HomeMy WebLinkAbout32151Agreement No. 15-316
AGREEMENT 1
2 THIS AGREEMENT is made and entered into this _ __,__I ~_,_+h-'--'--'--day of :ruJ V
3 2015, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and each provider listed in Exhibit A, attached to this
5 Agreement and by this reference incorporated herein, and collectively herein&fter referred to as
6 "CONTRACTOR(S)" and such additional Contractors as may, from time to time during the term of this
7 Agreement, be added by COUNTY's Director, Department of Behavioral Health or designee in
8 accordance with this Agreement.
9 W I T N E S S E T H:
10 WHEREAS, the County of Fresno has residents who are designated to be placed at or are being
11 discharged from locked facilities including but not limited to State Mental Health hospitals, Institutions
12 for Mental Disease (IMD) and locked Mental Health Resource Centers (MHRC); and
13 WHEREAS, the Welfare and Institutions Code, section 5458(c) describes the Transitional
14 Residential Program as a program of services provided to persons who may be expected to move
15 towards a more independent living situation; and
16 WHEREAS, COUNTY, through its Department of Behavioral Health (DBH) desires to contract
17 with licensed transitional mental health residential facilities qualified to provide such services.
18 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
19 hereto agree as follows:
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1. SERVICES
A. CONTRACTOR shall perform all services and fulfill all responsibilities as
22 identified in Exhibit B, "Transitional Social Rehabilitation Program Services and Requirements,"
23 attached hereto and by this reference incorporated herein.
24 B. Upon expiration or termination of this Agreement for any reason,
25 CONTRACTOR(S) agrees to assist COUNTY's DBH in the placement of COUNTY's clients who can
26 no longer remain at CONTRACTOR(S)' facilities.
27 C. CONTRACTOR(S) shall provide transportation services for COUNTY clients to
28 and from appointments and activities, as needed.
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D. For admission and discharge, COUNTY shall be responsible for and arrange
transportation to and from CONTRACTOR(S)' facilities.
E. CONTRACTOR(S) shall give COUNTY representatives, including but not
limited to Case Managers and Deputy Conservators, reasonable access to COUNTY clients, their
records and medical records, to aid in optimizing treatment for COUNTY clients. These COUNTY
representatives shall be allowed to be involved in periodic meetings with treatment staff of the facility
when COUNTY clients, their treatment and progress are discussed.
F. CONTRACTOR(S) shall possess and maintain all licenses, permit approvals,
certificates, waivers and exceptions necessary as further described in Section Eighteen (18) of this
Agreement.
2. TERM
12 This Agreement shall become effective on the 1st day of July, 2015 and shall terminate
13 on the 30th day of June, 2018.
14 This Agreement shall then automatically be extended for two (2) additional twelve (12)
15 month periods upon the same terms and conditions herein set forth, unless written notice of non-
16 renewal is given by CONTRACTOR(S) or COUNTY or COUNTY's DBH Director or designee no
17 later than sixty ( 60) days prior to the expiration of the Agreement term.
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3. TERMINATION
A. Non-Allocation of Funds-The terms ofthis Agreement, and the services to be
20 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
21 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
22 terminated at any time by giving CONTRACTOR(S) thirty (30) days advance written notice.
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B. Breach of Contract-COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of COUNTY there is:
1) An illegal or improper use of funds;
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A failure to comply with any term of this Agreement;
A substantially incorrect or incomplete report submitted to COUNTY;
Improperly performed service.
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2 5) Suspension or revocation of the license by any regulatory agency of the
3 State of California to operate the facility.
4 In no event shall any payment by COUNTY constitute a waiver by COUNTY of
5 any breach of this Agreement or any default which may then exist on the part ofCONTRACTOR(S).
6 Neither shall such payment impair or prejudice any remedy available to COUNTY with respect to the
7 breach or default. COUNTY shall have the right to demand ofCONTRACTOR(S) the repayment to
8 COUNTY of any funds disbursed to CONTRACTOR(S) under this Agreement, which in the judgment
9 of COUNTY were not expended in accordance with the terms of this Agreement. CONTRACTOR(S)
10 shall promptly refund any such funds upon demand or, at COUNTY's option; such repayment shall be
11 deducted from future payments owing to CONTRACTOR(S) under this Agreement.
12 c. Without Cause-Under circumstances other than those set forth above, this
13 Agreement may be terminated by CONTRACTOR(S) or COUNTY upon the giving of thirty (30) days
14 advance written notice of an intention to terminate.
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4. COMPENSATION
A. COMPENSATION FOR ROOM AND BOARD
17 For each COUNTY client that has Social Security Insurance (SSI), COUNTY
18 and CONTRACTOR(S) agree that the basic SSI monthly rate for Transitional Social Rehabilitation
19 Program (TSRP) service recipients, as determined by the Social Security Administration and the State
20 of California Department of Health Care Services, shall be provided to CONTRACTOR(S)' for room
21 and board services. CONTRACTOR shall seek payment of SSI for room and board services from the
22 DBH's Public Guardian Office (PGO) Division, who administers SSI monies on behalf of the clients.
23 The parties acknowledge that said SSI monies for SSI recipients are not part of the funds provided
24 through this Agreement.
25 For each COUNTY client that is not an SSI recipient, COUNTY and
26 CONTRACTOR(S) agree that the basic SSI monthly rate for room and board for TSRP service
27 recipients, as determined by the Social Security Administration and the State of California Department
28 of Health Care Services, shall be provided to CONTRACTOR(S) for room and board services.
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1 CONTRACTOR(S) shall invoice COUNTY, and COUNTY shall pay CONTRACTOR(S), for these
2 room and board services.
3 COUNTY and CONTRACTOR(S) acknowledge that the rates recited in the
4 preceding paragraphs may be subject to adjustment pursuant to rates set by the State of California
5 Department of Health Care Services or the Social Security Administration as appropriate, during each
6 term of this Agreement. Rate adjustment(s) shall be approved by COUNTY's DBH Director, or
7 designee and CONTRACTOR(S), and shall become part of this Agreement. COUNTY agrees to pay
8 CONTRACTOR(S) the adjusted rate after the effective date of the adjustment is authorized by the State
9 of California Department of Health Care Services or Social Security Administration, as appropriate,
10 and CONTRACTOR(S) agree to accept such rates as ofthe effective date of such adjustment, whether
11 or not the cost of providing such services shall have exceeded the amount of the payments hereunder.
12 Any rate adjustment shall not result in an increase to the maximum amount of the Agreement as stated
13 herein. COUNTY shall notify CONTRACTOR(S) in writing of any SSI rate change within thirty (30)
14 days of COUNTY receiving notice of any rate change from the State of California Department of
15 Health Care Services or Social Security Administration.
16 B. COMPENSATION FOR TSRP SERVICES
17 In addition to Section 4.A. above, COUNTY agrees to pay and
18 CONTRACTOR(S) agree to accept compensation for TSRP services provided to COUNTY clients
19 whether or not the client is covered by SSI, Medi-Cal, private insurance, or has no other coverage, at
20 the daily rate as specified in Exhibit A for each of CONTRACTOR' (S) facilities.
21 CONTRACTOR(S) understand that COUNTY may seek reimbursement from
22 any applicable third party payor (e.g., Medicare, Medi-cal or other insurance) for TSRP services
23 rendered by CONTRACTOR(S) and paid for by COUNTY. CONTRACTOR(S) shall be responsible
24 for preparation and submission to COUNTY of Medi-Cal billing information, and/or other third party
25 payor information as it relates to COUNTY's clients, which information COUNTY will utilize to seek
26 reimbursement for payments it has made to CONTRACTOR(S).
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c. GENERAL PROVISIONS
The maximum amount of compensation paid by COUNTY for clients receiving
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1 TSRP services pursuant to Section 4.A and 4.B. to all CONTRACTOR(S) collectively shall not exceed
2 One Million Two Hundred Fifty Thousand and No/100 Dollars ($1,250,000.00) during each twelve
3 (12) month period of this Agreement. The maximum compensation amount shall not exceed Six Million
4 Two Hundred Fifty Thousand and No/100 Dollars ($6,250,000.00) during the term of this Agreement.
5 It is understood that all expenses incidental to CONTRACTOR(S) performance
6 of TSRP services under this Agreement shall be borne by CONTRACTOR(S). Payments by COUNTY
7 shall be in arrears, within forty-five (45) days after receipt, verification and approval of
8 CONTRACTOR(S') invoices by COUNTY'S DBH, for services provided during the preceding month.
9 In addition, it is understood by CONTRACTOR(S) that at the discretion of COUNTY's DBH Director
10 or designee, COUNTY reserves the right to deny payment of any additional invoices received ninety
11 (90) days after the expiration of each term of this Agreement or termination of this Agreement. If
12 CONTRACTOR(S) should fail to comply with any provision of this Agreement, COUNTY shall be
13 relieved of its obligation for further compensation.
14 5. INVOICING
15 CONTRACTOR(S) shall invoice COUNTY's DBH for each COUNTY client, by the
16 tenth (1oth) of each month for actual expenses incurred and services rendered in the previous month, to:
17 DBH-Invoices@co.fresno.ca.us or addressed to Fresno County Department of Behavioral Health,
18 Accounts Payable, P.O. Box 45003, Fresno, CA 93702. Invoices shall include date(s) of stay, client
19 name, Date of Birth (DOB), Social Security number, and facility name and location. No
20 reimbursement for services shall be made until invoices are received and reviewed by COUNTY's
21 DBH.
2 2 At the discretion of COUNTY's D BH Director or designee, if an invoice is incorrect or
23 is otherwise not in proper form or substance, COUNTY shall have the right to withhold payment as to
24 only that portion of the invoice that is incorrect or improper and CONTRACTOR agrees to continue to
25 provide services for a period of ninety (90) days and, if after the ninety (90) day period, the invoice(s)
26 is still not corrected to COUNTY's DBH satisfaction, COUNTY may elect to terminate this Agreement
27 with individual CONTRACTOR(S), pursuant to the termination provisions stated in Section Three (3)
28 ofthis Agreement.
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1 I 6. INDEPENDENT CONTRACTOR
2 In performance of the work, duties, and obligations assumed by CONTRACTOR(S)
3 under this Agreement, it is mutually understood and agreed that CONTRACTOR(S), including any and
4 all of CONTRACTOR(S ') officers, agents, and employees will at all times be acting and performing as
5 independent contractors, and shall act in an independent capacity and not as an officer, agent, servant,
6 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
7 right to control or supervise or direct the manner or method by which CONTRACTOR(S) shall perform
8 their work and function. However, COUNTY shall retain the right to administer this Agreement so as
9 to verify that CONTRACTOR(S) are performing their obligations in accordance with the terms and
10 conditions thereof. CONTRACTOR(S) and COUNTY shall comply
11 with all applicable provisions of law and the rules and regulations, if any, of governmental authorities
12 having jurisdiction over matters which are directly or indirectly the subject thereof.
13 Because of their status as independent contractors, CONTRACTOR(S) shall have
14 absolutely no right to employment rights and benefits available to COUNTY employees.
15 CONTRACTOR(S) shall be solely liable and responsible for providing to, or on behalf of, their
16 employees all legally-required employee benefits. In addition, CONTRACTOR(S) shall be solely
17 responsible and save COUNTY harmless from all matters relating to payment ofCONTRACTOR(S')
18 employees, including compliance with Social Security, withholding, and all other regulations governing
19 such matters. It is acknowledged that during the term ofthis Agreement, CONTRACTOR(S) may be
20 providing services to others unrelated to the COUNTY or to this Agreement.
21 7. SEPARATE AGREEMENT
22 It is mutually understood by the parties that this Agreement does not, in any way, create
23 a joint venture among the individual CONTRACTOR(S). By execution of the Agreement, the
24 CONTRACTOR(S) understand that a separate Agreement is formed between each individual
25 Contractor and COUNTY.
8. MODIFICATION 26
27 A. Any matters of this Agreement may be modified from time to time by the written
28 consent of all the parties without, in any way, affecting the remainder.
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1 B. Notwithstanding the above, changes to the providers listed in Exhibit A may be
2 made in accordance with Section Nineteen (19) of this Agreement.
3 c. Additionally, changes to the licensed residential supplemental rate, as dictated by
4 the State of California, may be made in accordance with Section Four (4) of this Agreement. Such
5 licensed residential supplemental rate changes shall not result in any changes to the maximum
6 compensation amount payable to CONTRACTOR(S).
7 9. NON-ASSIGNMENT
8 No party shall assign, transfer or subcontract this Agreement nor their rights or duties
9 under this Agreement without the prior written consent of the other party.
10 10. HOLD-HARMLESS
11 CONTRACTOR(S) agree to indemnify, save, hold harmless, and at COUNTY's request,
12 defend the COUNTY, its officers, agents and employees from any and all costs and expenses, including
13 attorney's fees and court costs, damages, liabilities, claims and losses occurring or resulting to
14 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR(S), their
15 officers, agents or employees under this Agreement, and from any and all costs and expenses, including
16 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any
17 person, firm or corporation who may be injured or damaged by the performance, or failure to perform,
18 ofCONTRACTOR(S), their officers, agents or employees under this Agreement. In addition,
19 CONTRACTOR(S) agree to indemnify COUNTY for Federal, State of California and/or local audit
20 exceptions resulting from noncompliance herein on the part of the CONTRACTOR(S).
21 11. INSURANCE
22 Without limiting the COUNTY's right to obtain indemnification from
23 CONTRACTOR(S) or any third parties, CONTRACTOR(S), at its sole expense, shall maintain in full
24 force and effect the following insurance policies throughout the term of this Agreement:
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A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
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(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature ofthe Agreement.
Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
should include owned and non-owned vehicles used in connection with this
Agreement.
C. Professional Liability
D.
IfCONTRACTOR(S) employs licensed professional staff(e.g. Ph.D., R.N.,
L.C.S.W., M.F.T.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1 ,000,000) per occurrence, Three
Million Dollars ($3,000,000) annual aggregate. CONTRACTOR agrees that it
shall maintain, at its sole expense, in full force and effect for a period of three (3)
years following the termination of this Agreement, one or more policies of
professional liability insurance with limits of coverage as specified herein.
Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
CONTRACTOR(S) shall obtain endorsements to the Commercial General
Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under the CONTRACTOR(S) policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR(S) signs this Agreement,
CONTRACTOR(S) shall provide certificates of insurance and endorsements as stated above for all of
the foregoing policies, as required herein, to the County of Fresno, 4441 E. Kings Canyon, Fresno,
California, 93702, Attention: Contracts Section, stating that such insurance coverage's have been
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1 obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be
2 responsible for any premiums on the policies; that such Commercial General Liability insurance names
3 the County of Fresno, its officers, agents and employees, individually and collectively, as additional
4 insured, but only insofar as the operations under this Agreement are concerned; that such coverage for
5 additional insured shall apply as primary insurance and any other insurance, or self-insurance,
6 maintained by the COUNTY, its officers, agents and employees, shall be excess only and not
7 contributing with insurance provided under the CONTRACTOR(S') policies herein; and that this
8 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written
9 notice given to COUNTY.
10 In the event CONTRACTOR(S) fails to keep in effect at all times insurance coverage as
11 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate
12 this Agreement upon the occurrence of such event.
13 All policies shall be with admitted insurers licensed to do business in the State of
14 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating of
15 A FSC VIII or better.
16 12. CONFIDENTIALITY
17 All services performed by CONTRACTOR under this Agreement shall be in strict
18 conformance with all applicable Federal, State of California and/or local laws and regulations relating
19 to confidentiality.
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13. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
A. The parties to this Agreement shall be in strict conformance with all applicable
22 Federal and State of California laws and regulations, including but not limited to Sections 5328, 10850,
23 and 14100.2 et seq. ofthe Welfare and Institutions Code, Sections 2.1 and 431.300 et seq. ofTitle 42,
24 Code ofFederal Regulations (CFR), Section 56 et seq. ofthe California Civil Code, Sections 11977
25 and 11812 of Title 22 of the California Code of Regulations, and the Health Insurance Portability and
26 Accountability Act (HIPAA), including but not limited to Section 1320 D et seq. of Title 42, United
27 States Code (USC) and its implementing regulations, including, but not limited to Title 45, CFR,
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1 Sections 142, 160, 162, and 164, and The Health Information Technology for Economic and Clinical
2 Health Act (HITECH) regarding the confidentiality and security of patient information.
3 Except as otherwise provided in this Agreement, CONTRACTOR, as a Business
4 Associate of COUNTY, may use or disclose Protected Health Information (PHI) to perform functions,
5 activities or services for or on behalf of COUNTY, as specified in this Agreement, provided that such
6 use or disclosure shall not violate the Health Insurance Portability and Accountability Act (HIP AA),
7 USC 1320d et seq. The uses and disclosures of PHI may not be more expansive than those applicable
8 to COUNTY, as the "Covered Entity" under the HIP AA Privacy Rule ( 45 CFR 164.500 et seq), except
9 as authorized for management, administrative or legal responsibilities of the Business Associate.
10 B. CONTRACTOR shall protect, from unauthorized access, use, or disclosure of
11 names and other identifying information concerning persons receiving services pursuant to this
12 Agreement, except where permitted in order to carry out data aggregation purposes for health care
13 operations [45 CFR Sections 164.504 (e)(2)(i), 164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)]-This
14 pertains to any and all persons receiving services pursuant to a COUNTY funded program.
15 CONTRACTOR shall not use such identifying information for any purpose other than carrying out
16 CONTRACTOR's obligations under this Agreement.
17 C. CONTRACTOR shall not disclose any such identifying information to any
18 person or entity, except as otherwise specifically permitted by this Agreement, authorized by law, or
19 authorized by the client/patient.
20 D. For purposes of the above sections, identifying information shall include, but not
21 be limited to name, identifying number, symbol, or other identifying particular assigned to the
22 individual, such as finger or voice print, or a photograph.
23 E. CONTRACTOR shall provide access, at the request of COUNTY, and in the
24 time and manner designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR
25 Section 164.501), to an individual or to COUNTY in order to meet the requirements of 45 CFR
26 Sectionl64.524 regarding access by individuals to their PHI.
27 CONTRACTOR shall make any amendment(s) to PHI in a designated record set
28 at the request of COUNTY, and in the time and manner designated by COUNTY in accordance with 45
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1 CFR Section 164.526.
2 CONTRACTOR shall provide to COUNTY or to an individual, in a time and
3 manner designated by COUNTY, information collected in accordance with 45 CFR Section 164.528, to
4 permit COUNTY to respond to a request by the individual for an accounting of disclosures of PHI in
5 accordance with 45 CFR Section 164.528.
6 F. CONTRACTOR shall report to COUNTY, in writing, any knowledge or
7 reasonable belief that there has been unauthorized access, viewing, use, disclosure, or breach of
8 Protected Information not permitted by this Agreement, and any breach of unsecured PHI of which it
9 becomes aware, immediately and without reasonable delay and in no case later than two (2) business
10 days of discovery. Immediate notification shall be made to COUNTY's Information Security Officer
11 and Privacy Officer and COUNTY's Department of Behavioral Health HIP AA Representative, within
12 two (2) business days of discovery. The notification shall include, to the extent possible, the
13 identification of each individual whose unsecured PHI has been, or is reasonably believed to have been,
14 accessed, acquired, used, disclosed, or breached. CONTRACTOR shall take prompt corrective action
15 to cure any deficiencies and any action pertaining to such unauthorized disclosure required by
16 applicable Federal and State Laws and regulations. CONTRACTOR shall investigate such breach and
17 is responsible for all notifications required by law and regulation or deemed necessary by COUNTY
18 and shall provide a written report ofthe investigation and reporting required to COUNTY's
19 Information Security Officer and Privacy Officer and COUNTY's Department of Behavioral Health
20 HIP AA Representative. This written investigation and description of any reporting necessary shall be
21 postmarked within the thirty (30) working days of the discovery ofthe breach to the addresses below:
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County of Fresno
Dept. of Behavioral Health
HIP AA Representative
(559) 600-9180
4441 E. Kings Canyon
Fresno, CA 93 702
County of Fresno
Dept. of Public Health
Privacy Officer
(559) 445-3249
1221 Fulton Mall
Fresno, CA 93 728
County of Fresno
Information Technology Services
Information Security Officer
(559) 494-3255
2048 N. Fine Street
Fresno, CA 93727
G. CONTRACTOR shall make its internal practices, books, and records relating to
27 the use and disclosure of PHI received from COUNTY, or created or received by the CONTRACTOR
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1 on behalf of COUNTY, available to the United States Department of Health and Human Services upon
2 demand.
3 H. Safeguards
4 CONTRACTOR shall implement administrative, physical, and technical
5 safeguards as required by 45 CFR 164.308, 164.310, and 164.312 that reasonably and appropriately
6 protect the confidentiality, integrity, and availability of PHI, including electronic PHI, that it creates,
7 receives, maintains or transmits on behalf of COUNTY; and to prevent access, use or disclosure of PHI
8 other than as provided for by this Agreement. CONTRACTOR shall develop and maintain a written
9 information privacy and security program that includes administrative, technical and physical
10 safeguards appropriate to the size and complexity of CONTRACTOR's operations and the nature and
11 scope of its activities. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with
12 information concerning such safeguards.
13 CONTRACTOR shall implement strong access controls and other security
14 safeguards and precautions in order to restrict logical and physical access to confidential, personal (e.g.,
15 PHI) or sensitive data to authorized users only. Said safeguards and precautions shall include
16 the following administrative and technical password controls for all systems used to process or store
17 confidential, personal, or sensitive data:
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1. Passwords must not be:
a. Shared or written down where they are accessible or recognizable
20 by anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
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A dictionary word; or
Stored in clear text
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Eight (8) characters or more in length;
Changed every ninety (90) days;
Changed immediately if revealed or compromised; and
Composed of characters from at least three of the following four
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Upper case letters (A-Z);
Lowercase letters (a-z);
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Arabic numerals (0 through 9); and
Non-alphanumeric characters (punctuation symbols).
5 CONTRACTOR shall implement the following security controls on each
6 workstation or portable computing device (e.g., laptop computer) containing confidential,
7 personal, or sensitive data:
Network-based firewall and/or personal firewall;
Continuously updated anti-virus software; and
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3. Patch management process including installation of all operating
11 system/software vendor security patches.
12 CONTRACTOR shall utilize a commercial encryption solution that has received
13 FIPS 140-2 validation to encrypt all confidential, personal, or sensitive data stored on portable
14 electronic media (including, but not limited to, compact disks and thumb drives) and on portable
15 computing devices (including, but not limited to, laptop and notebook computers).
16 CONTRACTOR shall not transmit confidential, personal, or sensitive data viae-
17 mail or other internet transport protocol unless the data is encrypted by a solution that has been
18 validated by the National Institute of Standards and Technology (NIST) as conforming to the Advanced
19 Encryption Standard (AES) Algorithm.
20 I. Mitigation of Harmful Effects
21 CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that
22 is known to CONTRACTOR of an unauthorized access, viewing, use, disclosure, or breach of PHI by
23 CONTRACTOR or its subcontractors in violation of the requirements ofthese provisions.
24 J. Contractor's Subcontractors
25 CONTRACTOR shall ensure that any of its contractors, including
26 subcontractors, if applicable, to whom CONTRACTOR provides PHI received from or created or
27 received by CONTRACTOR on behalf of COUNTY, agree to the same restrictions and conditions that
28 apply to CONTRACTOR with respect to such PHI; and to incorporate, when applicable, the relevant
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1 provisions of these provisions into each subcontract or sub-award to such agents or subcontractors ..
2 K. Employee Training and Discipline
3 CONTRACTOR shall train and use reasonable measures to ensure compliance
4 with the requirements ofthese provisions by employees who assist in the performance of functions or
5 activities on behalf of COUNTY under this Agreement and use or disclose PHI and discipline such
6 employees who intentionally violate any provisions of these provisions, including termination of
7 employment.
8 L. Termination for Cause
9 Upon COUNTY's knowledge of a material breach of these provisions by
10 CONTRACTOR, COUNTY shall either:
11 1. Provide an opportunity for CONTRACTOR to cure the breach or end the
12 violation and terminate this Agreement if CONTRACTOR does not cure the breach or end the violation
13 within the time specified by COUNTY; or
14 2. Immediately terminate this Agreement if CONTRACTOR has breached a
15 material term of these provisions and cure is not possible.
16 3. If neither cure nor termination is feasible, the COUNTY Privacy Officer
17 shall report the violation to the Secretary ofthe U.S. Department of Health and Human Services.
18 M. Judicial or Administrative Proceedings
19 COUNTY may terminate this Agreement in accordance with the terms and
20 conditions ofthis Agreement as written hereinabove, if: (1) CONTRACTOR is found guilty in a
21 criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2)
22 a finding or stipulation that the CONTRACTOR has violated a privacy or security standard or
23 requirement of the HITECH Act, HIP AA; or other security or privacy laws in an administrative or civil
24 proceeding in which the CONTRACTOR is a party.
25 N. Effect of Termination
26 Upon termination or expiration of this Agreement for any reason,
27 CONTRACTOR shall return or destroy all PHI received from COUNTY (or created or received by
28 CONTRACTOR on behalf of COUNTY) that CONTRACTOR still maintains in any form, and shall
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1 retain no copies of such PHI. If return or destruction of PHI is not feasible, it shall continue to extend
2 the protections of these provisions to such information, and limit further use of such PHI to those
3 purposes that make the return or destruction of such PHI infeasible. This provision shall apply to PHI
4 that is in the possession of subcontractors or agents, if applicable, of CONTRACTOR. If Contractor
5 destroys the PHI data, a certification of date and time of destruction shall be provided to the COUNTY
6 by CONTRACTOR.
7 0. Disclaimer
8 COUNTY makes no warranty or representation that compliance by
9 CONTRACTOR with these provisions, the HITECH Act, HIP AA or the HIP AA regulations will be
10 adequate or satisfactory for CONTRACTOR's own purposes or that any information in
11 CONTRACTOR's possession or control, or transmitted or received by CONTRACTOR, is or will be
12 secure from unauthorized access, viewing, use, disclosure, or breach. CONTRACTOR is solely
13 responsible for all decisions made by CONTRACTOR regarding the safeguarding of PHI.
14 P. Amendment
15 The parties acknowledge that Federal and State laws relating to electronic data
16 security and privacy are rapidly evolving and that amendment of these provisions may be required to
17 provide for procedures to ensure compliance with such developments. The parties specifically agree to
18 take such action as is necessary to amend this agreement in order to implement the standards and
19 requirements of HIP AA, the HIP AA regulations, the HITECH Act and other applicable laws relating to
20 the security or privacy of PHI. COUNTY may terminate this Agreement upon thirty (30) days written
21 notice in the event that CONTRACTOR does not enter into an amendment providing assurances
22 regarding the safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the
23 standards and requirements of HIP AA, the HIP AA regulations and the HI TECH Act.
24 Q. No Third-Party Beneficiaries
25 Nothing express or implied in the terms and conditions of these provisions is
26 intended to confer, nor shall anything herein confer, upon any person other than COUNTY or
27 CONTRACTOR and their respective successors or assignees, any rights, remedies, obligations or
28 liabilities whatsoever.
-15 -COUNTY OF FRESNO
Fresno. CA
1 R. Interpretation
2 The terms and conditions in these provisions shall be interpreted as broadly as
3 necessary to implement and comply with HIP AA, the HIP AA regulations and applicable State laws.
4 The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved in
5 favor of a meaning that complies and is consistent with HIP AA and the HIP AA regulations.
6 s. Regulatory References
7 A reference in the terms and conditions of these provisions to a section in the
8 HIP AA regulations means the section as in effect or as amended.
9 T. Survival
10 The respective rights and obligations of CONTRACTOR as stated in this Section
11 shall survive the termination or expiration ofthis Agreement.
12 U. No Waiver of Obligations
13 No change, waiver or discharge of any liability or obligation hereunder on any
14 one or more occasions shall be deemed a waiver of performance of any continuing or other obligation,
15 or shall prohibit enforcement of any obligation on any other occasion.
16 14. DATA SECURITY
17 For the purpose of preventing the potential loss, misappropriation or inadvertent access,
18 viewing, use or disclosure of COUNTY data including sensitive or personal client information; abuse
19 of COUNTY resources; and/or disruption to COUNTY operations, individuals and/or agencies that
20 enter into a contractual relationship with the COUNTY for the purpose of providing services under this
21 Agreement must employ adequate data security measures to protect the confidential information
22 provided to CONTRACTOR by the COUNTY, including but not limited to the following:
23 A. CONTRACTOR-Owned Mobile, Wireless, or Handheld Devices
24 CONTRACTOR may not connect to COUNTY networks via personally-owned
25 mobile, wireless or handheld devices, unless the following conditions are met:
26 1)
27 telecommuting purposes;
28 2)
CONTRACTOR has received authorization by COUNTY for
Current virus protection software is in place;
-16 COUNTY OF FRESNO
Fresno. CA
1
2
3 B.
3)
4)
Mobile device has the remote wipe feature enabled; and
A secure connection is used.
CONTRACTOR-Owned Computers or Computer Peripherals
4 CONTRACTOR may not bring CONTRACTOR-owned computers or computer
5 peripherals into the COUNTY for use without prior authorization from the COUNTY's Chief
6 Information Officer, and/or designee(s), including but not limited to mobile storage devices. If data is
7 approved to be transferred, data must be stored on a secure server approved by the COUNTY and
8 transferred by means of a Virtual Private Network (VPN) connection, or another type of secure
9 connection. Said data must be encrypted.
10 C. COUNTY -Owned Computer Equipment
11 CONTRACTOR or anyone having an employment relationship with the
12 COUNTY may not use COUNTY computers or computer peripherals on non-COUNTY premises
13 without prior authorization from the COUNTY's Chieflnformation Officer, and/or designee(s).
14 D. CONTRACTOR may not store COUNTY's private, confidential or sensitive
15 data on any hard-disk drive, portable storage device, or remote storage installation unless encrypted.
16 E. CONTRACTOR shall be responsible to employ strict controls to ensure the
17 integrity and security of COUNTY's confidential information and to prevent unauthorized access,
18 viewing, use or disclosure of data maintained in computer files, program documentation, data
19 processing systems, data files and data processing equipment which stores or processes COUNTY data
20 internally and externally.
21 F. Confidential client information transmitted to one party by the other by means of
22 electronic transmissions must be encrypted according to Advanced Encryption Standards (AES) of 128
23 BIT or higher. Additionally, a password or pass phrase must be utilized.
24 G. CONTRACTOR is responsible to immediately notify COUNTY of any
25 violations, breaches or potential breaches of security related to COUNTY's confidential information,
26 data maintained in computer files, program documentation, data processing systems, data files and data
27 processing equipment which stores or processes COUNTY data internally or externally.
28
-17 -COUNTY OF FRESNO
Fresno. CA
1 H. COUNTY shall provide oversight to CONTRACTOR's response to all incidents
2 arising from a possible breach of security related to COUNTY's confidential client information
3 provided to CONTRACTOR. CONTRACTOR will be responsible to issue any notification to affected
4 individuals as required by law or as deemed necessary by COUNTY in its sole discretion.
5 CONTRACTOR will be responsible for all costs incurred as a result of providing the required
6 notification.
7 15. CONFLICT OF INTEREST
8 No officer, agent, or employee of COUNTY who exercises any function or
9 responsibility for planning and carrying out the services provided under this Agreement shall have any
10 direct or indirect personal financial interest in this Agreement. CONTRACTOR(S) shall comply with
11 all Federal, State of California, and local conflict of interest laws, statutes, and regulations, which shall
12 be applicable to all parties and beneficiaries under this Agreement and any officer, agent, or employee
13 ofCOUNTY.
14 16. REFERENCE TO LAWS AND RULES
15 CONTRACTOR(S) facilities shall maintain in full force and effect and comply with any
16 and all licensing, local zoning, and State fire and safety ordinances and regulations.
17 17. NON-DISCRIMINATION
18 During the performance of this Agreement CONTRACTOR shall not unlawfully
19 discriminate against any employee or applicant for employment, or recipient of services, because of
20 race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, age
21 or gender, pursuant to all applicable State and Federal statutes and regulations.
22 18. LICENSES
23 CONTRACTOR(S) shall throughout the term of this Agreement, maintain all necessary
24 licenses, permits approvals, certificates, waivers and exceptions necessary for the provision of the
25 services hereunder and required by the laws and regulations of the United States, State of California,
26 County of Fresno, and any other applicable governmental agencies. In addition, CONTRACTOR(S)
27 shall throughout each term ofthis Agreement ensure that all of its personnel performing services under
28 this Agreement are licensed and/or certified and shall maintain such licensure and/or certification
-18 -COUNTY OF FRESNO
Fresno. CA
1 throughout each term of this Agreement where required, to lawfully perform their duties.
2 CONTRACTOR(S) shall notify COUNTY immediately in writing of its inability to
3 obtain or maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions
4 irrespective of the pendency of any appeal related thereto. Additionally, CONTRACTOR(S) shall
5 comply with all other applicable laws, rules or regulations, as any may now exist or be hereafter
6 changed. CONTRACTOR(S) shall maintain copies of all licenses, certifications, etc., noted above and
7 shall allow COUNTY's DBH to review these documents upon request.
8 19. ADDITIONS/DELETIONS OF CONTRACTORS
9 COUNTY's DBH Director, or designee, reserves the right at any time during the term of
10 this Agreement to add new CONTRACTOR(S) to those contained in Exhibit A. It is understood any
11 such additions will not affect compensation paid to the other CONTRACTOR(S), and therefore such
12 additions may be made by COUNTY without notice to or approval of other CONTRACTOR(S) under
13 this Agreement. These same provisions shall apply to the deletion of any CONTRACTOR(S)
14 contained in Exhibit A, except that deletions shall be by written mutual agreement between the
15 COUNTY and the particular CONTRACTOR(S) to be deleted, or shall be in accordance with the
16 provisions of Section Three (3) of this Agreement.
17 20. COMPLAINTS
18 CONTRACTOR(S) shall log all complaints and the disposition of all complaints from a
19 client or a client's family. CONTRACTOR(S) shall provide a summary ofthe complaint log entries
20 concerning COUNTY-sponsored clients to COUNTY at monthly intervals, by the tenth (101h) day of
21 the following month, in a format that is mutually agreed upon. Said monthly summaries shall be
22 submitted to the DBH's Placement Coordinator. CONTRACTOR(S) shall post signs informing clients
23 of their right to file a complaint or grievance. CONTRACTOR(S) shall also notify COUNTY of all
24 incidents reportable to state licensing bodies that affect COUNTY clients within twenty-four (24) hours
25 of receipt of a complaint.
26 Within fifteen (15) days after each incident or complaint affecting COUNTY-sponsored
27 clients, CONTRACTOR shall provide COUNTY with the complaint and CONTRACTOR(S)'s
28 disposition of, or corrective action taken to resolve the complaint.
-19 -COUNTY OF FRESNO
Fresno. CA
1 Within fifteen (15) days after CONTRACTOR(S) submits a corrective action plan to a
2 California State licensing and/or accrediting body concerning any sentinel event, as that term is defined
3 by the licensing or accrediting agency, and within fifteen (15) days after CONTRACTOR(S) receives a
4 corrective action order from a California State licensing and /or accrediting body to address a sentinel
5 · event, CONTRACTOR(S) shall provide a summary of such plans and orders to COUNTY.
6 21. COMPLIANCE WITH STATE MEDI-CAL REQUIREMENTS
7 CONTRACTOR(S) shall be required to maintain organizational provider certification
8 by host-county. A copy ofthis bi-annual renewal certificate must be furnished to COUNTY within
9 thirty (30) days of receipt of certificate from host-county. CONTRACTOR(S) must meet Medi-Cal
10 organization provider standards as listed on Exhibit C, Medi-Cal Organizational Provider Standards,
11 attached hereto and incorporated herein.
12 22. COMPLIANCE WITH STATE REQUIREMENTS
13 CONTRACTOR(S) recognize that COUNTY operates its Department of Behavioral
14 Health under an agreement with the State of California Department of Mental Health, and that under
15 said agreement the State imposes certain requirements on COUNTY and its subcontractors.
16 CONTRACTOR(S) shall adhere to all State requirements, including those identified in Exhibit D,
17 attached hereto and by this reference incorporated herein.
23. APPLICABLE RECORDS 18
19 A. Medical Records -CONTRACTOR shall maintain adequate medical records
20 on each individual client which shall include diagnostic studies, individual treatment plan, and records
21 of services provided by the various professional personnel in sufficient detail to make possible an
22 evaluation of services, and contain all the data necessary in reporting to the State, including records of
23 client interviews and progress notes. All such records shall be maintained pursuant to applicable laws
2 4 concerning confidentiality and, in the case of Mental Health records, California Welfare and
25 Institutions Code, section 5328, et al, and Title 45, Code of Federal Regulations, section 205.50. All
26 medical records shall be considered the property of COUNTY and shall be retained by the COUNTY at
27 the termination or expiration of this Agreement. The CONTRACTOR may retain copies of these
28 records at the time of termination or expiration if they so choose.
-20 -COUNTY OF FRESNO
Fresno. CA
1 B. Case Management: CONTRACTOR shall maintain adequate case management
2 records on each individual client which shall include client assessment, individual program plan, and
3 records of services provided by the various professional and para-professional personnel in sufficient
4 detail to make possible an evaluation of services, and contain all the data necessary in reporting to the
5 State, including records of client interviews and progress notes. All such records shall be maintained
6 pursuant to applicable laws concerning confidentiality and, in the case of Mental Health records,
7 California Welfare and Institutions Code, section 5328, et al, and Title 45, Code of Federal
8 Regulations, section 205.50. All case management records shall be considered the property of
9 COUNTY and shall be retained by the COUNTY at the termination or expiration of this Agreement.
10 The CONTRACTOR may retain copies of these records at the time of termination if they so choose.
11 c. Financial Records-Statistical data shall be kept and reports made as required by
12 the DBH Director or designee and the State. All such records shall be available for inspection by the
13 designated auditors of COUNTY or State at reasonable times during normal business hours. Upon
14 expiration or termination of this Agreement, CONTRACTOR shall prepare and submit to COUNTY a
15 final cost report relative to services provided under this Agreement.
16 24. REPORTING
17 CONTRACTOR shall provide at COUNTY's request, any required reports to COUNTY
18 which may include performance outcome measurement reports as communicated by the County to
19 CONTRACTOR
20 25. MONITORING
21 CONTRACTOR(S) agree to extend to COUNTY's DBH and the State Department of
22 Mental Health, or their designees, the right to review and monitor records, programs or procedures, at
23 any time, in regard to clients, as well as the overall operation of CONTRACTOR(S)' programs in order
24 to ensure compliance with the terms and conditions of this Agreement.
25 26. AUDITS AND INSPECTIONS
26 CONTRACTOR(S) shall at any time during business hours, and as often as COUNTY
27 may deem necessary, make available to COUNTY for examination all of their records and data with
28 respect to the matters covered by this Agreement. CONTRACTOR(S) shall, upon request by
-21 -COUNTY OF FRESNO
Fresno. CA
1 COUNTY, permit COUNTY to audit and inspect all such records and data necessary to ensure
2 CONTRACTOR(S') compliance with the terms ofthis Agreement.
3 Ifthis Agreement exceeds Ten Thousand and No/100 Dollars ($10,000.00),
4 CONTRACTOR(S) shall be subject to the examination and audit of the State Auditor General for a
5 period ofthree (3) years after final payment under contract (California Government Code section
6 8546.7).
7 27. PROHIBITION ON PUBLICITY
8 None of the funds, materials, property or services provided directly or indirectly under
9 this Agreement shall be used for CONTRACTOR(S)'advertising, fundraising, or publicity (i.e.,
10 purchasing of tickets/tables, silent auction donations, etc.) for the purpose of self-promotion.
11 Notwithstanding the above, publicity of the services described in Section One (1) ofthis Agreement
12 shall be allowed as necessary to raise public awareness about the availability of such specific services
13 when approved in advance by COUNTY's DBH Director, or designee and at a cost to be provided in
14 writing for such items as written/printed materials, the use of media (i.e., radio, television, newspapers)
15 and any other related expense(s).
16 28. NOTICES
17 The persons having authority to give and receive notices under this Agreement and their
18 addresses include the following:
19
20
21
22
COUNTY
Director, Fresno County
Department of Behavioral Health
4441 E. Kings Canyon Road
Fresno, CA 93 702
CONTRACTOR(S)
SEE EXHIBIT A
23 Any and all notices between COUNTY and CONTRACTOR(S) provided for or
24 permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
25 personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
26 United States Mail, postage prepaid, addressed to such party.
27
28
29. GOVERNING LAW
-22 -COUNTY OF FRESNO
Fresno. CA
1 The parties agree that for the purposes of venue, performance under this Agreement is to
2 be in Fresno County, California.
3 The rights and obligations of the parties and all interpretation and performance of this
4 Agreement shall be governed in all respects by the laws of the State of California.
5 30. ENTIRE AGREEMENT
6 This Agreement and all exhibits attached hereto, constitutes the entire Agreement
7 between CONTRACTOR(S) and COUNTY with respect to the subject matter hereof and supersedes all
8 previous agreement negotiations, proposals, commitments, writings, advertisements, publications, and
9 understandings of any nature whatsoever unless expressly included in this Agreement.
10 Ill
11 Ill
12 Ill
13 Ill
14 Ill
15 Ill
16 Ill
17 Ill
18 Ill
19 Ill
20 Ill
21 Ill
22 Ill
23 Ill
24 Ill
25 Ill
26 Ill
27 Ill
28 Ill
-23 -COUNTY OF FRESNO
Fresno. CA
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
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
ATTEST:
SEE ATTACHED SIGNATURE PAGES
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By:
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
-24 -COUNTY OF FRESNO
Fresno. CA
1 APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
2
~ By: ~li'-----V---~+-~----
5
6 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
7 TREASURER-TAX COLLECTOR
8
9
By ~ ( C.cP>/!f 10 . (}'
11 REVIEWED AND RECOMMENDED FOR
12 APPROVAL:
13
14 By:_Af~£2~
15 Dawan Utech7,DireCt{)f
Department of Behavioral Health
16
17
18
19
20
21
22
23
24
25
26
27
28
Fund/Subclass:
Organization:
Account/Program:
Fiscal Year (FY)
FY 2015-16
FY 2016-17
FY 2017-18
FY 2018-19
FY 2019-20
0001110000
56302175
7294/0
Max Total
$1,250,000.00
$1,250,000.00
$1,250,000.00
$1,250,000.00
$1,250,000.00
-25 -COUNTY OF FRESNO
Fresno. CA
MASTER AGREEMENT
TRANSITIONAL SERVICES RESIDENTIAL PROGRAM
LIST OF CONTRACTED FACILITES
Anne Sippi Clinic Treatment Group
Attn: Nick Damian
18200 Hwy 178
Bakersfield, CA 93306
Facilities:
FY 2015-16
~ 1"1'7.80 I(
Exhibit A -1
Page 1 of 3
1. Anne Sippi Clinic, Los Angeles
2457 Endicott St.
$_ per night per person
Los Angeles, CA 90032
Phone (323) 227-5252
2. Anne Sippi Clinic, Kern County
18200 Highway 178
Bakersfield, CA 93306
Phone (661) 871-9697
0359 dbh a (revised FY 2012-13)
...$a3S• 1 1(1 .Q.
$_per night per person
REVIEWED AND RECOMMENDED FOR APPROVAL:
By: '-£ , ez:d} ~ ,~
t>Vian~
Department of Behavioral Health
FY 2015-16 (4/30/15)
Exhibit A-1
Page2 of3
CONTRACTOR:
ANNE SIPPI CLINIC TREATMENT GROUP
By: p ~ ',
Print Nam~~;:\(-~4. ~'~"-
" Title: C.~.::._ r 0 {!£ .r.._ .J,.;flvt 3 ~ f. t:"'-..,.,
Chairman of the Bo rd, or
President, or any Vice-President or
Director of Operations
By:
__::_:__~-!:1..=-=-..:'----'B=o=-s==-....;£,'--.. -•~;r--P J.. tl
Title: ~ v· .. c....f.o v ---=~-=~~~----~--------Secretary (of Corporation), or any
Assistant Secretary, or
Chief Financial Officer, or any
Assistant Treasurer/Facility
Administrator
Mailing Address:
Phone:
Email:
Contact:
Fund:
Anne Sippi Clinic Treatment Group
18200 Hwy 178
Bakersfield, CA 93306
(661) 871-9697
Nick_damian@yahoo.com
Nick Damian, COO
Organization:
0001/10000
56302175
7294/0 Account/Program:
FY 2015-16 {4/30/15)
Exhibit A.w I
Page 3 of 3
MASTER AGREEMENT
TRANSITIONAL SERVICES RESIDENTIAL PROGRAM
LIST OF CONTRACTED FACILITES
FY 2015-16
Crestwood Behavioral Health, Inc.
Attn: George C. Lytal, President & CEO
520 Capitol Mall, Suite 800
Sacramento, CA 95814
Facilities:
Exhibit A ~2.
Page 1 of 3
1. Crestwood Bakersfield Bridge Program
6600 Eucalyptus Drive
$168 per night per person
Bakersfield, CA 93306
(661) 363-0124
2. Crestwood Fresno Bridge Program
153 N. "U" Street
Fresno, CA 93701
(559) 445-9094
0359 dbh a (revised FY 2012-13)
$168 per night per person
REVIEWED AND RECOMMENDED FOR APPROVAL:
By: -hA~l/]~ D~an Ut~;i7"
Department of Behavioral Health
FY 2015-16 (4/30/15)
ExhibitA-2
Page 2 of 3
CONTRACTOR:
CRESTWOOD BEHAVORIAL HEALTH, INC.
Title: President & CEO
By:
Chairman of the Board, or
President, or any Vice-President or
Director of Operations
Print Name:
Title: Controller
Secretary (of Corporation), or any
Assistant Secretary, or
Chief Financial Officer, or any
Assistant Treasurer/Facility
Administrator
Mailing Address:
Phone:
Email:
Contact:
Fund:
Crestwood Behavioral Health, Inc.
520 Capitol Mall, Suite 800
Sacramento, CA 95814
(916) 471-2240
gzeyen@cbhi.net
Gary Zeyen
Organization:
0001/10000
56302175
7294/0 Account/Program:
FY 2015-16 (4/30/15)
Exhibit A -J-..
Page 3 of 3
TRANSITIONAL SOCIAL REHABILITATION PROGRAM
SERVICES AND REQUIREMENTS
SCOPE OF WORK
Exhibit 8
Page 1 of 12
I. PROGRAM STANDARDS AND REQUIREMENTS
(A) To be certified as a Transitional Social Rehabilitation Program, a program
shall provide:
(1) Services that provide a therapeutic environment in which clients are
supported in their efforts to acquire and apply interpersonal and
independent living skills.
The program shall also assist the client in developing a personal community
support system to substitute for the program's supportive environment, to
minimize the risk of hospitalization, and enhance the capability for
independent living upon discharge from the program.
The planned length of stay in the program shall be in accordance with the
client's assessed need, with the goal of transitioning the client to a lower
level of care within one (1) year; however, a length of stay not exceeding a
maximum total of 18 months is permitted to ensure successful completion
or the treatment plan and appropriate referral.
The reasons for a length of stay beyond one (1) year shall be documented
in the client's case record.
(2) A minimum staffing ratio of at least one (1) full-time equivalent direct care
staff for each 2.5 clients served.
Greater number of staff shall be present during times when there are
greater numbers or clients in programmed activities.
Staff schedules shall be determined by the program based on the number
of clients in the program during specific hours of the day, level of care
provided by the program, and the range of services provided within the
facility.
All scheduled hours in the facility shall be considered part of this required
full-time equivalent staffing ratio.
II. SERVICE REQUIREMENTS
(A) Structured day and evening services shall be available seven (7) days a
week. Services in all programs shall include but not be limited to:
(1) Individual and group counseling;
(2) Crisis intervention;
(3) Planned activities;
Revised 6/16/15
Exhibit 8
Page 2 of 12
(4) Counseling with available members of the client's family, when indicated in
the client's treatment/rehabilitation plan;
(5) The development of community support systems for clients to maximize
their utilization of non-mental health community resources, including
educational opportunities;
(6) Pre-vocational or vocational counseling;
(7) Client advocacy, including assisting clients to develop their own advocacy
skills;
(8) An activity program that encourages socialization, program and community
involvement, which links the client to resources that are available after
leaving the program; and
(9) Use of the residential environment to assist clients in the acquisition,
testing, and lor refinement of community living and interpersonal skills.
(B) In addition to the services in Section (II A), Transitional Social Rehabilitation
Programs shall provide services that emphasize the development of
vocational skills and linkages to services offering employment or job
placement.
Ill. MEDICAL REQUIREMENTS
Medical and psychiatric policies and practices of all programs shall be in writing and
shall include, but not be limited to:
(A) A plan for the monitoring of medications by a person licensed to prescribe or
dispense prescription drugs;
{B) Screening for medical complications which may contribute to disability conducted
by a physician, nurse practitioner or physician assistant and a plan for follow-up.
1. The screening for medical complications shall occur within 30 calendar
days prior to or after admission.
2. If a client refuses a screening for medical complications, the program shall
document the refusal in the client case record.
(C) Client education, provided by licensed program staff or licensed consultants,
about the role of medications and their potential side effects, with the goal of
client becoming responsible for his or her own medication;
(D) Entries in client case records indicating all prescribed and non-prescribed
medications;
(E) Provisions for program staff to discuss medication issues with a person licensed
to prescribe or dispense prescription drugs;
(F) Provisions for secure central storage of medication, including medication
requiring appropriate refrigeration when necessary; and,
Revised 6/16/15
Exhibit 8
Page 3 of 12
(G) Encouragement to clients, when part of the treatment/rehabilitation plan, to be
personally responsible for holding, managing and safeguarding all of their
medications.
IV. TREATMENT/REHABILITATION PLAN AND DOCUMENT REQUIREMENTS
(A) Each program shall have an admission agreement, signed on entry by the client
or an authorized representative, describing the services to be provided and the
expectations and rights of the client regarding house rules, client involvement in
the program, and fees.
The client shall receive a copy of the signed admission agreement.
(8) There shall be a written assessment of each client on admission that includes at
least:
(1) Health and psychiatric histories;
(2) Psychosocial skills;
(3) Social support skills;
(4) Current psychological, educational, vocational, and other functional
limitations;
(5) Medical needs, as reported; and,
(6) Meal planning, shopping and budgeting skills.
A copy of each executed assessment shall be provided to the DBH's Placement
Coordinator along with monthly invoicing.
(C) Program staff and client shall work together to develop a written treatment
rehabilitation plan specifying goals and objectives as well as identifying the staff
and client responsibilities for their achievement.
Clients shall be involved in an ongoing review of progress towards reaching
established goals and be involved in the planning and evaluation or their
treatment goals. The plan shall contain at least the following elements:
(1) Statement of specific rehabilitation plan at least every 30 days.
(2) Description of specific services to address identified treatment needs
(3) Documentation of reviews by staff and client of the treatment I
rehabilitation plan at lease every 30 days.
(4) Anticipated length of stay needed to accomplish identified goals, and
methods to evaluate the achievement of these goals.
(D) If an individual treatment/rehabilitation plan requires services to be provided by
another program or agency, there shall be documented evidence in the client's
case record of communication between all persons responsible for the
treatment/rehabilitation plan.
Revised 6/16/15
Exhibit B
Page 4 of 12
(E) The agency or program shall arrange for clients to attend community programs
when needs are identified in the treatment/rehabilitation plan that cannot be met
by the facility, but can be met in the community.
(F) There shall be a written discharge summary prepared by staff and client, which
includes an outline of services provided, goals accomplished, reason and plan
for discharge, and referral follow-up plans. A copy of each discharge summary
shall be provided to the DBH's Placement Coordinator along with monthly
invoicing.
(G) The admission assessment, treatment/rehabilitation plan, and discharge
summary shall be prepared by staff who has received training in the
development and preparation of these documents.
(H)
{I)
(J)
1. Training required to be provided by the facility shall include:
(a) A minimum of one hour of instruction on the development
and preparation of the admission assessment.
(b) A minimum of one hour of instruction on the development
and preparation of the treatment/rehabilitation plan.
(c) A minimum of one hour of instruction on the development
and preparation of the discharge summary.
(d) Subject matter for all training provided for in this subsection
shall include the expected content of documentation,
methods used to prepare the document, timeframes for
completion of documentation, and consultative sources to be
utilized in preparing the document.
2. Training provided for in this subsection shall consist of one or
more of the following presentation methods:
(a) Formal classroom instruction;
(b) Oral presentation;
(c) Videotape, film or audiovisual presentation;
(d) Audio-tape presentation; or
{e) Performing the duties, on the job, under the direct
supervision of the instructor.
Admission and discharge criteria of all programs shall be written and shall be
consistent with program goals.
The program shall have written policies and procedures for orienting new clients
to the facility programs.
The range of services provided shall be discussed prior to admission with the
prospective client or an authorized representative so that the program's services
are clearly understood.
Re'-1\~~ 6/16/15
Exhibit B
Page 5 of 12
V. CLIENT INVOLVEMENT REQUIREMENTS
(A) Each client shall be involved in the development and implementation of his/her
treatment/rehabilitation plan.
(B) Clients shall be involved, depending on capability, in the operation of the
household. This shall include participation in the formulation and monitoring of
house rules, as well as in the daily operation of the facility, including but not
limited to cooking, cleaning, menu planning and activity planning.
(C) Clients shall be encouraged to participate in program evaluations and reviews.
VI. PHYSICAL ENVIRONMENT REQUIREMENTS
(A) The program shall meet the facility requirements of Section 5453 (a) of the
Welfare and Institutions (W&I) Code.
(B) Program location shall allow for access by clients to community resources
and public transportation.
VII. STAFF CHARACTERISTICS, QUALIFICATIONS AND DUTY REQUIREMENTS
(A) The program shall meet the staffing requirements of Section 5453 (b) of the
Welfare and Institutions Code.
(B) The program shall document the use of multidisciplinary professional
consultation and staff when necessary to meet the specific diagnostic and
treatment needs of the clients.
(C) Paraprofessionals and persons who have been clients of mental health services
shall be utilized as volunteers in the program when consistent with the program
design and services provided.
(D) All social rehabilitation facilities shall have a program director.
The program director shall be on the premises the number hours necessary to
manage and administer the program component or the facility in compliance with
applicable laws and regulations.
(E) The program director of a certified Transitional Residential Treatment Program
or a Certified Long Term Residential Treatment Program shall have the following
qualifications prior to employment:
Revised 6/16/15
(1) A Bachelor's Degree in Psychology, Social Work or any other major which
includes at least 24 semester units in one or more of the following
subjects areas:
(a) Psychology
(b) Social Work
(c) Sociology
(d) Behavioral Sciences
(e) Psychiatric Nursing; and
Exhibit 8
Page 6 of 12
(2) One (I) year of full-time work experience in community program that
serves clients who have a mental illness.
Such experience must be in the direct provision of services to clients, of
which four (4) months must be in a position of supervising direct care
staff.
(3) As an alternative to the Bachelor's Degree and experience required in
paragraphs (I) and (2) of this subsection, a total of three years of
experience in providing direct services in the community to persons with
mental illness, of which six (6) months must be in a position of supervising
direct care staff, and graduation from high school or possession of a GED
may be substituted.
(F) All direct care staff shall have graduated from high school or possess a GED and
have a minimum or one (I) year or full-time experience, or its part-time
equivalent, working in a program serving people with mental disabilities,
Such experience must be in the direct provision of services to clients.
If the employee does not have the required experience, the program shall
document a specific plan of supervision and in-service training for the employee
to perform the job.
The plan should include but not be limited to the frequency and number of hours
of training, the subjects to be covered, and a description of the supervision to be
provided.
(G) The program director must provide and document a specific plan of supervision
and at least 20 hours of in-service training per year for the employee to ensure
the ongoing qualifications of the individual to perform the job.
VIII. ADMINISTRATIVE POLICIES AND PROCEDURES
(A) The organizational entity legally responsible for program administration, under
applicable law and regulation, shall:
(1) Have written policies defining the purpose, goals, and services of the
organization.
(2) Establish and maintain financial records in accordance with generally
accepted accounting principles and an annual budget.
(B) Each program shall be directed by a designated individual who is responsible
for its overall administration and management.
(C) Each residential program shall have an individual(s) designated as the
administrator of the facility.
Revised 6/16/15
The program shall identify the qualifications, experience, skills and knowledge
required of an individual who is designated the facility administrator.
These requirements shall at least satisfy the minimum requirements established
by the Community Care Licensing Division of the Department of Social Services
for this position.
Exhibit 8
Page 7 of 12
(D) The agency or program shall have a financial plan of operation that is consistent
with the goals and purpose of the organization and in accordance with generally
accepted accounting practices and legal requirements.
IX. OTHER REQUIREMENTS
The following will be required of residential facilities applying for certification as a
Transitional Social Rehabilitation Facility. This will be in addition to the requirements as
indicated above.
A. STAFFING REQUIREMENTS
(1) Facilities must have psychiatric professional licensed staff either through
direct employment or contracted by the facility.
(2) Facilities must have nursing staff.
(3). Facilities must inform Department of Behavioral Health within 24 hours of any
staff changes that may affect this contract.
(4). Facility will have adequate number of staff to monitor clients during the
sleeping hours.
(5). The content of group or individual sessions shall be within the scope of
practice of the individual providing that service.
(6). Staff assigned to assist in physically restraining clients must receive prior
training from appropriate agencies.
(7). Physical restraints placed on clients must be under direct supervision of
a licensed mental health professional.
(8). Transitional facilities shall limit the admission of clients to adults only
(ages 18-59).
B. ADMINISTRATIVE REQUIREMENTS
( 1) If the legal owner/administrator of the facility is a Corporation, notes from
meetings may be requested by Department of Behavioral Health and these
records shall be made available to the Department of Behavioral Health to the
extent possible.
(2) Facilities shall have capabilities to transmit documents to and from Department
of Behavioral Health.
(3) Confidentiality of client's records shall be maintained at all times whether in
written or verbal form in compliance with HIPPA and other federal, State or
local regulations or statutes.
C. ADMINISTRATIVE COMPLIANCE
(1) Administrator of Transitional Facilities shall inform the designated case
managers 30 days prior to the expiration of the Needs and Appraisal. The
monthly invoicing that CONTRACTORS submit to COUNTY shall include a
due date for each client's Needs and Appraisal.
Revised 6/16/15
Exhibit B
Page 8 of 12
(2) The Facility Treatment Plan shall be developed and implemented within five
(5) days after the Needs and Appraisal is updated.
(3) The monthly summaries for each client must include progress notes from
direct care staff, licensed clinicians and psychiatrists including medication
information.
(4) The facility shall develop and implement documentation demonstrating the
client's participation in activities provided by the facility.
(5) The facility shall maintain record of the training provided to clients including
attendance of off-site day programs.
(6) Training activities as outlined for clients shall be time limited and measurable.
(7) Training for clients shall be developed with the goal of stabilizing the client in
order to transition to a lower level. Any services and training provided by the
facility shall be approved by the DBH designated case manager.
(8) Documentation shall be consistent with the goals identified in the
Needs/Appraisal and Facility Treatment Plan.
(9) Monthly notes shall be made available to OBH staff for review in a reciprocal
manner between DBH and the contracted facility.
D. SPECIFIC SERVICES
(1) Training in hygiene and grooming may include hands-on assistance when
needed.
(2) In cases of incontinence, clients shall be physically assisted if needed.
(3) Training in budgeting shall include clients keeping and maintaining records of
transactions.
(4) Clients shall be afforded the opportunity to learn cooking skills under the
direction of appropriate staff.
(5) Clients shall be encouraged to learn independent living skills with personal
assistance when warranted.
(6) Facilities shall provide special diets as prescribed by the treating physician.
(7) Clients shall be trained to access support systems in the community.
(8) Facilities shall develop and implement plans for community re-integration.
(9) Facilities shall provide individual sessions to assist clients to develop
appropriate skills in social interactions using "Normal" settings.
(10) Efforts shall be made to normalize the client's living arrangements at all
times.
(11) Training shall be provided to clients to use transportation systems.
(12) Training in medication shall be provided to clients by licensed staff.
(13) Individual sessions shall be implemented to counsel clients to attain general
insight into their mental illness by licensed staff.
Revised 6/16/15
ADDITIONAL REQUIREMENTS
Exhibit B
Page 9 of 12
The Contractor for the Transitional Social Rehabilitation Program will provide services for
clients who have severe and persistent mental illness who have experienced a decrease in
social functioning to the extent that they are in a crisis or need a therapeutic community to
facilitate movement to more independent living. The objectives of the program are to
intervene in a crisis, support community integration, and serve as an alternative to
hospitalization. The goal is to rehabilitate the client in order to decrease the need for future
hospitalizations.
I. TRANSITIONAL PROGRAM
To be certified as a Transitional Social Rehabilitation Program, a facility shall provide: A
therapeutic residential community including a range of social rehabilitation activities for
individuals who are in remission from an acute stage of _illness, and interim support to
facilitate movement towards the highest possible level of functioning. Clients may
receive day, outpatient and other treatment services outside the transitional residence.
The planned length of stay shall be in accordance with the client's assessed needs, but
under no circumstances may the length of stay extend beyond 18 months.
Additional staff shall be on duty during program hours to provide specialized services
and structured evening services. When there is only one (1) staff on the premises,
there needs to be staff on call who can report for duty within 60 minutes after being
contacted if needed. The staffing ratio is one (1) full time staff to 2.5 clients. The
Transitional program is designed for clients who are discharged from or are being
admitted to State Mental Hospitals, IMDs or locked MHRCs.
II. ADMISSION CRITERIA
Transitional Social Rehabilitation Program is an intense, high expectation program
designed to assist a person to develop self-help skills that will enable them to function
independently in the community. The following is the admission criteria:
1. All clients must have received treatment or evaluation prior to admission and
have a current open mental health chart with the Fresno County, Department of
Behavioral Health.
2. All clients will have a primary diagnosis of mental disability. (The psychiatric
diagnosis must reflect a severe, persistent mental illness or a maladaptive
reaction to a mental health crisis. The primary diagnosis cannot be dementia,
mental retardation, or substance abuse/dependence).
3. Clients must be Fresno County residents.
4. Clients must be between the ages of 18 and 59.
5. Clients must be recovered from acute psychiatric symptoms, such as being
injurious to self or others, and/or destructive to property.
6. Clients must be in need of residential treatment services to assist them gain the
ability to function in a less restrictive living situation.
Revised 6/16/15
Exhibit B
Page 10 of 12
7. Clients who are waiting placement in a more structured, supportive, stable safe
group living environment in order to transition back into the community.
Ill. LICENSING AGENCIES
1. STATE DEPARTMENT OF SOCIAL SERVICES
2. STATE DEPARTMENT OF HEALTH CARE SERVICES
IV. LICENSING REGULATIONS
1. TITLE 22, California Code of Regulations
2. Health and Safety Code Section 1500-1519
3. Section 1500. This chapter shall be known and may be cited as the California
Community Care Facilities Act.
4. Welfare and Institutions Code
V. REPORTS
The selected vendor(s) will be required to submit periodic reports as required by the
State or the County.
VI. CULTURAL AND LINGUISTIC ACCESS TO SERVICES
Contractor will abide by regulations governed by Section 601 of Title VI of the Civil
Rights Act of 1964, 42 U.S.C.
Section 2000 et. seq. States: "No person in the United States shall on the grounds of
race, color or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance."
The Contractor will have interpreter services available to any person seeking
information or receiving services in the Contractor's facilities who is limited-English
proficient (LEP) or non-English speaking.
VII. METHODS
The client centered therapeutic services are closely supervised and highly structured
individual and group goal-directed techniques that focus on symptom reduction.
Interventions may include any number of the following: Anger management,
assertiveness training, improving communication skills, community linkage, community
meeting, conflict resolution, family counseling, 5150 evaluation, goal setting, grooming
and hygiene, group therapy, health and nutrition, individual counseling, leisure time
management, medication education, medical intervention, men's group, money
management, placement planning, problem solving, psychiatric services, psycho-
education, social skills training, stress management, developing support networks,
values clarification, and women's group.
Revised 6/16/15
Exhibit B
Page 11 of 12
VIII. GOALS
The clients seek a higher level of adaptive functioning, social integration, and an active
role in their treatment regimen while participating in the program. The goal is to reduce
the need for future psychiatric hospitalizations and to reintegrate back into the
community at the client's highest level of independence.
IX. MEDI-CAL
Clients are not required to have Medi-Cal or any other form of health insurance as a
prerequisite to receiving services at contracted facility. However, clients must have the
County Uniform Method of Determining Ability to Pay (UMDAP) eligibility verified prior to
admission.
X. OUTCOME MEASURES
A. Program Objectives:
1. To provide presentations and educational groups for residents addressing topics
related to socialization, budgeting, medication compliance, hygiene, finances and
basic living skills on a weekly basis.
2. Ensure that program management staff participates in education and training
activities to strive for the best practice model of services.
3. Assist with personal care and other times required to successfully live in the
community.
4. Assist with the development of a client's community living skills.
5. Provide transportation services to clients as needed to obtain services identified
in their services plan.
B. Performance Outcomes, Indicators and Targets:
1. Outcome: It is expected that clients will maintain housing without having to
be hospitalized or returned to an IMD facility within 90 days of enrollment.
Target: At least 80% of clients placed will not need to be hospitalized or returned
to an IMD facility within 90 days of enrollment.
2. Outcome: It is expected that client's inpatient psychiatric hospitalization rate and
IMD bed days will be reduced:
Indicator: Reduction in the aggregate number of inpatient psychiatric
hospitalization days and IMD bed days since enrollment compared with twelve
months prior to enrollment in the program.
Target: 70% reduction.
An annual report regarding the performance outcomes, indicators and targets shall
be provided to the DBH in accordance with paragraph 22 of this Agreement.
Revised 6/16/15
C. Requirements:
Exhibit B
Page 12 of 12
1. Maintain a record on each resident to include admission assessment, diagnosis
and personal services plan, monthly review, progress notes and discharge
summary
2. Report all incidents to County liaison representative immediately
3. Written incident reports will be done in cases when clients engage in illegal
activity, self-injury or property destruction or violence towards others. Said
incident reports shall be communicated to the DBH's Placement Coordinator in a
format that is mutually agreed upon. Incident reports shall be provided to the
DBH's Placement Coordinator monthly along with invoicing
4. Complete daily census records will be maintained and sent to the liaison
representative monthly.
5. Prepare such reports in accordance of this Agreement and other reports as may
be required to fulfill the terms of the Agreement. These may include but are not
limited to:
Revised 6116/15
(a) Quarterly reports of accomplishments of objectives
(b) Demographic profiles as requested
(c) Other reports as requested
Medi-Cal Organizational Provider Standards
EXHIBIT C
Page 1 of2
1. The organizational provider possesses the necessary license to operate, if applicable, and
any required certification.
2. The space owned, leased or operated by the provider and used for services or staff meets
local fire codes.
3. The physical plant of any site owned, leased, or operated by the provider and used for
services or staff is clean, sanitary and in good repair.
4. The organizational provider establishes and implements maintenance policies for any site
owned, leased, or operated by the provider and used for services or staff to ensure the
safety and well being of beneficiaries and staff.
5. The organizational provider has a current administrative manual which includes: personnel
policies and procedures, general operating procedures, service delivery policies, and
procedures for reporting unusual occurrences relating to health and safety issues.
6. The organizational provider maintains client records in a manner that meets applicable state
and federal standards.
7. The organization provider has staffing adequate to allow the County to claim federal
financial participation for the services the Provider delivers to beneficiaries, as described in
Division 1, Chapter 11, Subchapter 4 of Title 9, CCR, when applicable.
8. The organizational provider has written procedures for referring individuals to a psychiatrist
when necessary, or to a physician, if a psychiatrist is not available.
9. The organizational provider has as head of service a licensed mental health professional of
other appropriate individual as described in Title 9, CCR, Sections 622 through 630.
10. For organizational providers that provide or store medications, the provider stores and
dispenses medications in compliance with all pertinent state and federal standards. In
particular:
A. All drugs obtained by prescription are labeled in compliance with federal and state laws.
Prescription labels are altered only by persons legally authorized to do so.
B. Drugs intended for external use only or food stuffs are stored separately from drugs for
internal use.
C. All drugs are stored at proper temperatures, room temperature drugs at 59-86 degrees
F and refrigerated drugs at 36-46 degrees F.
D. Drugs are stored in a locked area with access limited to those medical personnel
authorized to prescribe, dispense or administer medication.
0359 dbh c
EXHIBIT C
Page 2 of2
E. Drugs are not retained after the expiration date. IM multi-dose vials are dated and
initialed when opened.
F. A drug log is maintained to ensure the provider disposes of expired, contaminated,
deteriorated and abandoned drugs in a manner consistent with state and federal laws.
G. Policies and procedures are in place for dispensing, administering and storing
medications.
11. For organizational providers that provide day treatment intensive or day rehabilitation,
the provider must have a written description of the day treatment intensive and/or day
treatment rehabilitation program that complies with State Department of Mental Health's
day treatment requirements. The COUNTY shall review the provider's written program
description for compliance with the State Department of Mental Health's day treatment
requirements.
12. The COUNTY may accept the host county's site certification and reserves the right to
conduct an on-site certification review at least every three years. The COUNTY may also
conduct additional certification reviews when:
0359 dbh c
• The provider makes major staffing changes.
• The provider makes organizational and/or corporate structure changes (example:
conversion from a non-profit status).
• The provider adds day treatment or medication support services when
medications shall be administered or dispensed from the provider site.
• There are significant changes in the physical plant of the provider site (some
physical plant changes could require a new fire clearance).
• There is change of ownership or location.
• There are complaints against the provider.
• There are unusual events, accidents, or injuries requiring medical treatment for
clients, staff or members of the community.
MENTAL HEALTH STATE REQUIREMENTS EXHIBIT
Exhibit D
Page 1 of 2
1. CONTROL REQUIREMENTS
The COUNTY and its subcontractors shall provide services in accordance with all
applicable Federal and State statutes and regulations.
2. PROFESSIONAL LICENSURE
All (professional level) persons employed by the COUNTY Mental Health
Program (directly or through contract) providing Short-Doyle/Medi-Cal services
have met applicable professional licensure requirements pursuant to Business
and Professions and Welfare and Institutions Codes.
3. CONFIDENTIALITY
CONTRACTOR shall conform to and COUNTY shall monitor compliance with all
State of California and Federal statutes and regulations regarding confidentiality,
including but not limited to confidentiality of information requirements at 42, Code
of Federal Regulations sections 2.1 et seq; California Welfare and Institutions
Code, sections 14100.2, 11977, 11812, 5328; Division 10.5 and 10.6 ofthe
California Health and Safety Code; Title 22, California Code of Regulations,
section 51 009; and Division 1, Part 2.6, Chapters 1-7 of the California Civil Code.
4. NON-DISCRIMINATION
A. Eligibility for Services
CONTRACTOR shall prepare and make available to COUNTY and to the
public all eligibility requirements to participate in the program plan set
forth Paragraph One (1) of the Agreement No person shall, because of
ethnic group identification, age, gender, color, disability, medical
condition, national origin, race, ancestry, marital status, religion, religious
creed, political belief or sexual preference be excluded from participation,
be denied benefits of, or be subject to discrimination under any program
or activity receiving Federal or State of California assistance.
B. Employment Opportunity
0358 e dbh
CONTRACTOR shall comply with COUNTY policy, and the Equal
Employment Opportunity Commission guidelines, which forbids
discrimination against any person on the grounds of race, color, national
origin, sex, religion, age, disability status, or sexual preference in
employment practices. Such practices include retirement, recruitment
advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates
of pay or other forms of compensation, use of facilities, and other terms
and conditions of employment.
Exhibit D
Page 2 of 2
C. Suspension of Compensation
If an allegation of discrimination occurs, COUNTY may withhold all further
funds, until CONTRACTOR can show clear and convincing evidence to
the satisfaction of COUNTY that funds provided under this Agreement
were not used in connection with the alleged discrimination.
D. Nepotism
Except by consent of COUNTY's Department of Behavioral Health
Director, or designee, no person shall be employed by CONTRACTOR
who is related by blood or marriage to, or who is a member of the Board
of Directors or an officer of CONTRACTOR.
5. PATIENTS' RIGHTS
CONTRACTOR shall comply with applicable laws and regulations, including but
not limited to, laws, regulations, and State policies relating to patients' rights
0358 e dbh