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HomeMy WebLinkAboutM-23-704 - Pre-Release MCal MOU Amend No. 2 fully executed 002.pdf M-23-704 1 AMENDMENT NO. 2 TO INTER-DEPARTMENTAL AGREEMENT 2 THIS AMENDMENT NO. 2 to INTER-DEPARTMENTAL AGREEMENT is made and entered 3 into this 25th day of July , 2025, by and between the COUNTY OF FRESNO, DEPARTMENT OF 4 SOCIAL SERVICES, hereinafter referred to as "DSS", and the COUNTY OF FRESNO, PROBATION 5 DEPARTMENT, hereinafter referred to as "PROBATION". 6 WITNESSETH: 7 WHEREAS, DSS and PROBATION entered into Inter-Departmental Agreement No. M-23-257, 8 dated January 1, 2023, to address California statue (AB 133 Health; Chapter 143) mandating all counties 9 implement pre-release Medi-Cal enrollment and suspension processes as part of the Providing Access and 10 Transforming Health (PATH) Justice-Involved Capacity Building Program; and 11 WHEREAS, DSS and PROBATION previously amended said Inter-Departmental Agreement 12 executing Inter-Departmental Agreement No. M-23-703, dated August 29t", 2024; and 13 WHEREAS, pursuant to California Penal Code Section 4011.11, DSS and PROBATION are 14 required to "share the information and data necessary to facilitate the enrollment of inmates in health 15 insurance affordability programs on or before their date of release and to appropriately suspend and 16 unsuspend Medi-Cal coverage for beneficiaries"; and 17 WHEREAS, DSS and PROBATION now desire to further amend the Inter-Departmental 18 Agreement, as previously amended, in order to clarify responsibilities under the agreement, including that 19 certain data sharing is to be conducted in accordance with the provisions of California Penal Code Section 20 4011, including the aforementioned subsection 11. 21 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is 22 hereby acknowledged, the parties hereto agree as follows: 23 1. All references in the Inter-Departmental Agreement, as previously amended, to "Revised 24 Exhibit A" shall be amended to read "Revised Exhibit A-1". Revised Exhibit A-1 shall be 25 attached and incorporated by this reference. 26 2. That the following be inserted in Section 8 "Confidentiality and Medi-Cal Privacy" of the 27 Inter-Departmental Agreement located at page 3, beginning line 2 immediately following 28 "19-000,": -1- 1 "California Penal Code Section 4011," 2 3. That parties agree that this Amendment may be executed by electronic signature as 3 provided in this section. 4 a. An "electronic signature" means any symbol or process intended by an individual signing 5 this Amendment to represent their signature, including but not limited to (1) a digital 6 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically 7 scanned and transmitted (for example by PDF document) version of an original 8 handwritten signature. 9 b. Each electronic signature affixed or attached to this Amendment (1) is deemed equivalent 10 to a valid original handwritten signature of the person signing this Amendment for all 11 purposes, including but not limited to evidentiary proof in any administrative or judicial 12 proceeding, and (2) has the same force and effect as the valid original handwritten 13 signature of that person. 14 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 15 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 16 2, Title 2.5, beginning with section 1633.1). 17 d. Each party using a digital signature represents that it has undertaken and satisfied 18 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 19 through (5), and agrees that each other party may rely upon that representation. 20 e. This Amendment is not conditioned upon the parties conducting the transactions under it 21 by electronic means and either party may sign this Amendment with an original 22 handwritten signature. 23 Both parties agree that this Amendment is sufficient to amend the Inter-Departmental 24 Agreement, as previously amended, and that upon execution of this Amendment, the Inter-Departmental 25 Agreement, as previously amended, and this Amendment together shall be considered the Inter- 26 Departmental Agreement. 27 This Inter-Departmental Agreement, as hereby amended, is ratified and continued. All 28 provisions, terms, covenants, conditions and promises contained in the Inter-Departmental Agreement -2- 1 and not amended herein shall remain in full force and effect. 2 Executed and effective as of the date first above set forth. 3 4 COUNTY OF FRESNO COUNTY OF FRESNO DEPARTMENT OF SOCIAL SERVICES PROBATION DEPARTMENT 5 6 7 By: By: S nja/gugay, ire for irk Hayn , C ief Probation Officer 8 � Date: 2'� Date: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- Revised Exhibit A-1 Page 1 of 3 SUMMARY OF SERVICES ORGANIZATIONS: Department of Social Services and Probation Department SERVICE: CalAIM Justice-Involved Medi-Cal Pre-release Enrollment CONTRACT PERIOD: January 1, 2023— December 31, 2026 PROJECT DESCRIPTION: The County of Fresno Probation Department (Probation) and the County of Fresno Department of Social Services (DSS) shall exchange information necessary to implement the California State mandated Medi-Cal pre-release enrollment and suspend/unsuspend benefits processes for the Fresno County Probation Department juvenile justice-involved population. PROBATION RESPONSIBILITIES: • Provide access to an electronic roster to include names of recently detained individuals, recently incarcerated individuals with a known release date, and individuals released the prior week to select DSS staff. o Probation shall ensure that all individuals entered and maintained in this roster are individuals for which Probation bears responsibility through supervision and/or monitoring and that Probation is legally responsible for the individual's linkage to Medi-Cal services. o Demographics for each listed juvenile to include: ✓ Date of birth ✓ Social security number ✓ Booking date ✓ Release date ✓ Address ✓ Mother's name, phone number, address, primary language ✓ Father's name, phone number, address, primary language ✓ Guardian's name, phone number, address, primary language • When Probation's "CaIAIM Module" is implemented in its electronic case management system "PRI MS", provide ongoing access to and training for use to designated DSS contact and/or select DSS staff for the purpose of obtaining and providing individual Medi-Cal eligibility and coverage status. • For individuals housed in the Juvenile Justice Campus (JJC) for 7 days or more, Probation will provide Medi-Cal pre-release application services to the individual and/or individual's families, by assisting the individual and/or their family member in the completion of pre-release Medi-Cal applications. • Submit to DSS via a secure method mutually agreed upon by Probation and DSS pre- release Medi-Cal applications. • Distribute Medi-Cal information and messaging relevant to the juvenile justice-involved population using fliers, posters and videos provided by DSS. • Use Medi-Cal coverage status information provided by DSS, including Client Index Number (CIN), to bill and claim for 90-day pre-release services and support reentry services. Revised Exhibit A-1 Page 2 of 3 DSS RESPONSIBILITIES: • Access the electronic rosters maintained by Probation or Probation's CalAIM Module once implemented in PRI MS on a weekly basis for the purpose of obtaining and providing individual Medi-Cal eligibility and coverage status and incarceration and release dates to: o Identify individuals' coverage for Medi-Cal by reviewing MEDS, Cal SAWs, or Covered California. Notify if the Medi-Cal determination is not expected to be complete before the individual's release (if the release date is known). Identify and highlight individuals who do not have Medi-Cal coverage. o Verify the current Medi-Cal benefit enrollment status of the individual and provide status, including CIN, to Probation. o Suspend Medi-Cal benefits of incarcerated individuals beyond 28 days. o Unsuspend Medi-Cal benefits of individuals upon notification of release from incarceration from Probation. For those released to another facility, other actions may be required. o Provide to Probation any additional client information as necessary to conduct pre-and post-release services for individuals identified in the roster. • DSS staff are required to complete the appropriate level of training (currently Security Awareness Training, Level 2) through CJISOnline.com before being granted access to Probation's electronic roster or Probation's CalAIM Module in PRI MS. This training is mandatory and shall be completed every two (2) years. • Provide to Probation the name of a designated contact for all communications, actions and issues related to DSS' access. The DSS designated contact shall: o Facilitate the training of DSS staff on the use of Probation's electronic rosters or CalAIM Module in PRI MS, and ensure that security awareness training through CJISOnline.com website is updated and renewed every two (2) years; o Submit request for new user access to the CalAIM Module in PRI MS through Probation Automation; o Notify Probation immediately when a DSS staff member no longer requires access to PRI MS; and o Review the list of DSS staff granted access to Probation's electronic rosters or PRI MS on an annual or as needed basis and provide updates to any necessary changes. • Receive and process individual Medi-Cal applications consistent with applicable laws, regulations, and time frames. • Provide initial and ongoing Medi-Cal application training and assistance to Probation staff as needed. • Provide to Probation Medi-Cal information, DSS contact information, and messaging relevant to the juvenile justice-involved population in the form of fliers, posters, and various other media. • For individuals housed in the JJC for less than 7 days, DSS will provide Medi-Cal pre- release application services to individuals and/or individual's families. MUTUAL RESPONSIBILITIES: • Meet quarterly, or at another frequency as mutually determined, to review processes and provisions contained within this MOU. Revised Exhibit A-1 Page 3 of 3 • Provide and receive training on safeguarding of confidential information to include Personal Identifiable Information (PI I) and reporting requirements for unauthorize disclosure of confidential information or PII.