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Resolutions - 2010.12.09 - 10047
MISCELLANEOUS RESOLUTION#10317 December 9, 2a:0 BY: General Obvernment Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2010/2011 SUBSTANCE USE DISORDER GRANT ACCEPTANCE To the Oakland County 3oard of Commissioners Chairperson, Ladies anc. Gentlemen: WHEREAS tnu Zichigan Department of Community Heaith (MDCH) has awarded the fiealth Division Substance Use =iserder Grunt Funds for the period of October i, 2010 through September 30, 2C11; and WHEREAS the 23C3/2010 Substance Use Disorder Grant award included a total funding amount of .4,583,913 in grant revenue ahd expenditures for this program; and WHEREAS the 2C13/2D1 Substance Use Disorder Grant award reflects grant funding in the amount of $4,135,676, a decrease of $44'6,237 from the previous year; and WHEREAS these funds are used to subcontract with agencies to prevent and reduce the incidence of drug and aicohol abuse and dependency; and WHEREAS these contracts were awarded througt the County's competitive bidding process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has boon submitted througn the Count's Executive's Contract Review Process. NOW THEREFORP BE IT RESOLVED mat the Oakland County Board of CommAssioners accepts the 201D/27J1: Substance Use Disorder Grant from the Michgan Department of Community Health in the amount of $4,12=,676. RE iT FURTHLa RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE TE FURTHER RESOLVED that the future level of service, including $personnel, be contingent upon the level of funding for this progrom. Chairperson, cn behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNXENT COMY:TTEE crt GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Capello and Hatchett absent. GRANT REVIEW SIGN OFF — Health Division GRANT NAME: FY 2011 MDCH — Substance Use Disorder Grant Agreement FUNDING AGENCY: Michigan Department of Community Health DEPARTMENT CONTACT PERSON: Tom Fockler / 2-2151 STATUS: Grant Acceptance DATE: November 16, 2010 Pursuant to Misc. Resolution 1101320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMXNT REVIEW Department of Management and Budget Approved. Laurie Van Pelt (10112/2010) Department of Human Resouttos: Approved. — Cathy Medial (10113/2010) Risk Management and Safety: Approved by Risk Management Will defer to corporation counsel regarding Part U, Item XL Liability per FY10/11 Agreement Addendum A.— Andrea Plolkowski (10/18/2010) Corporation Counsel: have finally heard back from the State regarding my proposed changes to the county's Addendum A. The updated addendum A should be added by the state Monday or Tuesday for Substance Use Disorder Grant Based on That update I approve the grant — Bradley G. Bonn (1115/2010) COMPLIANCE The grant agreement and attachments reference an extensive number of federal and state regulations. Please refer to the agreement for specifically cited compliance requirements for this grant DEPARTMENT OF HEALTH AND HUMAN SERVICES/ HEALTH DIVISION FY 2010/2011 SUBSTANCE USE DISORDER GRANT ACCEPTANCE • The Substance Use Disorder Grant is funded by the Michigan Department of Community Health (MDCH) to the Office of Substance Abuse in the Health Division. The purpose of the grant is to reduce the incidence of drug and alcohol abuse and dependency, and/or to provide comprehensive treatment services to the substance abusing population. The Office of Substance Abuse is designated as the Coordinating Agency for Oakland County and also includes the PACE Unit, which is an Access Assessment and Referral Service. • This grant acceptance from MDCH provides for substance abuse treatment services for Oakland County residents who are low income, uninsured, non-Medicaid recipients. • PACE provides a central point of entry; determines financial eligibility; provides screenings. referrals and care coordination services. The Coordinating Agency assures a continuum of substance abuse prevention and treatment services, based on local needs, and federal and state requirements. The continuum of treatment services made available to uninsured clients in Oakland County include detoxification, short-term residential, long-term residential, intensive outpatient and outpatient services. • Prevention services are targeted to high-risk populations such as school dropouts, pregnant women and teens, economically disadvantaged children of substance abusers, and community coalitions. Other services include general prevention, regional HIV education, and HIV early intervention. • The Coordinating Agency subcontracts through a competitive bid process with substance abuse prevention and treatment providers to provide the above services. They serve as expert resources on substance abuse within the Health Division and in collaboration with other units of county government. The grant acceptance is for S4,135.676 and covers the period of October 1, 2010 through September 30,2011. 1111712010 Contract #: Grant Agreement Between Michigan Department of Community Health herinafter referred to as the "Department" and County of Oakland 250 Elizabeth Lake Road, Pontiac Ml 48341 1050 Federal 1.D.#: 38-6004876 hereinafter referred to as the "Contractor" for Substance Use Disorder Services Part I 1. Period of Agreement: This agreement shall commence on October 1, 2010 and continue through September 30, 2011. This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Arnix_int This total amount of this Agreement is $4,135,676.00. The Department under terms of this Agreement will provide funding not to exceed $4,135,676.00. The federal funding provided by the Federal Catalog of CFDA # ederal Federal Grant Amount Program Federal lAgency Grant Phase Title Domestic lt4ame Award Assistance Number ICFDA1 Title — FETAL Federal 93.000 Substance 28307300 10 0.00 ALCOHOL Contract Abuse and (10) DISORDRS Award Mental Health 7 REV Services Adm SUB ABUSE Block Grant 93.959 Department 93 BI MI 11 3.245.389.98 PREV, & TX for Prevention ef Health and SAPT (11) BLOCK & Treatment Human GRANT of Substance Services Abuse Total for 3,245,389.98 Feoeral Funding The grant agreement is designated as a: X subrecipient relationship or vendor relationship The grant agreement is designated as . Research and Development Project; or Ccurlly of OiWand, Substance Use Disorder Services Pte: 1 of 22 1117/2010 X Not a Reseamh and Developrne^,t Project. B. Equipment Purchases and Title Part 1, Section 2, Paragraph B, is not applicable to this Agreement. Any contractor equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment rneEins tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5.000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance Part 1, Section 2, Paragraph C, is not applicable to this Agreement. A deviation allowance modifying an established budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose The focus of the program is to provide for the administration and coordination of substance use disorder (SUD) services within the designated coordinating agency region, consisting of Oakland County County(ies), 4. Statement of Work The Contractor agrees to undertake, perform and complete the services described in Attachment A, whicl- is part of this agreement through reference. 5. Financial Requirements The financial requirements shall be followed as described in Part II of this agreement and Attachments B and D which are part of this agreement through reference. The Contractor's fiscal year allocation letter is incorporated by reference into this agreement. 6. Performance/Progress Report Requirements The progress reporting methods, as applicable, shall be followed as described in Attachment C, which is part of this agreement through reference. 7. General Provisions The Contractor agrees to comply with the General Provisions outlined in Part H, which is part of this agreement through reference. The Contractor agrees to comply with the Ltunty of Oskiarci . SilL sta7.ce tie D:sorrier Services Page: 2 of 22 1/17/2010 requirements described in Attachment E: Reporting Requirements. The Contractor also agrees to comply with the requirements described in the SUD Services Policy Manual, which is part of this agreement through reference. The Parties agree that the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 10/11 AGREEMENT ADDENDUM A is incorporated and made part of this agreement. 8. Administration of the Agreement The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Mark Steinberg, Administrator Division of Grants and Contracts Management, BSAAS Lewis Cass Building, 5th Poor, Lansing, MI (517) 335-0180 SteinbergM©michigan.gov County Df Oak lard, Substanse Use Disorder Services Page: 3 of 22 11/.17/20F3 9. Contractor's Financial Contact for the Agreement The person acting for the Contractor on the financial reporting for this agreement is: Sara Wade Project Coordinator Name Title wades@oakgov.con (248) 452 5251 E-Mail Address Telephone No. 10. Special Conditions A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. D. The Contractor is required by PA 533 of 2004 to receive payments by electronic funds transfer. E. This agreement is authorized to fund an Access to Recovery project for up to S100.000, contingent upon the award and availability of such federal funds and contingent on written notice from the Department. 11. Special Certification The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 12. Signature Section FOR County of Oakland Christina Nicholas Director Name (please print) Title Signature Date For the Michigan Department of Community Health Kim Stephen, Director. Bureau of Budget and Audit Date County cf Oanland, Sjbtaic Lse LT:screer Page: 4 of 22 a 1/17/2010 Part ll General Provisions I. Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Wnere the Contractor exclusively develops books, films, or other such copyrightable materials through activities supported by this agreement, the contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any materials copyrighted by the Contractor or modifications bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. 4. The Contractor shall notify the Department's Grants and Purchasing Division 30 days prior to applying to register a copyright with the U.S. Copyright Office. B. Foes Make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the data of termination, the date of submission County c Oak:and, Sustanta Lse Disorder Servits 'age: 5 o' 22 712010 of the final exi.enditure report or until litigation and audit findings have Peen resolved. F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Audits This section only applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. 1. Required Audit or Notification Letter Contractors must submit to the Department either a Single Audit, Financial Statement Audit, or Audit Status Notification Letter as described below. If submitting .3 Single Audit or Financial Statement Audit, Contractors must also submit a Corrective Action Plan for any audit findings that impact MDCH- funded programs, and management letter (if issued) with a response. a. Single Audit Contractors that expend $500,000 or more in federal awards during the Contractor's fiscal year must submit a Single Audit to the Department, regardless of the amount of funding received from the DE partment. The Single Audit must comply with the requirements of the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as revise°. The Contractor must comply with all requirements in the MDCH Substance Abuse Prevention and Treatment Audit Guidelines, current edition, as issued by the MDCH Office of Audit. b. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive $500,000 or more in total funding from the Department in State and Federal grant funding must submit to the Department a Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements that receive less than $500,000 of total Department grant funding must submit to the Department a Filancial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact MDCH-funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of centract and grant provisions. County Of QaKlard, 5,..bsfance 1.4e Discreet r:c.,-,••icos Page: 6 of 22 1 -V17/2010 c. Audit Status Notification Letter Contractors exempt from both the Single Audit and Financial Statement Audit requirements (a. and b. above) must submit an Audit Status Notification Letter that certifies these exemptions. The template Audit Status Notification Letter and further instructions are available at http://www.michigan.gov/mdch by selecting Inside Community Health - MDCH Audit. 2. Due Date and Where to Send The required audit and any other required submissions (ie, Corrective Action Plan and management letter with a response), or Audit Status Notification Letter must be submitted to the Department within nine months after the end of the Contractor's fiscal year to Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479* Lansing, Michigan 48909-7979 *For Express Delivery: Capital Commons Center 400 S. Pine Street Lansing, Michigan 48933 Alternatives to paper filing may be viewed at http://www.michigan.gov/mdch by selecting Inside Community Health - MDCH Audit. 3. Penalty a. Delinquent Single Audit or Financial Statement Audit If the Contractor does not submit the required Single Audit reporting package, management letter (if issued) with a response, and Corrective Action Plan; or the Financial Statement Audit and management letter (if issued) with a response within nine months after the end of the Contractor's fiscal year and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Contractor is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Contractor is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the County of 0,31a-id. Substance Um Disorcer services Page: 7 of 22 11i1P2010 cognizant or oversight agency for audit. b. De. inquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter, when required, may result in withholding from the current funding an amount equal to Ore percent of the audit year's grant funding until the Audit Status Nctification Letter is received. 4. Other Audits The Department or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. H. SubrecipientNendor Monitoring The Contractor must ensure that each of its subrecipients comply with the Single Audit Act requirements. The Contractor must issue management decisions on audit findings of their subrecipients as required by OMB Circular A- 133. The Contracto must also develop a subrectpient monitoring plan that addresses 'during the award monitoring' of subrecipients to provide reasonable assurance that the subrecipient administers Federal awards in compliance with laws, regulations, aid the provisions of contracts, and that performance goals are achieved. The subrecipient monitoring plan should include a risk-based assessment to determine the level of oversight, and monitoring activities such as reviewing financial and performance reports. performing site visits, and maintaining regular contact with subrecipients. The Contractor must establish requirements to ensure compliance for for—profit subrecipients as required by OMB Circular A-133, Section .210(e) The Contractcy must ensure that transactions with vendors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with OMB Circular A-133, Section .210(f). I. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant mocIfication in the provision of services, funding or compliance with operational prccedures. J. Software Compliance The Contractor must ensure software compliance and compatibility with the Department's data systems for services provided under this agreement including, but not limited to: stored data, databases, and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Contractor's business operations for processing date/time data. County of Owdard, S slance Use Diswder SvrviLv6 Page 8 cf 22 1 111 7/2010 K. Human Subjects The Contractor will comply with Protection of Human Subjects Act, 45 CFR, Part 46. The Contractor agrees that prior to the initiation of the research, the Contractor will submit institutional Review Board (IRB) application material for ail research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the State of Michigan, to the Department's IRB for review and approval, or the IRB application and approvai materials for acceptance of the review of another IRB. All such research must be approved by a federally assured IRB, but the Department's IRB can only accept the review and approval of another institution's IRB under a formally-approved interdepartmental agreement. The manner of the review will be agreed upon between the Department's IRB Chairperson and the Contractor's IRB Chairperson or Executive Officer(s), II. Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and provide to the Contractor any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to their required usage in order to afford the Contractor an opportunity to review and offer comment. Ill. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circuiars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. For purposes of this Agreement, OMB Circular A-87 is applicable to Contractors that are local government entities, and OMB Circular A-122 is applicable to Contractors that are non-profit entities. B. Anti-Lobbying Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies section of the FY 1997 Omnibus Consolidated Appropriations Act (Public Court YOmland. Substance Use DIsorOor Serece Page 9 of 22 111'17/201C Law 104-209). Further, the Contractor shall require that the language c - this assurance be ncluded in the award documents of all subawards at all tiers (incluo'ng subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discrThninate against any employee or applicant for employmel or service delivery and access, with respect to their hire, tenure. terms, conditions or privileges of emp;oyment, programs and services provided o . any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's abil ,ty to perform the duties of the particular job or position or to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is requirec pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. The Corr:ractor will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; b. Tile IX of the Education Amendments of 1972, as amended (20 §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d. the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e. the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pl. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g.§§523 arid 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of Coolty of Ooloond, Su:,stanceU Digorde• Page: 10 of 22 11/77/2010 alcohol and drug abuse patient records h. any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, the requirements of any other nondiscrimination statute(s) which may apply to the application. 3. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by persons with disabilities in subcontracting; and (2) making discrimination a material breach of contract. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6091 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or County of CakIan. Subslane Use D:sorclor Servicuu Page: 11 of 22 7 1117/2010 local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constr.icted, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment: service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities wlere Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawar& which contain provisions for children's services. 2. The Contractor also assures. in addition to compliance with Public Law 103- 227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that ore not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1509 and 7324-7328, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the C:ivil Service Reform Act, Public Law 95-454, 42 USC 4728 - 4763, Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. G. Subcontracts Assure for any subcontracted service, activity or product: 1. That a wril.ten subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement In the event of a conflict between this agreement anc the provisions the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; County at Oattlanu, SuLitantx Use Dsarcler 3.27-vjLes Page. 72 af 22 11/.' 7/2010 b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. H. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles arid requirements of OMB Circular A-102 as revised, implemented through applicable portions of the associated "Common Rule" as promulgated by responsible federal contractor(s), or 2 CFR, Part 215 (0IVIB Circular A-110) as amended, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. 1. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Contractor must not share any protected health data and information provided by the Department that falls within HIPAA requirements except as permitted or required by applicable law; or to a subcontractor as appropriate under this agreement, 2. The Contractor wiii ensure that any subcontractor will have the same obligations as the Contractor not to share any protected health data and information from the Department that falls under H1PAA requirements in the terms and conditions of the subcontract. 3. The Contractor must only use the protected health data and information for the purposes of this agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the H1PAA regulations, These policies and procedures must include restricting access to the protected health data and Cotaity Oak'and. Stance Disorder Servicos Page: 13 of 22 1 117/2010 informatior by the Contractor's employees. 5. The Contractor must have a policy and procedure to immediately report to the Department any suspected or confirmed unauthorized use or disclosure of protected t-ealth data and information that falls under the FIIPAA requirements of which tr e Contractor becomes aware. The Contractor will work witn the Department to mitigate the breach, and will provide assurances to the Department of corrective actions to prevent further unauthorized uses or Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Agreemer t Termination. 7. In accordance with HIPAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disciosure of protected health data and information by the Contractor received from the Department or any other source. 8. The Contractor will enter into a business associate agreement should the Departmert determine such an agreement is required under HI PAA. IV. Financial Requirements A. Operating Advance The Departmeei will not issue an operating advance under this agreement. B. Reimbursement Method The Departmer t will make prepayments equal to the Contractor's prepayment schedule that has been approved by the Department and the Contractor. The prepayments wi be monthly, paid up to the total Department allocation as agreed to in the approved budget. Prepayments may be adjusted quarterly based upon expenditure reports. C. Revenues and Expenditures Report Submission - initial and Final Revenue and Expenditure Reports (RERs) shall be prepared as indicated in Attachment B and submitted via the Electronic Grants Administration and Management System (EGrAMS). RERs shall be E., ubmitted twice per agreement year. One will be submitted with the agency's init[ai fiscal year EGrAMS application and one will be submitted as the final RER for the fiscal year. The initial RER will be an Attachment report in EGrAMS. The final RER will also be an Attachment report and due January 31 following the en ti of the fiscal year. The final RER must reflect total actual program expenditures, regardless of tine source of funds. Tc access EGrAMS, log in at: https://egrams -nni.com/dch/user/home.aspx Failure to meet Inancial reporting responsibilities as identified in this agreement 6. Louw,y Supstance Use Discycar Senbces Page: 14 e 22 1111772010 may tesuIt in withholding future payments. Ccurdy or Oakland, Subettiorm Use Disorder ServKes Page: 15 of 22 11117i201C D. Financial Status Report Submissions - Quarterly Financial Status reports (FSRs) shall be 'Expenditure' reports. FSRs will be prepared ass indicated in Attachment D and submitted via EGrAMS. The first, second, and third quarter FSRs must be submitted on a quarterly basis, no later than the last day of the month following the end of each fiscal quarter. FSRs must reflect total actual program expenditures. Expenditures are reported only for State Agreement funds E. Reimbursement Mechanism All contractors must sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits, as m:indated by PA 533 of 2004. Vendor registration information is available through the Department of Management and Budget's web site: • rittp://michigan.gov/cpexpress F. Final Obligations and Financial Status Reporting Requirements 1. Preliminary Close-out Report/Obligation Report A Preliminary Cose Out Report/Obligation Report, based on annual guidelines, must be submitted via EGrAMS and by the due date using the format provided by the Department's Accounting Division. The Contractor must provide an estimate of total expenditures for the entire agreement period. The information on the report will be uEed to record the Department's year-end accounts payables and receivables for ".his agreement. 2. Final RER The final RER is due as stated in Attachment C to this agreement and must be submitted in EGrAMS. The final RER must be clearly marked "Final". Final RERs not received by the due date may result i the loss of funding requested on the Preliminary Close Out Report and may result in the potential reduction in the subsequent yea 's agreement amount. 3 - 4th Quarter FSR The 4th Quarter FSR will be the final FSR for the agreement period and must be submitted via EGrAMS no later than 60 days following the end of the fiscal year. G. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department ma!i cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written CoLrly of OalOnd, 5,11.1513ncc Ue DUrtiO7 SE7v1038 Page: 16 of. 22 1111712010 notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part in Part I, Section 2.C. of the agreement, must be submitted in writing to the Department for approval immediately upon determining the need for such change. 1X. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this agreement shall be the responsibility of the Contractor, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the Coulty of Oakidnd, Subslanue Use Disorder SeN,W5 Page: 17 of 22 1 111 712010 responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event thi-Jt liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibil ties under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in re:ation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a '4vaiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq. MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) at seq. Xl. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise permitted or required by applicable state or federal law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. Counly of Oa land, 5ub5lan.e Use Disorder EVWCIDE; Page: 18 o 22 11/17/2010 Attachments A- Att A - Oakland County Addendum AD Attacnment A - Oakland Co ...,nty Addendum A Att A - Statement of Work Attacnment A - Statement of Work B Att B - Financial Reporting Requirements Attacnment B -Financial Reporting Requirements B1 Att B1 - Revenues and Expenditures Rpt Attacnment B-Revenues and Expenditures Rot B2 Att B2 - Equipment Inventory Form NA Attachment B2 Equip Inventory B4 Att B4 - SPF SIG Budget Expenditures Rpt 85 Att B5 - FASD Prevention Project Rpt Attachment B - FA.SD Prevention Project Reporting SOURCE OF FUNDS Activity State Local inkind Total Amount 1 State Aareem nts , Community Grant 3,109,691.00 0.00 0.00 3,109,691.00, n , Prevention 791,487.00, 0.00 0.00 791,487.00 Communicable Disease 234)498.00 0.00 0.00 234,498.00 ,FASD Award 0.00 0.00 0.00 0.00 ,Total State Aareements 4,135,676.00 0.00 0.00 4,135,676.00 Totals 4,135,676.00 0.00 0.00 4,135,676.00 County of Oakland. Substance Use Disorder Services Page: 1 d of 22 DATE PREPARED 11/17/2010 BUDGET PERIOD !From :10/1/2010 BUDGET AGREEMENT ;Origina,.F Amendment :AMENDMENT To : 9/30/2011 11117/2010 B7 Att B7 - Program Budget Summary PROGRAM Substance Use Disorder Se -vices CONTRACTOR NAME County of Oakland MAILING ADDRESS (Number and Street) 250 Elizabeth Lake Road, Suite 1550 CITY Pontiac ZIP CODE STATE .FEDERAL ID NUMBER 48341- Ml 138-6004876 11050 i , Activity State Amount Local Inkind Total DIRECT EXPENSES State Agreements 1 Community Grant 3,109,691.00 0.00 0.00 , 3,109.691.00 2 Prevention 791,487.00 0.00 0.00 791,487.00 3 Communicable Disease 234,498.00 0.00 0.00 234,498.00 4 FASD Award 0.00 0.00 0.00 0.00 Total State Agreements 4,135,676.00 0.00 0.00 4,135,676.00 TOTAL DIRECT EXPENSES 4,135,676.00 0.00 0.00 4,135,676.00 1 TOTAL EXPENDITURES 4,135,676.00 0.00 0.00 4,135,676.00i Ccunty of Clakanc% L' Di' E..eroxs Page: 20 ci 22 1!17/201 0 B7 Aft B7 - Program Budget - Cost Detail _ Activity State Amount Local lnkind Total DIRECT EXPENSES State Agreements 1 Community Grant Treatment 2,248.897.00 0.00 0.00, 2,248,897,00 Women's Specialty 85,000,00 0.00 0.00 85,000.001 MI Child 20,000.00 0.00 0.00 20,000.00 General Adminstration 323,838.00 0.00 0.00 323,838,00 Access Management System 431,956.00 0.00 0.00 431.956.00 __. Total for Community Grant 3,109,691.00, 0.00 0.00 3,109,691.00 2 [Prevention Prevention , 678,234.00 0.00 0.00 678,234.00 General Adminstration 113,253,00 0.00 0.00 113,253.00 Total for Prevention 791,487.00 0.00 _ 0.00, 791,487.00 Communicable Disease — Communicable Diseases 234,498.00, 0.001 0.00 234,498.00 4 ,FASD Award 1 Total State Agreements 4,135,676.00 0.00 0.00 4,135,676.00 __ .. TOTAL DIRECT EXPENSES 4.135,676.00 0.00 0.00 4,135,676.00 TOTAL EXPENDITURES 4,135,676.00 0.00 0.00, 4,135,676.00, Coen), Oakiand, Substance Use Disorder Serviues Page: 21 of 22 11/17/2010 C Alt C - Reporting Requirements Atachment C - Renrting RegLaements D Att D - RER Instructions Attacrintent D FS- InstruiLt!or El Att El - Other Requirements Attacnrnent E - Otlmr Requiremet.s E2 Alt E2 - Performance Indicators for SA Svcs, Electronic Submission Forms Attachment E-PeTtgrmance Indicators for SAS 'Eectrcnft , Submission E3 Att E3 - Sentinel Event Reporting Guidance Attacnment E-Se-1 r:el Event Reportng Guidance and Report Form E4 Att E4 - Tob Retailer Master List Updates and Instructions Attachment E-73bacco Retailer Listing inulructons E5 Att E5 - CD Provider Information Plan Rpt Instructions Attachment E CD' Provider hie PlaniReiport inslructons E6 Alt E6A - Injecting Drug Users 90 Percent Capacity Treatment Rpt Attachment E-IDU ;10 Percent Capacity Treatment Rpt and Instructs E6 Att E6B Injecting Drug Users 90 Capacity Treatment Instructions Attacr^ient E-Injecting Drug Users 90 Percent Capacity Treatment Irstructions E7 Att E7 - Integrated Svcs for People with Co-occurring MH and Substance User Disorders Narr Rpt Attachment E-Inteq Svcs-People w Co-occuring MH anc Sub. Use D. Narr Rpt E8 Att EM - Prevention Expenditures by Stragety Rpt Attachment E-P'evt:•,lion Expenditures by Strategy Renart ES Aft EBB - Prevention Expenditures by Strategy Instructions Attacnment E-Prev Expenittures 0v Strategy Report hstroctons E9 Att E9A - Prey Rpt for SAPT Block Grant Rpt Attachment E-Prevention Report for SAPT Block G'ant E9 Att E9B - Prevention Report for SAPT Block Grant Instructions Attacornent E-Provw)lion Report or SAPT Dock Grant Instructions El° Att El OA - Priority Pop Waiting List Deficiencies Rpt Attachment EPrjprilv Pop. Waiting List Defcienc,-;os Report El0 Att HOB - Priority Populations Waiting List Deficiencies Instructions Attamtielit E-Prbnt . Pop. Waging List Deficiencies Instr,K;tions Eli Att Ell - Special Projects Rpt Earmarked Funded, for applicable agencies only Attachment E-Spefal Proj Rpt Earmarked Funded - E12 Att El2A Womens Specialty Svcs Rpt Attachment E-Wonlips Specialty SeNices Repo.: El 2 Att El2B - Women's Specialty Services Instructions .Attochment E-Instri...:.:;cns for Womens Spec Services Report E12 Att E13 - Youth Access to Tobacco Activity Annual Rpt Attachmont E-Yo,Ah Access to Tobacco Aavi:y Arinua Report County of Oa4land, Substance U uer 'Services Page: 22 of 22 Version. SJID6lance Abuse MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 10/11 AGREEMENT ADDENDUM A 1. This addendum adds the following section to Part I and Renumbers existing 11 Special Certification to 12 and existing 12 Signature Section to 13: Part I 11. Aareement Exceptions and Limitations Notwithstanding any other term or condition in this Agreement including, but not limited to, any provisions related to any services as described in the Annual Action Plan, any Contractor (Oakland County) services provided pursuant to this Agreement, or any limitations upon any Department funding obligations herein, the Parties specifically intend and agree that the Contractor may discontinue, without any penalty or liability whatsoever, any Contractor services or performance obligations under this Agreement when and if it becomes apparent that State or Department funds for any such services will be no longer available. Notwithstanding any other term or condition in this Agreement, the Parties specifically understand and agree that no provision in this Agreement shall operate as a waiver, bar or limitation of any kind, on any legal claim or right the Contractor may have at any time under any Michigan constitutional provision or other legal basis (e.g., any Headlee Amendment limitations) to challenge any State or Department program funding obligations; and, the parties further agree that no term or condition in this Agreement is intended and no such provision shall be argued to state or imply that the Contractor voluntarily assumed or undertook to provide any services as described in the Annual Action Plan, and thereby, waived any rights the Contractor may have had under any legal theory, in law or equity, without regard to whether or not the Contractor continued to perform any services herein after any State or Department funding ends. Version: 5.bsanc€ AD-use EerviccE 2. This addendum modifies the following sections of Part II , General Provisions: Part II I. Responsibilities-Contractor J. Software Compliance. This section will be deleted in its entirety and replaced with the following language: The Michigan Department of Community Health and the County of Oakland will work together to identify and overcome potential data incompatibility problems. Ill. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replace with the following lang,iage: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. 1. Health Insurance Portability and Accountability Act. The provisions in this section shall be deleted in their entirety and replaced with the following language: Contractor agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated there under. IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided by law neither Party shall be obligated to the other, or indemnify the other for any third party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of either party under this Contract, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions. Ver5ion: Substance AtiuGe Services 3. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 4. Signature Section; For the COUNTY OF OAKLAND Name and Title Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Kim Stephen, Director Date Bureau of Budget arid Audit ATTACHMENT A STATEMENT OF WORK Please note: Items in this Statement of Work have been placed into one of three categories: Genera,: Ad -ninistrative and Financial; and Services. This categorization is for convenience of reference only. It is not intended, and should not be interpreted as limiting the applicability or scope of any item or items. General 1. General Statement of Work The general responsibilities of the coordinating agency (CA) under this Agreement, based on P.A. 368 of 1978, as amended, are to: a. Develop comprehensive plans for substance abuse treatment and rehabilitation services and prevention services consistent with guidelines established by the Department. b. Review and comment to the Department on applications for licenses submitted by local treatment, rehabilitation, and prevention organizations. c. Provide technical assistance for 'ocal substance abuse service organizations. d. Collect and transfer data and financial information from local organizations to the Department. e. Submit an annual budget request to the Department for use of state administered funds for its city. county, or region for substance abuse treatments and rehabilitation services and prevention services in accordance with guidelines established by the Department. f. Make contracts necessary and incidental to the performance of the Agency functions. The contracts may be made with public or Private agencies, organizations, associations, and individuals to provide for substance abuse treatment and rehabilitation services and prevention services. g. Annually evaluate and assess substance abuse services in the city. county, or region in accordance with guidelines established by the Departmern and federal goals. 2. Action Plan The CA will carry out its responsibilities under this Agreement consistent with -.ne CA's most recent Action Plan as approved by the Department. 3. Substance Abuse Prevention and Treatment SAPT) Block Grant Requirements and Apglicabilitv to State Funds Federal requirements deriving from Public Law 102-32'1, as amended by Public Law 106-310, and federal regulations in 45 CFR Part 96 are pass-through Alt A Statemeni Qf Work Initial FYN .; Pace 1 cf 31 ATTACHMENT A requirements. Federal Substance Abuse Prevention and Treatment (SAPT) Block Grant requirements that are applicable to states are passed on to CAs unless otherwise specified. 42 CFR Parts 54 and 54a, and 45 CFR Parts 96, 260, and 1050, pertaining to the final rules for the Charitable Choice Provisions and Regulations, are applicable to CAs as stated elsewhere in this Agreement. Sections from PL 102-321, as amended, that apply to CAs and contractors include but are not limited to: 1921(b); 1922 (a)(1)(2); 1922(b)(1)(2); 1923; 1923(a)(1) and (2), and 1923(b); 1924(a)(1)(A) and (B), 1924(c)(2)(A) and (B); 1927(a)(1) and (2), and 1927(b)(1); 1927(b)(2); 1928(b) and (c); 1929; 1931(a)(1)(A), (8), (C), (D), (E) and (F); 1932(b)(1); 1941; 1942(a); 1943(b); 1947(a)(1) and (2). Selected specific requirements applicable to CAs are as follows: a. Block Grant funds shall not be used to pay for inpatient hospital services except under condition specified in federal law. b. Funds shall not be used to make cash payments to intended recipients of services. c. Funds shall not be used to purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or any other facility, or purchase major medical equipment. d. Funds shall not be used to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funding, e. Funds shall not be used to provide individuals with hypodermic needles or syringes so that such individuals may use illegal drugs. f. Funds shall not be used to enforce state laws regarding the sale of tobacco products to individuals under the age of 18. 9. Funds shall not be used to pay the salary of an individual at a rate in excess of Level I of the Federal Executive Schedule, or approximately $186,600. SAPT Block Grant requirements also apply to the Michigan Department of Community Health (MDCR) administered state funds, unless a written exception is obtained from MDCH. 4. Licensure of Subcontractors The CA shall enter into agreements for prevention, treatment, and recovery services only with providers appropriately licensed for the service provided as required by Section 6231 of P.A. 368 of 1978, as amended. The CA must ensure that network providers residing and providing services in bordering states meet all applicable licensing and certification requirements At A Statement of Work Initial FY20 Ii idea Page 2 of 31 ATTACHMENT A within their states. that such providers are accredited per the requirements of this Agreement, and :hat provider staff are credentialed per the requirements of this Agreement. 5. Accreditation of Subcontractors The CA shall enter into agreements for treatment services provided through outpatient, early litervention, Metnadone, sub-acute detoxification and residential providers only wth providers accredited by one of the following accrediting bodies: Joint Commission on Accreditation of Health Care Organizations (JCAHO) Commssion on Accreditation of Rehabilitation Facilities (CARF); the American Osteopathic Association (AOA); Council on Accreditation of Services for Famlies and Children (COA); National Committee on Quality Assurance (NCQA), or Accreditation Association for Ambulatory Health Care. The CA must determine compliance through review of original correspondence from accreditation bodies to providers, Accreditation is not needed in order to provide access management system (AMS) services, whether these services are operated by a CA or through an agreement with a CA or for the provision of broker/generalist case management services. Accreditation is required for AMS providers that also provide treatment services and for case management providers that either also provide treatment services or provide therapeutic case management. Accreditation is not required for peer recovery and recovery support services when these are provided through a prevention license. If the CA plans tc purchase case management services or peer recovery and recovery support services, and only these services, from an agency that is not accredited per this agreement, the CA may request a waiver of the accreditation requirement. G. SAMHSAIDHHS License The federal awarding agency, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services (SAMHSA/DHHS), reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish o- otherwise use, and to authorize others to use, for federal government purposes: (a) The copyright in any work developed under a grant, sub-grant, or contract under a grant or sub-grant; and (b) Any rights of copyright to which a grantee, sub-grantee or a contractor purchases ownership with grant support, 7. Cooperation with External Medicaid Evaluation The CA is expected to cooperate with Department efforts in external evaluation of Medicaid services, if the CA administers Medicaid services. The CA is Alt A Sta:erntni of W04; 1[11101 FY20 -1 io Page 3 o; ATTACHMENT A expected to ensure that CA-funded providers will provide necessary data and will facilitate access to individuals' files and other records as required. 8. Monitoring of Subcontractors The CA is rewired to assure that subcontractors comply with all applicable requirements contained in this agreement. To this end, the CA must adopt written policy and must implement procedures regarding monitoring of subcontractors. The monitoring policy and procedures must be consistent with requirements in this agreement, with the current MDCH substance use disorder audit guidelines, and with applicable federal Office of Management and Budget (0fv1B) circulars. The CA must prepare a report of monitoring findings, and must make this report available to the public at least once every two years. Part II of the agreement, section I.H on Sub-recipientNendor Monitoring, requires that contractors conduct monitoring and risk-based assessments of sub- recipients during the period of the agreement. The CA must conduct monitoring and risk-based assessments of all subcontractors, during the period of the agreement, including subcontractors that are vendors. Administrative and Financial 1. Match Rules Pursuant to Section 6213 of Public Act No. 368 of 1978, as amended, Michigan has promulgated match requirement rules. Rules 325.4151 through 325.4153 appear in the 1981 Annual Administrative Code Supplement. In brief, the rule defines allowable matching fund sources and states that the allowable match must equal at least ten percent of each comprehensive CA budget (see Attachment B to the Agreement) - less direct federal and other state funds. Per PA 368, Administrative Rules, and contract, direct state/federal funds are funds that come to the CA directly from a federal agency or another state source Funds that flow to the CA from the Department are not in this category, such as, SDA, or Communicable Diseases funding, and, therefore, are subject to the local match requirement. Match requirements apply both to budgeted funds during the agreement period arid to actual expenditures at year-end. "Fees and collections" as defined in the Rule include only those fees and collections that are associated with services paid for by the CA. If the CA is found not to be in compliance with Match requirements, or cannot provide reasonable evidence of compliance, the Department may withhold Att A Statement of Work Initlai FY2011.doe Page 4 of 31 ATTACHMENT A payment or recover payment in an amount equal to the amount of the Mntch shortfall 2. Reporting Fees and Collections RfIVA11111PS On the nitial Revenues and Expenditures Report (RER), the CA is required to report all estimated fees and collections revenue to be received by the CA and all estimated fees and collections revenue to be received and reported by its contracted services providers (see Attachment B to this Agreement). On. the Thal REP, the CA is required to report all actual fees and collections revenue received by the CA and all actual fees and collections revenue received and reported by its contracted services providers (see Attachment B to this Agreement). "Fees and collections" are as defined in the Annual Administrative Code Supplement, Rule 325.4151 and in the Match Rule section of this Attachment. 3. Management of Dvartment-Administered Flada The CA shall manage all Department-administered funds under its contro in such a way as to assure reasonable balance among the separate requirements for each funds source. 4. Sliding Fee Scale The CA :3hall implement a sliding fee scale. All treatment providers shall utilize the scale. The CA must adopt written policies and implement procedures for determining whet- an individual has no ability to pay for services and for determining when payment liability is to be waived. Financial information needed to determine ability to pay (financial responsibilly) must be reviewed annually or at a change 'n an individual's financial status, whichever occurs sooner. The CA siiding fee scale must be applied to all persons (except Medicaid, MIChild, and AB* recipients) seeking substance use disorders services funded in whole or in pad by the CA. The CA has the option to charge fees for ANIS services, or not to charge. If the CA charges for AMS services, the same sliding fee scale as applied to treatment services must be used. The CA must assure that all available sources at payments are identified and applied p -ior to the use of Department-administered funds. The CA must have written policies arid procedures to be used by network providers in determining an individual's abilqy to pay, and in identifying all other liable third parties. The All A Stotement c Wcric ni1W Fr2p11 lou Pe Jt 31 ATTACHMENT A CA must also have policies and procedures for monitoring providers and for sanctioning noncompliance. 5. Inability to Pay Services may not be denied because of inability to pay. If a person's income falls within the CA's regional sliding fee scale, clinical need must be determined through the standard assessment and patient placement process. If a financially and clinically eiigible person has third party insurance, that insurance must be utilized to its full extent. Then, if benefits are exhausted, or if the person needs a service not fully covered by that third party insurance, or if the co-pay or deductible amount is greater than the person's ability to pay, Community Grant funds may be applied. Community Grant funds may not be denied solely on the basis of a person having third party insurance. 6. Subcontracts with Hospitals Funds made available through the Department shall not be made available to public or private hospitals which refuse, solely on the basis of an individual's substance use disorder, admission or treatment for emergency medical conditions. 7. Residency in CA Region The CA may not limit access to the programs and services funded by this Agreement only to the residents of the CA's region, because the funds provided by the Department under this Agreement come from federal and statewide resources. Members of federal and state-identified priority populations must be given access to screening and to assessment and treatment services, consistent with the requirements of this Agreement, regardless of their residency. However, for non-priority populations, the CA may give its residents priority in obtaining services funded under this Agreement when the actual demand for services by residents eligible for services under this Agreement exceeds the capacity of the agencies funded under this Agreement. 8. Out-of- Network and Out-of-Region Services The CA must have written policies and procedures for authorizing and purchasing treatment services from out-of-network and out-of-region providers for residents of the CA region who need care from such providers. 9. Reimbursement Rates for Community Grant. Medicaid and Other Services The CA must pay the same rate when purchasing the same service from the same provider, regardless of whether the services are paid for by Community Att A Statemen1 of Work irMal FY20 .11.doo Page 0 of 31 ATTACHMENT A Grant funds, Medicaid funds, or other Department administered funds, including Adult BE nefit Waiver (ABW) and MIChild funds. 10. Reimbursement for Primary Health Care with Communicahle DiRpaces lenl Funds CD funds shall not be used to purchase primary health care unless the Department approves such use in writing. 11. Minimum Criteria for Reimbursino for ervics to Prsnn with Occurring Disorders Department funds made available to the CA through this Agreement, and which are allowable for treatment services, may be used to reimburse providers for integrated menta health and substance use disorder treatment services to persons with co-oGcurring substance use and mental health disorders. The CA may reimburse a Community Mental Health Services Program (CMHSP) or Pre-paid Inpatient Health Plan (PIHP) for substance use disorders treatment services for such persons who are receiving mental health treatment services through the CMHSP or PIHP, The CA may also reimburse a provider, other than a CMHSP or PIP, for substance use disorders treatment provided to persons with co-cccurring substance use and mental health disorders. As always, when reimburs ng for substance use disorders treatment, the CA must have an agreement with the CMHSP (or other provider); and the CMHSP (or other provider) must meet all minimum qualifications, including licensure, accreditation and data reporting 12. Media Campaisins A media campaign, very broadly, is a message or series of messages conveyed through mass media channels including print, broadcast, and electronic media. Messages regarding the availability of services in the CA region are not considered to be media campaigns. Media campaigns must be compatible with MDCH values, be coordinated with MDCH campaigns whenever feasible and costs must be proportionate to likely outcomes. The CA shall not finance any media campaign using Department-administered funding without prior written approval by the Department. 13. Notice of Funding Excess or Insufficiency The CA must adv se the Department in writing and uploaded to the Electronic Grants Administration and Management System (EGrAMS) by June 1 if the amount of Department funding may not be used in its entirety or appears to be insufficier t. Att A Statement of Work hiHT-Y2011.(10,-: Page 7 o! ATTACHMENT A 14. Subcontractor Information to be Retained at the CA a. Budgeting Information for Each Service. b. Documentation of How Fixed Unit Rates Were Established: The CA shall maintain documentation regarding how each of the unit rates used in its agreements was established. The process of establishing and adopting rates must be consistent with criteria in OMB Circular A-87 or A- 122, whichever is applicable, and with the requirements of individual fund sources. c. Indirect Cost Documentation: The CA shall review subcontractor indirect cost documentation in accordance with OMB Circular A-87 or A-122, as applicable. d. Equipment Inventories: The CA must apply the following to all subcontractors that have budgeted equipment purchases in their contracts with the CA: Any contractor equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. e. Fidelity Bonding Documentation: The CA shall maintain fidelity bonding documentation. 15_ Reporting Requirements a. General Requirements Requirements concerning specific reports are contained elsewhere in the Agreement, including in Attachment C. The following requirements generally pertain: 1. Each report must be submitted by the specified due date. Reports successfully e-mailed or uploaded to the EGrAMS by the due date are considered timely. 2. Reports must be sent to the addressee and via the submission route (e.g., uploaded, e-mailed, etc.) specified in this Agreement. AU A Statement of Work Initial FY2011 cifor.. Page 8 of 31 ATTACHMENT A Reports that are not sent to the specified addressee are subject to being determined not timely or not received. 3. Reports must be submitted on the form and in the format speci*ied in this Agreement (if form and format are specified). b. Legislative Reports (L.Rs) and Financial Reports If the contractor does not submit the LR, or the final RER (which includes the ABVV and MIChild Year-end Balance Worksheets and Administration/Service Coordination Report) within fifteen (15) calendar days of the due date, the Department may withhold from the current year fuiding an amount equal to five (5) percent of that funding (not to exceed $100,000) until the Department receives the required report. The Departmem may retain the amount withheld if the contractor is more than forty-five (45) calendar days delinquent in meeting the Thing requirements. The contractor must assure that the financial data in these reports are consistent and reconcile between the reports; otherwise, the reports will be considered as not submitted and will be subject to financial penalty, as mentioned above. The Department may choose to withhold payment when any financial report is delinquent by thirty (30) calendar days or more and may retain the amount withheld if the report is sixty (60) or more calendar days delinquent. This does not apply to the LR and final RER, as stated above. Financial reDorts are: 1. FASD Prevention and Intervention Project: Revenues and Expendilares Report--MONTHLY; 2. FASD Prevention and Intervention Project: Revenues and Expenditures Report-FINAL: 3. Financia Status Report-1 st thru 3rd quarter; 4. Financia Status Report-4tn quarter; 5. Notice of Excess or Insufficient Funds Report; and 6. Prevention Expenditures by Strategy Report c. Da.',2i Reporting Timeliness and Completeness Standards MC CH monitors the timeliness of submission for all required reports. Reports that arrive after the established due date are recorded as late. If the submission arrives more than five (5) calendar days past due, a letter will be sent to the CA Director to notify the CA of the lack of compliance with the pLaished due date. Sanctions for noncompliance (depending on the severity and frequency) may include a requirement for a corrective action plan or may include an adjustment in prepayments. Au A Statement of ViOfk 1111'01 FY2[1 ,1 : cc Page 9 of 31 ATTACHMENT A For data transactions that are submitted via the Date Exchange Gateway (DEG), including admission, discharge, and encounter batches, the processing system logs the dates and times the batches were transferred and processed. When the system is in production, monthly submissions by he CAs are required. Data submissions are monitored daily by MDCH staff. d. Data Completeness The CA is responsible for submitting 100% of required records. Initial submissions combined with error corrections and resubmissions must result in an accuracy rate of 100%. e. National Outcome Measures (NOMS) The emergence of the NOMS increases the importance of the completeness, accuracy and timeliness of all treatment and prevention data that are necessary for the Department to meet federal reporting requirements. Concerning the Treatment NOMS, it is the responsibility of the CA to ensure that the client information reported on these records accurately reflects client status at admission and on the last day of service. f. Substance Use Disorder Prevention Data Set (SUDPDS) CAs are required to collect and report the state-required prevention data elements throughout the prevention provider network either through participation in the SUDPDS or through an upload of the state-required prevention data records to SUDPDS on a monthly basis. CAs must assure that all records submitted to the state system are consistent with the SUDPDS Reference Manual. (See Attachment E.) It is the responsibility of the CAs to ensure that the services reported to the system accurately reflects staff service provision and participant information for all CA-administered fund sources. It is the responsibility of the CAs to monitor provider completeness, timeliness and accuracy of provider data maintained in the system in a manner which will ensure a minimum of 90 percent accuracy. Att A Statement of Wwi mi Vol PY2011:doe Page 10 of 31 ATTACHMENT A 16. Critical Incidents and Sentinel Events The CA must req Jire all of its residential treatment providers to prepare and file crtca incident reports and sentinel event reports that include the following components: 1. Provider determination whetner critical incidents are sentinel events. 2. Following icentification as a sentinel event, the provider must ensure that a pot cause analysis or investigation takes place. 3. Based on tle outcome of the analysis or investigation, the provider must ensure the -. a plan of action is developed and implemented to prevent further occurrence of the sentinel event. The plan must identify who is responsible for implementing the plan. and how implementation will be monitored. Alternatively, the provider may prepare a rationale for not pursuing a preventive plan. The CA i respons ble for oversight of the above processes. Requirements for i'eporting data on Sentinel Events are contained in Attachment E. These reporting requirements are narrower in scope than the responsibility to identify a id follow up on critical incidents and sentinel events. A Critical Incident is any of the following that should be reviewed to determine whether i. meets the criteria for a sentinel event below: . Death of a recipient. 2. Serious illness requiring admission to hospital. 3. Alleged cause of abuse or neglect. 4. Accident resulting in injury to recipient requiring emergency room visit or ho:;pital adn:ission. 5. Beiavioral episode. 6. Arrest and/o- conviction. 7. Medication error. A Sentinel Event is an "unexpected occurrence involving death or serious physical or psychological injury'', or the risk thereof. Serious injury specifically includes loss of limb or function. The phrase, or risk thereof' includes any process variation hr which a recurrence would carry a significant chance of a serious ac verse outcome." (JCAHO, 1998) 17. Claims Management System The CA E.hall make timely payments to all providers for clean claims. This includes payment 90% or higher of clean claims from network providers within Aft A Statement of Work loit na FY2011_.;oc Page 1 of 31 . . . ATTACHMENT A 60 days of receipt, and 99% or higher of all clean claims within 90 days of receipt. A clean claim is a valid claim completed in the format and time frames specified by the CA and that can be processed without obtaining additional information from the provider. It does not include a claim from a provider who is under investigation for fraud or abuse, or a claim under review for medical necessity. A valid claim is a claim for sec/ices that the CA is responsible for under this Agreement. It includes services authorized by the CA. The CA must have a provider appeal process to promptly and fairly resolve provider-billing disputes. 18. Care Management The CA may pay for care management as a service designed to support CA resource allocation as well as service utilization. Care management is in recognition that some clients represent such service or financial risk that closer monitoring of individual cases is warranted. Care management must be purchased and reported consistent with the instructions for the Administrative Expenditures Report in Attachment B to this agreement. 19. Purchasing Drug Screens This item does not apply to medication-assisted services. Department-administered treatment funds can be used to pay for drug screens, if all of the following criteria are met: (a) No other responsible payment source will pay for the screens. This includes self pay, Medicaid, and private insurance. Documentation must be placed in the client file; (b) The screens are justified by specific medical necessity criteria as having clinical or therapeutic benefit; and (c) Screens performed by professional laboratories can be paid for one time per admission to residential or detoxification services, if specifically justified. Other than these one-time purchases, Department funds may only be used for in house "dip stick" screens. The code(s) to use when submitting tie encounter data to MDCH is as follows: H0003 is a lab test (sent out for analysis); or H80100 is for in house screens (dip stick tests). Att A Statoment of Wor niti FY201 doc Page 12 of 31 ATTACHMENT A 20. Purchasing HIV Early Intervention Services Department-admin stered Community Grant funds (blended SAPT Block Grant and General Pune) cannot be used to pay for HIV Early Intervention Services because Michigan 's not a Designated State for HIV. Per 45 CFR, Part 96, Substance Abuse Prevention arid Treatment Block Grant, the definition of Early Intervention Services relating to HIV means: appropriate aretest counseling for HIV and AIDS; (b) testing individuals with respect to such disease, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the imm,ine system, and tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and for preventing and treating conditions arising from the disease; appropriate post-test counseling; and (d) providing the therapeutic measures described in Paragraph (b) of this definition. To review the fall document, go to: http://law.justia.comiustcfrititle45/45- 1.0.1.1.53.12.htm Services 1. General :3ervices a. 12-Month Availability of Services The CA shall assure that, for any subcontracted treatment or preventon service, each subcontractor maintains service availability throughout the fiscal year for persons who do not have the ability to pay. The CA is required to manage its authorizations for services and its expenditures in light of known available resources in such a manner as to avoid the need for imposing arbitrary caps on authorizations or spending. "Arbitrary caps" are those that are not adjusted according to individualized deierminations of the needs of clients. This requirement is consistent with Medical Necessity Criterion 1.4.3, which may be found elsewhere in Attachment A. (a) (C) AU A t...11emer.l. of Work nihi FY2C11.c0c Pag 13 0131 ATTACHMENT A b. Persons Associated with the Corrections System When the CA or its AMS services receives referrals from the Michigan Department of Corrections (MDOC), the CA shall handle such referrals as per all applicable requirements in this agreement. This would include determining financial and clinical eligibility, authorizing care as appropriate, applying admissions preferences, and other steps. MDOC referrals may come from probation or parole agents, or from MDOC Central Office staff. When persons who are on parole or probation seek treatment on a voluntary basis from the CA's AMS services or from a panel provider, these self-referrals must be handled like any other self-referral to the MDCH-funded network. AMS or provider staff may seek to obtain releases to communicate with a person's probation or parole agent but in no instance may this be demanded as a condition for admission or continued stay. The CA may collaborate with MDOC, and with the Office of Community Corrections (OCC) within MDOC, on the purchase of substance use disorders services and supports. This may include collaborative purchasing from the same providers, and for the same clients. In such situations, the CA must assure that: 1. AR collaborative purchasing is supported by written agreements among the participants. 2. Rates paid to providers, whether by a single purchaser or two or more purchasers, do not exceed provider costs. 3. Rates paid to providers are documented and are developed consistent with applicable OMB Circular(s). 4. No duplication of payment occurs. c. State Disability Assistance (SDA) (Applies Only To Agencies Who Have Aliocations For This Program) MOCK continues to allocate SDA funding and to delegate management of this funding to the CA. The SDA funding is identified in the CA's allocation letter. The CA is responsible for allocating these funds to qualified providers. Minimum provider qualifications are MDCH licensure as a residential treatment provider and accreditation by one of the five approved accreditation bodies (identified elsewhere in this Agreement). A provider may be located within the CA's region or outside of the region. SDA funds shall not be used to pay for room and board in conjunction with sub-acute detoxification services. When a client is determined to be eligible for SDA funding, the CA must arrange for assessment and authorization for SDA room and board AZt A Staternert of Work .nil; FY2011:Icc Page 14 of 31 ATTACHMENT A funding and must reimburse for SDA expenditures based on billings from providers, consistent with CA/provider agreements. in addition, the CA may authorize such services for its own residents at providers within or outside its region. The CA shall riot refuse to authorize SDA funds for support of an individual's treatment solely on the basis of the individual's current or past involvement with the criminal justice system. CLalified providers may be reimbursed up to twenty-seven ($27) per day for room and board costs for SDA-eligible persons during their stays in Residential treatment, To be eligible for MDCH-administered SDA funding for room and board services in a substance use disorders treatment program, a person must be determir ed to meet Michigan Department of Human Services' (MDHS) eligibility criteria; determined by the CA or its designee to be in need of residential treatment services; authorized by the CA for residential treatment when the CA expects to reimburse the provider for the treatment; at least 18 years of age or an emancipated minor, and in residence in a residential treatment program each day that SDA payments are made. The CA may employ either of two methods for determining whether an individual meets MDHS eligibility criteria: 1. The CA may refer the individual to the local MDHS office This method must be employed when there is a desire to qualify the individual for an incidental allowance under the SDA program. Or, 2. The CA may make its own determination of eligibility by applying the essential MDHS eligibility criteria. See this DHS link for details: http:/(www.michidan.eov/dhs/0,1607,7-124-5453 5526---.00.htm, For nresent purposes only, these criteria are: • Residency in substance use disorders residential treatment. • Kchigan residency and not receiving cash assistance from another state. • U S. citizenship or have an acceptable alien status. • Asset limit of $3,000 (cash assets only are counted). Regardless of the method used, the CA must retain documentation sufficient to ,ustify determinations of eligibility. Att A Sta:ement of Well* Otiar FY201 - Joe Page 15 of 31 ATTACHMENT A The CA must have a written agreement with a provider in order to provide SDA funds. d. Persons involved With the Michigan Department of Human Services (MDHS) The CA must work with the MDHS office(s) in its region to facilitate access to prevention, assessment and treatment services for persons involved with MDHS, including families in the child welfare system and public assistance recipients. The CA must develop written agreements with MDHS offices that specify payment and eligibility for services, access-to- services priority, information sharing (including confidentiality considerations), and other factors as may be of local importance. e. Primary Care Coordination The CA must take all appropriate steps to assure that substance use disorders treatment services are coordinated with primary health care. In the case of CAs that are under contract with PIHPs for the Medicaid substance abuse program, CAs are reminded that coordination efforts must be consistent with these contracts. Treatment case files must include, at minimum, the primary care physician's name and address, a signed waiver release of information for purposes of coordination, or a statement that the client has refused to sign this waiver. Care coordination agreements or joint referral agreements, by themselves, are not sufficient to show that the CA has taken all appropriate steps related to coordination of care. Client case file documentation is also necessary. f. Cultural Competence CA must have a written cultural competency plan implemented in practice at their agency and at all provider agencies. The plan must include: 1. The CA's identification and assessment of the cultural needs of potential and active clients based on population served. 2. The CA's identification standards for the recruitment and hiring of culturally competent staff members. Att A Statement e Work InitAl FY2011 .doc Page 16 o131 ATTACHMENT A 9- 3. The CA's identification of how ongoing staff training needs in cuhural competency will be assessed and met and the evidence that staff members receive training. 4. The process for ensuring that panel providers comply with ail appi cable requirements concerning the provision of culturally comeetent services. 5. The CA's process for annually assessing its compliance with the CA's cultural competence plan. Charitable Choice The September 30, 2003 Federal Register (45 CFR part 96) contains federal Charitable Choice SAPT block grant reguiations, which apply to bcth prevention and treatment providers/programs. In summary, The regulations require: 1) that the designation of religious (or faith-based) organizations as such be based on the organization's self-identification as religious (o7 faith based), 2) that these organizations are eligible to participate as providers--e.g. a "level playing field" with regard to participating in the CA provider panel, 3) that a program beneficiary receiving seNices from such an organization who objects to the religious character cf a program has a right to notice, referral, and alternative services which meet standards of timeliness, capacity, accessibility and equivalency—and ensuring contact to this alternative provider, and 4) other requirements, including-exclusion of inherently religious activities and non-discrimination. The CA is required to comply with all applicable requirements of the Charitable Choice regulations. The CA must ensure that treatment clients and prevention service recipients are notified of their right to request alternative services. Notice may be provided by the AMS or by providers that are faite-based. The CA must assign responsibility for providing the noice to the AMS, to providers, or both. Notification must be in the form of the model notice contained in the final regulations, or the CA may request written approval from MDCH of an equivalent notice. Th3 CA must also ensure that its AMS administer the processing of recuests for alternative services. The model notice contained in the federal regulations is: No provider of substance abuse services receiving Federal funds from the U.S. Substance Abuse and Mental Health Services Administration, including this organization, may discriminate against you on ti)e basis of religion, a religious belief, a refusal to hold a AL t A Staternon of Work nitial FY2011 :oc Page 17 of 31 ATTACHMENT A religious belief, or a refusal to actively participate in a religious practice. If you object to the religious character of this organization, Federal law gives you the right to a referral to another provider of substance abuse services_ The referral, and your receipt of alternative services, must occur within a reasonable period of time after you request them. The alternative provider must be accessible to you and have the capacity to provide substance abuse services. The services provided to you by the alternative provider must be of a value not less than the value of the services you would have received from this organization. h. Americans with Disabilities Act The CA and its contractors must comply with applicable provisions of the Americans with Disabilities Act (the ADA). Further information may be found at: Nondiscrimination on the Basis of Disability in State and Local Government Services: United States Code of Federal Regulations, Title 28, Part 35, Washington, D.C. (1991). I. Limited English Proficiency The CAs must insure a current Limited English Proficiency (LEP) policy is in place and in practice. The CA must also have documentation that all providers have implemented the required LEP policy and procedures and are in compliance with related Federal and State requirements. The LEP policies and procedures must include the following, as required by the Office of Civil Rights. 1. Procedures for identifying and assessing the language needs of the CA, individual provider and the geographic area served. Needs must be based on current local and regional census data, as well as other state and regional data. 2. Identified range of oral language assistance options appropriate to the CAs circumstances. 3. How the CA provides notice to LEP persons, in their primary language, of the right to free language assistance, 4. What staff training and program monitoring is performed related to LEP policies and procedures. AU A Statement of Work tritia FY2011 doc Page 18 of 31 abuse services are ATTACHMENT A Provisions for written materials in language other than Englisi where a significant number or percentage of the affected population needs services or information ir a language other than English, to communicate effectively. 6. Provisions for language interpreters who are trained and competent. 7. Statements explaining timely assistance. 8. Statements explaining there will be no charge to the LEP recipient for these services, 9. Provisions regarding use of family member and/or friend as a language interpreter must not be required. Should the consumer choose to use family or friend as an interpreter, both the offering of othe resources, and the consumer's choice, must be documented in viriting. Availability of consumer family and friends as transiator/interpreter will not waive other LEP requirements herein described. 2. Treatment Services a. Medical Necessity Criteria For Substance Use Disorders Supports And Services The CA must assure that treatment service authorization and reauthorization decisions are consistent with the following Medical Necessity Criteria. These criteria are substantively the same as the apolicable criteria for substance use disorders Medicaid services. 1.C, Medical Necessity Criteria "Medically necessary" substance supports, services, and treatment: 1.1.1 Necessary for screening and assessing the presenoe of substance use disorder; and/or 1.1.2 Required to identify and evaluate a substance use disorder; and/or 1.1.3 Intended to treat, ameliorate, diminish or stabilize the symptoms of a substance use disorder: and/or 1.1.4 Expected to arrest or delay the progression of a substance use disorder; and/or 1.1.5 Designed to assist the individual to attain or maintain a sufficient level of functioning in order to achieve 1.1 Att A Statoment of. Worr PY2011.;::::L Page 19 of 11 ATTACHMENT A his/her goals of community inclusion and participation, independence, recovery or productivity. 1.2 The determination of a medically necessary support, service or treatment must be 1.2.1 Based on information provided by the individual, individual's family, and/or other individuals (e.g., friends, personal assistants/aide) who know the individual; and t2.2 Based on clinical information from the individual's primary care physician or clinicians with relevant qualifications who have evaluated the individual; and 1.2.3 Based on individualized treatment planning; and 1.2.4 Made by appropriately trained substance abuse professionals with sufficient clinical experience; and 1.2.5 Made within federal and state standards for timeliness; and 1.2.6 Sufficient in amount, scope and duration of the service(s) to reasonably achieve its/their purpose. 1.3 Supports, services and treatment authorized by the CA must be: 1.3.1 Delivered in accordance with federal and state standards for timeliness in a location that is accessible to the individual; and 1.3.2 Responsive to particular needs of multi-cultural populations and furnished in a culturally relevant manner; and 1.3.3 Provided in the least restrictive, most integrated setting. Residential or other segregated settings shall be used only when less restrictive levels of treatment, service or support have been, for that beneficiary, unsuccessful or cannot be safely provided; and 1.3.4 Delivered consistent with, where they exist, available research findings, health care practice guidelines and standards of practice issued by professionally recognized organizations or government agencies. 1.4 Using criteria for medical necessity, a CA may: 1.4.1 Deny services a) that are deemed ineffective for a given condition based upon professionally and scientifically recognized and accepted standards of care; b) that are experimental or investigational in nature; or c) for which there exists another appropriate, efficacious, less-restrictive and cost- effective service, setting or support, that otherwise Aft A Statemelt of Work n li@l FY2011.cfm Page 20 of 31 ATTACHMENT A satisfies the standards for medically-necessary services; and/or 1.42 Enripioy various methods to determine amount, scope and duration of services, inducing prior authorization for certain services, concurrent utilization reviews, centralized assessment and referral, gate-keeping arrangements, protocols, and guidelines. 1.4.3 A CA may not deny services solely based on PRESET limits of the cost, amount, scope, and duration of services; but instead determination of the need for services shall be conducted on an individualized basis. This does not preclude the establishment of quantitative benefit limits that are based on industry standards and consistent with 1.3.4 above, and that are provisional and subject to modification based on individual clinical needs and clinical progress. b. Clinical Eligibility: DSM IV-TR Diagnosis in order to tie eligible for treatment services purchased in whole or part by state-administered funds under the agreement, an individual must be found to meet the criteria for one or more selected substance use disorders found in the Diagnostic and Statistical Manual of Mental Disorders (DSM IV-TR). These disorders are listed below. This requirement is not intended to prohibit use of these funds for family therapy. is recognized that persons receiving family therapy do not necessarily have substance use disorders. 303.90 Alcohol Dependence 305.00 Alcohol Abuse 303.00 Alcohol intoxication 291.80 Alcohol Withdrawal 291.90 Alcohol-Related Disorder, Not Otherwise Specified 304.40 Amphetamine Dependence 305.70 Amphetamine Abuse 292.89 Amphetamine Intoxication 292.00 Amphetamine Withdrawal 292.90 Amphetamine-Related Disorder, Not Otherwise Specified 304.30 Cannabis Dependence 305.20 Cannabis Abuse 292.89 Cannabis Intoxication 292.90 Cannabis-Related Disorder, Not Otherwise Specified 304,20 Cocaine Dependence 305.60 Cocaine Abuse Att A Statemen! of Work Initial FY2C I I tioc Page 21 :131 ATTACHMENT A 292.89 292.00 292.90 304.50 305.30 292.89 292,90 304.60 305.90 292.89 292.90 304,00 305.50 292.89 292.00 292.90 304.60 305.90 292.89 292.90 304.80 304,10 305.40 292.89 292,00 292.90 304.90 305.90 292.89 292.00 Cocaine Intoxication Cocaine Withdrawal Cocaine-Related Disorder, Not Otherwise Specified Hallucinogen Dependence Hallucinogen Abuse Hallucinogen Intoxication Hallucinogen-Related Disorder, Not Otherwise Specified Inhalant Dependence Inhalant Abuse Inhalant Intoxication Inhalant-Related Disorder, Not Otherwise Specified Opioid Dependence Opioid Abuse Opioid Intoxication Opioid Withdrawal Opioid-Related Disorder, Not Otherwise Specified Phencyclidine Dependence Phencyclidine Abuse Phencyclidine Intoxication Phencyclidine-Related Disorder, Not Otherwise Specified Polysubstance Dependence Sedative, Hypnotic, or Anxiolytic Dependence Sedative, Hypnotic, or Anxiolytic Abuse Sedative, Hypnotic, or Anxiolytic Intoxication Sedative, Hypnotic, or Anxiolytic Withdrawal Sedative, Hypnotic, or Anxiolytic-Related Disorder, Not Otherwise Specified Other (or Unknown) Substance Dependence Other (or Unknown) Substance Abuse Other (or Unknown) Substance Intoxication Other (or Unknown) Substance Withdrawal c. Satisfaction Surveys The CA shall assure that all network subcontractors providing treatment conduct satisfaction surveys of persons receiving treatment at /east once a year. Surveys may be conducted by individual providers or may be conducted centrally by the CA. Clients may be active clients or clients discharged up to 12 months prior to their participation in the survey. Surveys may be conducted by mail, telephone, or face-to-face. The CA must compile findings and results of client satisfaction surveys for all providers, and must make findings and results, by provider, available to the public. Alt A Statement or Work Initial FY2011..rioc Page 22 of 31 ATTACHMENT A IVI,Child Covered Services The CA must assure use of a standardized assessment process, including the American Society of Addiction Medicine (ASAM) Patient Placement Criteria, to determine clinical eligibility for services based on medical ne cessity. Substance use disorders services are covered when medically necessary as determined by the CA. This benefit should be construed the same as are medical benefits in a managed care program. Inpatient (hospital based)ser,ices are covered, but the CA is permitted to substitute less costly services outside the hospital if they meet the medical needs of the patient. In the same way, the CA may substitute services for inpatient or residential services if they meet the child's needs and they are more cost effective. Covered services are as follows: 1. Outpatient Treatment 2. Residential Treatment 3. Inpatient Treatment 4. Laboratory and Pharmacy These benefits apply only when a CA's employed or contracted physician writes a prescription for pharmacy items or lab. Eligibility Eligible pereons are persons of age 18 or less who are determined eligible for the MICnild program by the MDCH and enrolled by the Department's acministrative vendor and live in the region covered by the CA, The CA is reaponsible for determining eligibility and for charging all authorized and allowable services to the MIChild program up to the CA's annual MIChild revenues. Per Enrolled Child Per Month Monthly, MDCH will provide the CA with the federal share of MIChild funds as a per capita payment based upon a Per Enrolled Child Per Month (PECPM) methodology for MIChild covered services. Included with these funds will be an electronic copy of the names of the MIChild enrollees forming the oasis of these calculations. In consideration for accepting the federal fanding pushed to the CA, the CA agrees to redirect existing state general fund dollars to match the MIChild federal FMAP funds (Title XXI d. Att A Statement of V'ori Initial Pe2C1 do c Page 23 of 31 ATTACHMENT A State Children's Health Insurance Program) and carry out the associated substance use disorders program requirements. The PEPCM rate and the federal fund source are updated, as needed, by the Department on an annual basis or as rates change. The PECPM funding is a per capita payment for medically necessary MI Child-covered services including outpatient, residential and inpatient services as authorized by the CA. If the MIChild capitation is not sufficient to serve the MIChild enrollees, use of state-allocated General funds is allowed. Federal SAPT Block Grant funds may not be used for inpatient care. Data Collection and Reporting The CA must account separately for expenses related to MIChild enrollees. Reporting of MIChild revenues and expenditures will be through the RER as indicated in Attachment B to this Agreement and via the Financial Status Report (FSR) as indicated in Attachment D to this Agreement. In the event that program costs are less than PECPM revenues and the state match amounts, the CA may retain the balances as Local funds. in the event that program costs are greater than the federal PECPM and state match amounts, the CA may use other State Agreement funds budgeted for treatment in this Agreement The MIChild balances, as reported on the ABW/MIChild Year-end Balance Worksheet, are the Actual Revenues minus the Actual Expenditures. if reporting year-end unspent fund balances on this Worksheet, the agency must report BOTH the state match balance and the federal PECPM balance. The state match fund balance, along with the federal PECPM fund balance, cannot be expended in the same fiscal year as earned. These unexpended funds must be carried forward into the next fiscal year and reported as Local funds. The funds become Local funds only after Department acceptance of the final RER. The funds must be expended consistent with requirements in this Agreement, pertaining to State Agreement funds, to support the CA's substance abuse program. Enrollees who receive substance use disorder services must be entered into the Substance Abuse Disorder Statewide Client Data System following the instructions in the data reporting specifications. Alt A Statemen: of Work IniVa FY2011_c(coc: Page 24 of 31 ATTACHMENT A Fer the reqeired reporting of encounters for MIChild eligible clients, the CA wi I report these encounters via the 837 as follows: 2COOB Subscriber Hierarchical Level SBR Subscriber Information SBRO4 Insured Group Name: Use "MIChild" for the group name. Access Timeliness Access timeliness requirements are the same as those applicable to fvledicaid substance use disorders services, as specified in the agreement between MDCH and the PIHPs. Access must be expedited when appropriate based on the presenting characteristics of individuals. e. Adult Benefit Waiver Withholds of State Share Amounts Al3W per member per month gross payments for ABVV SUD will be paid to PIHPs. The state portion of the gross will be drawn from existing CA GF allocations through withholds on prepayments to CAs, and then paid to the P'HPs by the Department near the end of the month. The amount of each w thhold will be determined by the Department based on the following formula: • the projected beneficiary count per county (or city, in the case of Detroit) that is within a CA region and also within a PIHP region, multiplied by • the state share of the gross rate less use tax, multiplied by • the PIHP's geographic factor. A ijustmeres in the amounts of the monthly withholds will be made periodically to correct for differences between projected and actual beneficiary counts. Lise of State-Administered Funds for ABW Enrollees A3W funds are first source for all services, both covered and optional, provided to ABW beneficiaries. Other funds provided through the WDCH/CA contract cannot be used for ary services to ABW beneficiaries if ABW funds are available. "Available" includes ABW gross revenues (fe,deral share and state share) received and not expended during FY 2011, Pat A Statement cf Initial FY20 .'1.fix page 25 of 31 g. 6 ATTACHMENT A f. Intensive Outpatient Treatment — Weekly Format The CA may purchase Intensive outpatient treatment (10P) only if the treatment consists of regularly scheduled treatment, usually group therapy, within a structured program, for at least three days and at least nine hours per week, Services for Pregnant Women, Women with Dependent Children, Women Attempting to Regain Custody and Their Children The CA must assure that providers screen and/or assess pregnant women, women with dependent children, and women attempting to regain custody of their children to determine whether these women need and request the defined federal services that are listed below. All federally mandated services must be made available within each CA region. Financial Requirements on Initial and Fin ql RER The CA has been assigned an expenditure target for Women's Specialty Services in the CA's initial allocation letter. State general fund dollars and the state share of Medicaid dollars, as well as SAPT Block Grant dollars, can be counted toward the expenditure target. CAs must report on their RERs. in the Women's Specialty column, all allowable expenditures for Women's Specialty Services, and only allowable expenditures. Financial Requirements on Quarterly FSRs On each quarterly FSR, the CA must report all allowable Women's Specialty Services expenditures that utilize State Agreement funds. Those funds are Community Grant and/or State Disability Assistance. Treatment Episode Requirements For TEDS reporting purposes, the Agency must code 'yes' for all women eligible for and receiving qualified women's specialty services. At admission, this can be coded based on eligibility. To qualify, the women must be either pregnant, have custody of a minor child, or be seeking to regain custody of a minor child. The provider must be certified by the agency as gender competent. For all services that qualify based on qualifying characteristics both of the women and of the provider, the HD modifier must be used (See Attachment E/Section I Data Requirements: Substance Abuse Encounter Reporting HCPCS and Revenue Codes Chart). Att A Staternelt of Work Initia; FY2011 doe Page 26 of 31 ATTACHMENT A Reguirements Regarding Providers Wamen's Ebecialty Services may only be provided by providers that are gender-competent and that meet standard panel eligibiiity requirements. The provider may be designated by the Department as Women's Specialty providers, but such designation is not required. The CA must continue to prpvide choice from a list of providers who offer gender competent treatment and identify providers that provide the additional services specified in the federal requirements. Federal Requirements Federal requirements are contained in 45 CRF (Part 96) section 96.124, ar d may be summarized as: Providers receiving funding from the state-administered funds set aside for pregnant women and women with dependent children must provide or arrange for the 5 types of services, as listed below. Use of state- administered funds to purchase primary medical care and primary pediatric care must be approved, in writing, in advance, by the Department centract manager. 1, Primary medical care for women, including referral for prenatal care if pregnant, and while the women are receiving such treatment, chic care; 2. Primary pediatric care for their children, inciuding immunizations 3. Gender specific substance use disorders treatment and other therapeutic interventions for women, which may address issues of relationships, sexual and physical abuse, parenting, and childcare while the women are receiving these services; Therapeutic interventions for children in custody of womer in treatment, which may, among other things, address their developmental needs, issues of sexual and physical abuse, and neglect: and 5. Sufficient case management and transportation to ensure That women and their dependent children have access to the above mewioned services. Women with dependent children are defined to ilclude women in treatment who are attempting to regain custody of their ciVdren, At A Statement of 1tioN Initial FY20 il.coc Page 27 of 31 ATTACHMENT A The above five types of services may be provided through the MDCH/CA agreement only when no other source of support is available and when no other source is financially responsible. h. Admission Preference and Interim Services The Code of Federal Regulations and the Michigan Public Health Code define priority population clients. The priority populations are identified as follows and in the order of importance: 1. Pregnant injecting drug user. 2. Pregnant. 3. Injecting drug user. 4. Parent at risk of losing their child(ren) due to substance use. 5. All others. Access timeliness standards and interim services requirements for these populations are provided in the next section. i. Access Timeliness Standards The following chart indicates the current admission priority standards for each population along with the current interim service requirements. Suggested additional interim services are in italics: Admission Priority Requirements population Admission Re uirernent Interim Service Requirement Auth • Begin within 48 hours: 1) Screened and referred Beg CFR 96.121; 1. Counseling and education on: within 24 hours CFR 96.131; a 2) Detoxification, ) HIV and TB Treatment b) Risks of needle sharing Methadone or Policy #04 Pregnant c) Risks of transmission to Residential —Offer injecting sexual partners and infants Admission within 24 Drug User d) Effects of alcohol and drug business hours use on the fetus Other Levels or Care — 2. Referral for pre-natal care Offer Admission within 48 3. Early Intervention Clinical I rs Recommended . Business hou Services . .., . 1) Screened and referred Begin within 48 hours CFR 96.121; within 24 hours Ii. Counseling and education on: CFR 96.131; Pregnant 2) Detoxification, a) HIV and TB Substance Methadone or b) Risks of transmission to i Use Residential — Offer sexual partners and infants 1 Disorders admission within 24 c) Effects of alcohol and drug business hours use on the fetus , Other Levels or Care — 2. Referral for pre-natal care _I Alt A Statement of Work Initial iY201't.doc Page 28 of 31 ATTACHMENT A Population Admission Requirement 1 interim Service Requirement Authority Offer Admission within 48 3, Early intervention Clinical Recommended .1 Ksiness hours 1 Services ! ' Begin within 48 hours — 1 maximum waiting time 120 CFR 96.121; days CFR 96.126 1. Counseling and education on: Screened arid referred Injecting . HIV and TB wtin 24 hours; Offer Drug User b) Risks of needle sharing I Ac mission within 14 days . c) Risks of transmission to sexual partners and infants i 2. Early Intervention Clinical Recommended L ; Services I I Begin within 48 business hours ' Michigan Public Parent at 1 Screened and referred 1 Health Code I Risk of wr-hin 24 hours. Offer Section 6232 , Losing Ac mission within n 14 days Early Intervention Clinical Services Recommended 1 ,. CFR 96.131(a) Screened and referred —sets the order wrhin seven calendar . All Others Not Required of priority: , days. Capacity to offer MDCH and CA Ac mission veithin 14 days contract I Earmark-funded Special Projects: Reporting Requirements This reportilg requirement applies to only four CAs: • Genesee County CMH, with respect to Flint Odyssey House • Macomb County CMH, with respect to Sacred Heart Rehabilitation Center • network 80, with respect to Hispanic Services • Saginaw County Health Department, with respect to Saginaw Odyssey House These four CAs must submit an annual Earmark-funded Special Projects Report by November 30, 2010 that contains the following information: 1. The name of the CA whose residents were served through the earmarked funds during the year; 2, The number of persons served by that CA, through those funds; and J. AA A Statemeit of \Nor: heal FY20 ! !.doc Page 29 of 3', ATTACHMENT A funds used for information dissemination must be part of a multi-faceted regional prevention strategy, rather than independent, stand-alone activity. The CA must monitor and evaluate prevention programs at least annually to determine if the program outcomes, milestones and other indicators are achieved, as well as compliance with state and federal requirements. Indicators may include integrity to prevention best practice models including those related to planning prevention interventions such as risk/protective factor assessment, community assets/resource assessment, levels of community support, evaluation, etc. A written monitoring procedure, which includes requirements for corrective action plans to address issues of concern with a provider, is required. b. Fetal Alcohol Spectrum Disorders (FASD) Prevention Project/ Parent Child Assistance Program (PCAP) (Applies Only To Agencies Who Have Allocations For This Program) • The funds are to support allowable project expenditures during the current fiscal year period; • Expenditures must be reported in a separate column on the CA's initial and final RERs, utilizing one of the 'Other columns. Title the column "Fetal Alcohol Spectrum Disorders (FASD) Prevention Project" • Expenditures must be reported on the coordinating agency's quarterly FSRs. • Funds may not be used to pay for anything other than those within the budget detail; • The CA must supply its own computer equipment; and • Data must be entered into the web-based system provided by Northrop Grumman as required by the PCAP model design. ALI A State~ioN of Wcri: livtial FY2011 doc Page 31 of 31 ATTACHMENT A 3. The total amount of earmarked funds paid to the previder for those serv s.es. See AttachTient E-Other Requirements for this annual report form and form instructions. This report will be submitted via EGrAMS, as an 'Attachment Report. 3. Prevention Services a. Prevention Requirements Prevention funds may be used for needs assessment and related activities. All prevention services must be based on a formal local needs assessmert, The Department's intent is to move toward a community-based. consequence-driven model of prevention. In the meantime, based on needs assessment, prevention activities must be targeted to high-risk groups and must be directed to those at greatest risk of substance ...Ise disorders and/or most in need of services within these high-risk groups. C 4s are not required to implement prevention programming for all high- risk groups The CA may also provide targeted prevention services to the general population. The high risk subgroups include but are not limited to: children of substance abusers; pregnant women/teens; drop-outs; violent and delinquent youth; persons with mental health problems; economically disadvantaged citizens; persons who are disabled; victims of abuse; persons already using substances; and homeless and/or runaway youth. Afditionaily. children exposed prenatally to ATOD are identified as a high- risk subgroup. P revention services must be provided through strategies identified by CSAP. These strategies are: information dissemination; education; alternatives; problem identification and referral; community based processes; and environmental change. Prevention-related funding limitations the CA must adhere to are: 1) A rraximum of 35% of prevention funding may be used for school based activities as part of the usual school day, 2) CA expenditure requirements kr prevention, including Synar, as stipulated in the CA's allocation letter, 3., 90% cf prevention expenditures are expected to be directed to programs which are implemented as a result of an evidence-based decision making process, 4) Alternative strategy activities, if provided must reflect evidence-based approaches and best practices such as multi- generational and adult to youth mentoring, anc 5) state-administered Att A Staternert of We k !ride! FY20 4 !.doc Page 30 of 31 FISCAL NOTE (MISC . #10317) December 9, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — 2010/2011 SUBSTANCE USE DISORDER GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Department of Health and Human Services/Health Division has been awarded $4,135,676 in Substance Abuse Grant funds from the Michigan Department of Community Health (MOCK). 2. The new grant award is a reduction of ($448,237) from the previous year's 2009/2010 award of $4,583,913. 3. The award of $4,135,676 is $656,902 less than the FY 2011 budget of $4,792,578 and therefore, a budget amendment of $656,902 is recommended. 4. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency 5. The grant period extends from October 1, 2010 through September 30, 2011. 6. The Fiscal Year 2011 budget is amended as follows: Health MDPH OSAS (Fund 28249) Budget Reference 2011 / GR0000000203 Revenues 1060261-134790-610313 Federal Revenue 1060261-134790-615571 State Revenue Expenses 1060261-133685-730373 Contract Sys. 1060261134790-730926 Indirect Costs 1060261-133405-730373 Contract Sys. 1060261-133950-730366 Contract Adm 1060261-134790-730366 Contract Adm. 1060261-134790-730373 Contract Sys. 1060261-134800-730366 Contract Adm. 1060261-134800-730373 Contract Sys. FY 2011 FY 2011 FY 2011 Amended Adopted Adjustment Budget $4,792,578 $(1,484,037) $3308541 827,135 827,135 $4,792,678 $ (656,902) $4,135,676 150,333 (150,333) 0 22,221 64,255 86,476 630,700 33,835 664,535 . 239,498 (20,995) 218,503 337,754 70,466 408,220 2.881,547 (527,650) 2.353.897 522,720 (118,675) 404,045 7r805 (7,805) 0 $4,792,678 $ (656,9021 $4,135,676 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. Resolution #10317 December 9, 2010 Moveo oy Middleton supported by Coleman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson,,Gingell, Greimel, Hatchett, Jackson, Jacobsen. Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack (22) NAYS: (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I 1EREEIY APP3CfVE THE FORfa0)10 RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) Ruth Johnson, Clerk of the County of Oakland. do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 9, 2010, with the original record thereof now remaining in my office In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac. Michigan this day of December, 2010. V / )-1/ qb ° Ruth Johnson, County Clerk