patient medical
records to Counties and CalMHSA through the use of a secure file sharing
technology determined by the DSH. Access to the information described in
this section shall only be made available to CalMHSA upon execution of a
data sharing agreement. To facilitate such access, the DSH will work with
CalMHSA and the Counties to make sure that each County has an
authorized person with sufficient training and credentials (i.e., user name and
password) that the person will be able to access DSH Patient records on
behalf of the County.
c. Subject to applicable federal and California privacy laws and regulations,
including DSH policies, upon request by the County for medical records of
County's Patient, the DSH will ordinarily upload and make available to the
County through a secure file sharing technology all current records of Patient
within seven (7) business days, provided, however, that if records of a
Patient are unusually voluminous the DSH may give notice that more than
seven (7) business days will be needed.
d. Subject to applicable federal and California privacy laws and regulations,
including DSH policies, upon request by the County for physical access to
medical records of County's Patient, the DSH will make available all current
records of Patient for inspection at the facility where Patient resides, within
a timeframe agreed upon by the DSH Hospital representative and the
County.
2. Financial Records
a. The DSH shall prepare and maintain accurate and complete financial
records of the Hospitals' operating expenses and revenue. Such records
shall reflect the actual cost of the type of service for which payment is
claimed, on an accrual basis. Additionally, such records shall identify
costs attributable to County LPS Patients, versus other types of patients
to whom the Hospitals provide services. Any apportionment of, or
distribution of costs, including indirect costs, to or between programs or
cost centers of the Hospitals shall be documented, and shall be made in
accordance with generally accepted accounting principles and applicable
laws, regulations, and state policies. The Patient eligibility determination,
and any fee charged to and collected from Patients, together with a
9
record of all billings rendered and revenues received from any source, on
behalf of Patients treated pursuant to this MOU, shall be reflected in the
Hospital's financial records.
3. Retention of Records
a. The Hospitals shall retain all financial and Patient records pursuant to
federal, State and DSH record retention requirements.
K. Inspections and Audits
1. Consistent with confidentiality provisions of Welfare and Institutions Code
section 5328, any authorized representative of the County shall have access
to the medical and financial records of the DSH for the purpose of conducting
any fiscal review or audit during the Hospital's record retention period. The
Hospital shall provide the County adequate space to conduct such review or
audit. The County may, at reasonable times, inspect or otherwise evaluate
services provided in the Hospitals; however, the County shall not disrupt the
regular operations of the Hospitals.
2. The County shall not duplicate reviews conducted by other agencies (e.g.,
State Department of Public Health, County Coroner's Office, and District
Attorney's Office), if the detailed review results, methods, and work papers of
any such review are made available to the County and the County determines
the review was sufficient for County purposes. Practitioner-specific peer review
information and information relating to staff discipline is confidential and shall
not be made available.
L. Notices
1. Except as otherwise provided herein, all communication concerning this MOU
shall be as follows:
Department of State Hospitals
trustoffice(a)_dsh.ca.gov
(916) 654-2201
CaIMHSA
Kacy Carr, LSW, Clinical Contracts Lead
(279) 675-4097
kacy.carr@calmhsa.org
10
The County has designated the following as its MOU coordinator:
Name: Susan Holt
E-mail: sholt(a).fresnocountyca.gov
Phone: (559) 600-9058
1. The Hospitals shall notify the County and the conservator and/or Public
Guardian by telephone (with subsequent written confirmation), encrypted email
or FAX, within twenty-four (24) hours of becoming aware of any occurrence of
a serious nature which involves a Patient. Such occurrences shall include, but
are not limited to, homicide, suicide, accident, injury, battery, Patient abuse,
rape, significant loss or damage to Patient property, and absence without leave.
2. The Hospital shall notify the County of the conversion of a Patient on LPS
status to a PC commitment status that results in the DSH becoming financially
responsible for the placement of the Patient. The Hospital shall notify the
County, by telephone at the earliest possible time, but not later than five (5)
business days after such conversion. Such telephone notification shall be
followed by a written notification to the County, which shall be submitted no
later than ten (10) business days after the Patient's conversion.
III. SPECIAL PROVISIONS
A. This MOU is subject to and is superseded by, any restrictions, limitations, or
conditions enacted by the Legislature and contained in the Budget Act, or any
statute or regulations enacted by the Legislature which may affect the provisions,
terms, or funding of this MOU. The parties do not intend to amend or waive any
statutory provision applicable to the use of state hospital beds by counties pursuant
to Part 1 of Division 5 of the Welfare and Institutions Code, unless the subsection
to be amended or waived is specifically identified in this MOU with a statement
indicating the parties' intent to amend or waive the provision as thereinafter
described. If statutory, regulatory, bed rate, or billing process changes occur during
the term of this MOU, the parties may renegotiate the terms of this MOU affected
by the statutory, regulatory, bed rate or billing process changes.
B. Should the DSH's ability to meet its obligations under the terms of this MOU be
substantially impaired due to loss of a Hospital license, damage or malfunction of
the Hospital, labor union strikes, or other cause beyond the control of the DSH, the
parties may negotiate modifications to the terms of this MOU.
C. Mutual Indemnification
1. The County shall defend, indemnify, and hold the DSH and its agencies, their
respective officers, employees and agents, harmless from and against any and
all liability, loss, expense, attorneys' fees, or claims for injury or damages
arising out of the performance of this MOU but only in proportion to and to the
extent such liability, loss, expense, attorneys' fees, or claims for injury or
11
DocuSign Envelope ID:032BB400-OB43-475D-93CC-612E74D2DC97
damages are caused by or result from the negligent or intentional acts or
omissions of the County, its officers, agents, or employees.
2. The DSH shall defend, indemnify, and hold the County, its officers, employees,
and agents, harmless from and against any and all liability, loss, expense,
attorneys' fees, or claims for injury or damage arising out of the performance of
this MOU but only in proportion to and to the extent such liability, loss, expense,
attorneys' fees, or claims for injury or damages are caused by or result from
the negligent or intentional acts or omissions of the DSH and/or its agencies,
their officers, agents, or employees.
D. The signatories below represent that they have the authority to sign this MOU on
behalf of their respective agencies. Execution by a participating County of Exhibit
1 confirms the participating County agrees to the terms of this MOU and Exhibits
1-4. This MOU and its Exhibit 1 may be executed in counterparts.
E. This MOU, which includes Exhibits 1-4, comprises the entire agreement and
understanding of the parties and supersedes any prior agreement or
understanding.
F. This MOU which includes Exhibits 1-4 may be amended or modified only by a
written amendment signed by the parties.
G. The parties are independent agents. Nothing herein contained shall be construed
as creating the relationship of employer and employee, or principal and agent,
between the parties or any of their agents or employees.
DocuSigned by:
Ult, W(tr 11/30/2023
82E9EFBAB7CC446...
Dr. Amie Miller, Executive Director Date
CaIMHSA
DocuSigned by:
E F4C138AFSA54DA 11/30/2023
Dominique vviiilams, Ghief Date
Procurement and Contract Services Section
Department of State Hospitals
12
EXHIBIT 1
Execution acknowledges the signatory possesses actual or apparent authority to declare
the applicable County is a participating County under this MOU.
ll -r23
Signature Date
Sal Quintero
Chairman of the Board of Supervisors of the County of Fresno
-aP a3
ATTEST:
BERNICE E. SEIDEL Date
Clerk of the Board of Supervisors
County of Fresno, State of California
By_
Deputy13
EXHIBIT 2
LPS SERVICES SUMMARY
Licensure
The Hospitals comply with all applicable federal and state laws, licensing regulations and
provide services in accordance with generally accepted practices and standards
prevailing in the professional community at the time of treatment. The Hospitals, which
are accredited, shall make a good-faith effort to remain accredited by the Joint
Commission throughout the term of the MOU.
The DSH provides the services to its LPS patients as follows:
Core Treatment Team and Nursing Care
The Hospitals provide Treatment Team services that are the core to a Patient's
stabilization and recovery. The Treatment Team groups consist of the following
individuals: Psychiatrist, Psychologists, Social Workers, Rehabilitation Therapists, and
Nurses. These teams provide a highly-structured treatment for mental rehabilitation and
re-socialization in preparation for an open treatment setting or community placement.
Treatment Team Ratios
Treatment Team Member: ICF Staffing Ratio: Acute Care Staffing Ratio:
Psychiatrist 1:35 1:15
Psychologist 1:35 1:15
Social Worker 1:35 1:15
Rehabilitation Therapist 1:35 1:15
Registered Nurse 1:35 1:15
The Hospitals provide nursing care according to nursing licensing ratio requirements for
state hospitals as follows:
Licensing Compliance Nursing Staff Ratios Non-Treatment Team
Nursing Shift: ICF Staffing Ratio: Acute Care Staffing Ratio:
A.M. Shift 1:8 1:6
P.M. Shift 1:8 1:6
NOC Shift 1:16 1:12
The ratios provided above are the current staffing standards employed by the DSH. Each
facility may adjust unit ratios as necessary for the continued treatment and safety of
Patients and staff.
14
Skilled Nursing Facility services provide continuous skilled nursing care and supportive
care to patients whose primary need is for availability of skilled nursing care on an
extended basis. A skilled nursing facility provides 24-hours inpatient care and, as a
minimum, includes physician, skilled nursing, dietary, pharmaceutical services and an
activity program.
Additional Treatment Services
Medical Services: Medical Clinics include Neurology, GYN, Ophthalmology, Optometry,
Endocrinology, Cardiology, Podiatry, Dental and X-Ray services as well as referral
services for Gastro-Intestinal care, Hematology, Nephrology, Surgery and related care for
diseases of the liver (e.g., Hepatitis C). Full Acute Medical Care services are provided via
contracts with community hospitals and/or a County Hospital.
Physical, Occupational and Speech Therapy (POST): Department provides physical
rehabilitation services to all the patients at Napa State Hospital with the goal of assisting
Patients to reach or maintain their highest level of functioning. The POST Team provides
assessment services, treatment services and training to staff and Patients on the use and
care of adaptive equipment that has been evaluated as appropriate for the Patient.
Individualized Active Recovery Services: Active Recovery Services focus on maximizing
the functioning of persons with psychiatric disabilities and are provided both within the
residential units and in the Treatment Mall. Treatment is geared to identify, support and
build upon each person's strengths to achieve their maximum potential in meeting the
person's hopes, dreams, treatment needs and life goals.
Active Recovery Services at the Hospitals:
• Are based on the specific needs of each Patient.
• Are developed and delivered based on a philosophy of recovery.
• Provide a wide range of courses and activities designed to help patients develop
the knowledge and skills that support recovery, and transition toward community
living.
• Are organized to fully utilize staff resources and expertise.
• Provide a range of services that lead to a more normalized environment outside of
the residential areas.
• Are facilitated by psychiatrists, psychologists, social workers, rehabilitation therapy
staff, and nursing staff.
Industrial Therapy: Opportunities include dining room cleaning services, grounds
maintenance, as well as other therapeutic services. Participants must demonstrate an
appropriate level of behavior to ensure safety and security.
15
EXHIBIT 3
COUNTY
STATEMENT OF ANNUAL BED RATES
July 1, 2022 through June 30, 2025
1. STATE HOSPITAL BED RATE FOR FYs 2022-25
FY 2022-23 FY 2023-24 FY 2024-25
Intermediate Care Facility ICF 728 736 736
Acute Psychiatric Hospital (APH) 753 760 760
Skilled Nursing Facility SNF 806 814 814
16
EXHIBIT 4
Purchase Agreement of State Hospital Beds
Fiscal Year 2023-24-2024-25
California Department of State Hospitals
By signing this Purchase Agreement, the County agrees to all recitals, terms and
conditions, and special provisions between the County below and the Department of
State Hospitals, (DSH) contained within the Fiscal Years (FY) 2023-2025/Memorandum
of Understanding (MOU) for the purchase of state hospital beds from the DSH. The DSH
shall be reimbursed for use of state hospital beds by counties pursuant to Welfare and
Institutions Code section 4330 et seq. Any County signing this form will be entitled to the
same services contained in the MOU. The County will also abide by the same
remunerative and legal policies contained within the MOU. The County agrees to sign
Exhibit 1 of the MOU within the next 120 days. The DSH reserves the right to not accept
patients from any County without a signed Exhibit 1.
Fresno County
By Sal Quintero, Chairman, Board of Supervisors
County Director or Director designee — print
Ii' -ag-a3
ty e or or Director designee — sign/date
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of C iifornia
By— Deputy
FUND/SUBCLASS: 0001/10000
ORG: 56302007
ACCT:7295
17