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HomeMy WebLinkAboutResolutions - 2010.10.06 - 10293Resolution #10236 September 23, 2010 MISCELLANEOUS RESOLUTION 110236 September 23, 2010 BY: General Government Committee, Christine Long, Chairperson IN RE; DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - RENEWAL OF THE INTER- GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Health Division, Office of Substance Abuse Services, coordinates substance abuse services in Oakland County under a contract with the Michigan Department of Community Health (MDCW: and WHEREAS MDCH and the Oakland County Community Mental Health Authority ;OCCMHA) have entered into a contract to provide substance abuse services to Medicaid recipients; and WHEREAS an :nter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority was negotiated for the Health Division by Corporation Counsel and the DepartMent of Human Services; and WHEREAS the Oakland County Health Division has been providing substance abuse services to Medicaid recipients and is willing to continue this service subject to the terms and conditions outlined in the ongoing inter-governmental agreement; and WHEREAS Oakland County Health Division, as the designated Coordinating Agency for Oakland County, continues to have the capacity to administer Medicaid funds and to deliver services through a treatment network of substance abuse providers; and WHEREAS the Oakland County Corporation Counsel has developed the attached IneeieveinenLal Contract which facilitates this transaction. WHEREAS the Inter-Governmental Agreement is effective upon approval and will remain in effect until terminated by either of the parties; and WHEREAS the Contract calls for OCCMHA to pay to Oakland County $2,200,000 annually for Specialty Substance Abuse Medicaid Services for Fiscal Years 2010 and 2011 and up to $125,000 and $300,000 annually for Fiscal Years 2010 and 2011 respectively for Substance Abuse Adult Benefit Waiver; and WHEREAS acceptance of these funds does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Inter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority, BE IT FURTHER RESOLVED that services associated with this contract be contingent upon continued funding at a level sufficient to maintain the services. BE IT FURTHER RESOLVED that the Board Chairperson is authcrized to execute the agreement and approve changes and extensions not to exceed fifteen percent (15%) which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE (1)0, a Lone GENERAL GOVERNMENT COMMIT7EE: Motion carried unanimously on a roll call vote with Potts absent. The Chairperson referred the resolution to the Finance Committee. There were no objections. OAKLAND COUNTY INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY This Agreement ("Agreement") is made and entered into between the County of Oakland, ("County"), a Michigan Constitutional and Municipal Corporation, a political subdivision of the state of Michigan, and the designated Coordinating Agency per MCL 333.6201 et seq., whose address is 1200 North Telegraph, Pontiac, Michigan 48341 and the OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY (hereafter "CMH Authority"), a Michigan Statutory Public Governmental Entity (MCL 330.1100a(12), Federal Employer I.D. #38- 3437521). created pursuant to the Michigan Mental Health Code (P.A. 1974, No. 258, MCL 330.1100, et seq., hereafter "Mental Health Code"), whose address is 2011 Executive Hills Blvd., Auburn Hills, MI 48326. In this Agreement, either the CMH Authority or the County may also be referred to individually as a "Party" or jointly as the "Parties." PURPOSE OF AGREEMENT. The CM}{ Authority is seeking to purchase services from the Oakland County Health Division — Office of Substance Abuse, The County agrees, subject to the terms and conditions set forth in this Agreement, to provide the C1v1H Authority with substance abuse services for Medicaid recipients and the Michigan ABW Non-Pregnant Childless Adult Waiver (Adult Benefits Waiver) Section 115 Demonstration ("ABW'). The Parties are authorized to enter into this Agreement pursuant to P.A. 1967, No. 7 (MCL 124.501 et seq.). In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree as follows: 1. DEFINITIONS. In addition to any other defined terms in this Agreement (e.g., "Aareement," "County," "Mental Health Code," "CMH Authority," "Party," or "Parties," etc.), the Parties agree that for all purposes, and as used throughout this Agreement, the following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, and interpreted as follows: 1.1. Claim(s) means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding. judgrnent, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County Page 1 af 1/J or CMH Authority, as defined herein, whether such claim is brought in law or equity, tort, contract, or otherwise, 1,2. CMH Authority as defined on the first page of this Agreement, and shall be further defined to include any and all "CMI-1 Agents" as defined herein. 1.3. CMII Authority Agent shall be defined to include, any and all CMB Authority Contractor(s)' employees, officers, directors, board members, concurrent board members, managers, departments, divisions, trustees, volunteers, licensees, concessionaires, subcontractors, vendors, subsidiaries, joint ventures or partners, and/or any such CMH Authority Contractor(s)' successors or predecessors and any such successors' or predecessors' employees (whether such persons act or acted in their personal, representative or official capacities), and/or any and all persons acting by, through, under, or in concert with any CMH Authority Contractor(s) "CIVLH Authority Agency" shall also include any person who was a CMH Authority Agent any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or serving as a CMI-1 Authority Agent, without limitation, any and all employees, officers, directors, members, managers, departments, and divisions of the CMH Authority (whether such persons act or acted in their personal, representative or official capacities but shall NOT include the County or "Concurrent Board Member" as defined herein. 1,4. Concurrent Board Member shall be defined as any Oakland County Commissioner who is also serving as a member of the Oakland County Community Mental Health Authority Board. 1.5. Consumer shall be defined to include any person who is identified and determined by the County, pursuant to State law to be either eligible for substance abuse services under the ABW or Medicaid. The recipient shall reside in the geographic area serviced by the CMH Authority, and meet the Clinical Eligibility requirements for the Medicaid substance abuse services plan or the ABW and who can possibly benefit from, and/or actually receive any substance abuse services, and may also include any such person's family members, legal guardians or representatives or any such person's appointees or assigns. 1.6. County As this term may be used in this Agreement, "County" shall be further defined to include any and all "County Agents," as defined herein. 1.7. County Agent shall be defined as any and all elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, third-party contractors, departments, divisions, volunteers, representatives, and/or any such persons' successors (weather such persons act or acted in their personal representative or official capacities), and/or "County Agents" shall also include any person who was a County Agent any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected and serving as an County Agent, and shall include the any -Concurrent Board Member." 1.8. Day shall he defined as any calendar day, which shall always begin at 12:00 a.m. and end at 11:59;59 p.m. Page 2 of IS 2. COUNTY SERVICES FOR THE CAM AUTHORTTX Subject to the terms and conditions in this Agreement, and except as otherwise provided by law ; the County shall provide those services for the CMH Authority as described in Attachment B attached to this Agreement and hereby incorporated and made part of this Agreement. The Parties intend, agree, and acknowledge that no services, other than those services described in this Agreement, shall or are otherwise required to be provided by the County for or to the CMH Authority. Additional services may be contracted by mutual agreement between the Parties, 2.1. Except as otherwise provided within this Agreement, neither the County nor any County Agents shall be responsible for assisting or providing any other services not described in Attachment B or assistance to the CMII Authority or assume any additional responsibility for assisting the CMH Authority, in any other way or manner. 2.2. All County services identified in this Agreement shall be subject to all applicable County rules and regulations regarding the provisions of any such services, including, but not limited to, adequate notice and/or limitations on special requests ands/or priority or rush assignments. 2.3. Nothing contained in this Agreement limits or is intended to limit in any way County's right to offer and provide any similar or related services to the general public or any other business entities, municipalities or governmental agencies, during or after any term of this Agreement, or from sub-contracting and or delegating any County duty or obligation hereunder to any third person except as provided by this Agreement. 2.4. The CMH Authority agrees that it has relied entirely upon its own investigation and/or has had ample opportunity to conduct such an investigation of all material facts, applicable conditions, and all such other circumstances that affect the Oval Authority's decision to enter into this Agreement for any of the specified County Services herein and that it has completely satisfied itself in these regards. 3. CMH AUTHORITY PAYMENT QiILLGATION FOR COUNTY SFRITICT,c 3.1. Subject to the terms and conditions of this Agreement the CMH Authority agrees to pay to the County on a monthly basis the dollar amount described in Attachment A. This amount shall be paid to the County within the five days of the CMH Authority receiving the Medicaid capitation payment from the State, via a wire transfer to a bank account designated by the County. 3.2. The Parties agree that the dollar Amount in Attachment A is subject to change. The CMI-1 Authority will notify the County via a written notice at least 30 days in advance of any such change, and the notice shall detail the change in the dollar amount. Furthenhore, if the dollar amount described in Attachment A should change either by increase or decrease the level of services provided by the County will change accordingly to match that increase or decrease in funds. At no time will the County be required to perform services for which it will not be paid or reimbursed. Pap 3 of 18 3.3. Notwithstanding any references in the Attachments to this Agreement, the Parties agree that any and all references to "capitation," "Per Eligible Per Month (PEPM) payments," "shared-risk," "risk" of any sort, or any maximum payment obligation shall be completely void and without any effect in interpreting this Agreement. 3.4. Unless there is a termination as provided for herein, the CIVIE Authority's obligations set forth in this Section, shall be absolute and unconditional and shall not be affected by the occurrence of either Party's default of any term or condition of this Agreement, nor shall any other occurrence or event relieve, limit, or impair the obligation of the CMH Authority to pay any such amount due to the County. 3.5. In the event that any amount due and owing from the C/Vd1 Authority is not paid to the County as otherwise required in this Agreement, the CMia Authority agrees that the County may, at its sole option, recover any and all such amounts determined by the County to be then due and owing by the CM1-1 Authority by and through any combination of reduced payments, set-off, and/or withholding of any CMI-1 Authority funds then in the possession of the County that would otherwise have been paid to the CM1-1 Authority by the County pursuant to the Mental Health Code and/or any prior County funding commitment. 3.6. This Section shall not be interpreted as prohibiting, limiting or preventing the Parties from mutually recognizing and agreeing that any amount invoiced by and/or received or paid to the County in connection with this Agreement was in error and voluntarily agreeing to correct same. 3.7. The County agrees to submit on the 28th of each month, for the month prior, a Financial Status Report (FSR) that includes monthly expenses as well as projections for the remainder of the fiscal year. Year end preliminary reports are due on October 31 with the final full year FSR due on November 10th. 3.8. The Contract Amount per the Attachment A for the applicable fiscal year represents a Not To Exceed Amount (NTE) and is the maximum financial obligation of the ClvIE Authority to the County for that fiscal year. If the Contractor projects their expenses will exceed the NTE the County will submit to CMH Authority in writing a request for additional funds as soon as projections indicate a potential overage but no later than September 30th of the current fiscal year. Upon this notification the County and CME Authority will discuss potential adjustments to the NTE. 3.9. Cost Settlement & Audit For each fiscal year (October 1 through September 30), cost settlement will be based on a comparison of the Attachment A categorical amounts, as amended by CMH Authority, to the County's actual, allowable, net expenses incurred and reported for the period, 4. ASSURANCES AND WA_RRANTIES. 4.1. The CME Authority agrees to comply with the provisions of any and all laws relating to nondiscrimination and conflict of interest with governmental employees and, specifically, any County Agent. The CMIT Authority warrants to avoid any conflict of interest, whether real or perceived. Psge 4 of 18 4.2. Any and all County services set forth in this Agreement are provided on an "as-in" and "as-available" basis, without any warranty of any kind, to the maximum extent permitted by applicable law. The County hereby expressly fiirther disclaims any and all warranties, of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non- infringement, and/or that any County services under this Agreement will meet any ClvIH Authority's needs or requirements, will be uninterrupted, timely, secure, error or risk free/or that any deficiencies in any County service. The entire risk arising out of the use of any and all County services herein remains at all times, with the CMH Authority to the maximum extent permitted by law. 5. NO INDEMNIFICATION. 5.1. Each Party shall be responsible for any Claims made against that Party and for the acts of its Employees or Agents, 5.2, In any Claim that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation including any attorney fees. 5.3. Except as otherwise provided in this Agreement, neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its employees or Agents in connection with any Claim. 5.4. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party, 6. LIMITS AND EXCLUSIONS ON COUNTY SERVICF'N 6.1. In no event and under no circumstances in connection with or as a result of this Agreement shall the County be liable to the CMH Authority, or any other person, for any consequential, incidental, direct, indirect, special punitive, or other similar damages whatsoever (including, without limitation, damages for loss of business, profits, business interruption, or any other pecuniary loss or business detriment) arising out of this Agreement for any County services hereunder or any CME Authority use or inability to use any County services, even if the County has been advised of the possibility of such damages. 7. NO IMPLIED WAIVER Except as otherwise expressly provided for in this Agreement: 7.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. Page S or IS 7,2. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. 7.3. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 8. MONITORING. 8.1. The CMH Authority will perform regular monitoring and reporting on the County's performance and the County agrees to cooperate with the monitoring. 8.2. The CMIH Authority shall complete on-site reviews and/or audits of the County at least annually and has the right to investigate alleged compliance violations by the County. 8.3. The CMII Authority shall prepare a report summarizing the findings from the on-site review and/or audit and shall forward a copy of the report to the County within 60 days of completion of the review and/or audit. 9. AUDITING. The County agrees that financial records will be available upon request for review or audit by C/v111 Authority or other appropriate officials. 10. AGREEMENT INTERPRETATION. The Parties agree that performance under this Agreement will be conducted in compliance with all federal, Michigan, and local laws and regulations. This Agreement is made and entered into in the County of Oakland and in the State of Michigan. The language of all parts of this Agreement is intended to and under all circumstances to be construed as a whole according to its fair meaning and not construed strictly for or against any Party. 11. EFFECTIVE DATE AND DURATION OF THE AGREEMENT, 11.1. The Parties agree that this Agreement, and/or any subsequent amendments thereto, shall not become effective prior to the approval by the Oakland County Board of Commissioners and the Clval Authority. The approval and terms of this Agreement, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of the Oakland County Board of Commissioners and the CMII Authority Board and shall also be filed with the office of the Clerk of the County. 11.2. The Parties further agree that this Agreement, and/or any subsequent amendments thereto, shall not become effective prior to the filing of this Agreement, andlor any possible subsequent amendments with the Michigan Secretary of State (IVICL 124.510). 11.3. This Agreement shall remain in effect until it is cancelled or terminated by either of the Parties as provided herein. Page 6 of 18 12. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all purposes under the terms of this Agreement. the County's and/or any and all County Agents' lead status and relationship to the CM1-1 Authority shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, agents, and servants during the term of this Agreement. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Agreement. 13. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or cancel this Agreement upon ninety (90) Days written notice to the other Party. The effective date of termination and/or cancellation shall be clearly stated in the written notice, Termination of this Agreement does not release any Party from any obligations that Party has pursuant to any law. 13.1. The Parties agree and acknowledge that either Party's decision to terminate and/or cancel this Agreement, or any one or more individual County Services identified herein, shall not relieve the CMH Authority or any CMH Authority payment obligation for any County Services rendered prior to the effective date of any termination or cancellation of this Agreement. The provisions of this Subsection shall survive the termination, cancellation, and/or expiration of this Agreement. 14. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 15. RECORD RETENTION. The Parties agrees to maintain records in accordance with state law. All records relative to this Agreement shall be available at any reasonable time for examination or audit by personnel authorized by CMH Authority or law. 16. CORPORATE COMPLIANCE. The County shall have a Corporate Compliance Plan and/or Policy. The Plan shall advance the prevention of fraud, abuse and waste providing health care and to detect misconduct or wrongdoing. The CMH Authority shall monitor the implementation of the Plan. The County shall investigate any reported allegations of fraud and abuse related to the purchase of services funded through this Agreement. The County shall notify the CM1-1 Authority within 48 hours of becoming aware of any such allegation(s). The County shall also notify the CMH Authority of the outcome of the investigation completed by the County. 17. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 e`HIPAA"). This Parties agree that this section represents a Memorandum of Pstge : 0118 Understanding between the Parties to comply, when applicable, with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical health Act ("HITECI-1 Act") provisions of the American Recovery and Reinvestment Act of 2009 ("ARRA") and the implementing federal regulations such as those found at 45 CFR 160 through 164 inclusive. 18. DELEGATION/SUBCONTRACT/ASSIGNIVIENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 19. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond the Party's control, including, but not limited to, an act of God, war, fire. strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the other party of any such event. 20. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shalt be deemed severed from this Agreement. All other terms, conditions. and provisions of this Agreement shall remain in full force. 21, CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 22. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery sell/ice or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 22.1. If Notice is sent to the County, it shall be addressed and sent to: 1200 North Telegraph, Pontiac, Michigan 48341. 22.2. If Notice is sent to the CMH Authority, it shall be addressed and sent to: 2011 Executive Hills Blvd., Auburn Hills, MI 48326 Page 8 of 18 22.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 23. GOVERNING LAW. This Agreement shall be governed_ interpreted, and enforced by the laws of the State of Michigan without giving effect to its conflict of law principles. 24. JURISDICTION AND VENUE. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim(s) arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set fort above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Agreement to enforce such judgment in any appropriate jurisdiction. 25. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties. The Parties agree that no such modification, rescission, waiver, release or amendment of any provision of this Agreement shall become effective against the County unless signed for by the Oakland County Board of Commissioners. The Parties further agree that this Agreement shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or encrnm shall he deemed to amend or modify this Agreement in any manner. 26. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the Parties along with Attachments A and B. In entering into this Agreement, CMII Authority acknowledges that it has not relied upon any prior or contemporaneous agreement, representation, warranty, or other statement by the County and/or any County Agent that is not expressly set forth in this Agreement, and that any and all such possible, perceived or prior agreements, representations, understandings, statements, negotiations, understandings and undertakings, whether written or oral, in any way concerning or related to the subject matter of this Agreement are fully and completely superseded by this Agreement. 26.1. If there is a contradicting term or condition in any Attachment to this Agreement, the Agreement controls. 26.2. It is further agreed that the terms and conditions of this Agreement are contractual and binding and are not mere recitals. The Parties acknowledge that this Agreement contains certain limitations and disclaimers of liability. Page 91)118 OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY: BY: DATE: Deputy Executive Director BY: DATE: Chief Financial Officer THE COUNTY OF OAKLAND BY: DATE: Chairperson, Oakland County Board of Commissioners Page 10 of 18 OAICLAND COUNTY INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY ATTACHMENT A PIHP Specialty SA Medicaid Services Monthly Annual NTE FY10 $183,333.33 $2,200,000.00 FYI 1 5183,333.33 $2,200,000.00 SA Adult Benefit Waiver Monthly Annual Nil FY10 $25,000.00 $125,000.00 FY11 525,000.00 $300.000.00 Procedure codes are subject to change, and it is expected that the County will utilize the current version of the Procedure Code Manual. Medicaid allowable codes: 90801 Psych Eval (60 Minutes) 90804 Individual (30 Minutes) 90806 Individual (60 Minutes) 90807 Med Eval 90808 Intake (90 Minutes) 90846 Family Psychotherapy (Consumer not present) 90847 Family Psychotherapy (60 Minutes) 90853 Group Therapy (60 Minutes) 90862 Ivied Review H0001 Assessment H0002 Behavioral Health Screening (covered by PIHP but not reportable to State) H0005 Didactic Group H0010 AlcohoLgrug Sub-acute Detoxification Page 1] at 18 110015 Intensive Outpatient H0018 Crisis or Alcohol/Drug Residential Treatment. Short Term H0019 Alcohol/Drug Residential Treatment-Long Term 110020 Medication Methadone (includes labs and physician costs) H0033 Pharmacologic Support ABW allowable codes: 90803 Psych Eva! (60 Minutes) 90804 Individual (30 Minutes) 90806 Individual (60 Minutes) 90807 Med Eval 90808 Intake (90 Minutes) 90846 Family Psychotherapy (Consumer not present) 90847 Family Psychotherapy (60 Minutes) 90853 Group Therapy (60 Minutes) 90862 Med Review H0001 Assessment H0002 Behavioral Health Screening (covered by PIHP but not reportable to State) 110005 Didactic Group H0015 Intensive Outpatient H0020 Medication Methadone (includes labs and physician costs) H0033 Pharinacologic Support Page 12 of 18 OAKLAND COUNTY INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY ATTACHMENT B SCOPE OF SERVICES I. SUPPORTS AND SERVICES: A, The County shall assure and demonstrate provision of comprehensive services as outlined in the Contract for individuals eligible for Adult Benefit Waiver and Medicaid services. B. The County agrees to provide Substance Abuse Services as specified in the most recent version of the Medicaid Provider Manual for adults and children with substance use disorders, and co-occurring substance use disorders. All supports and services provided by the County and its subcontractors shall he developed, planned, and delivered through a person-centered method. Supports and services must advance consumer recovery, resiliency, self-determination and be co- occurring capable. II. ADMINISTRATIVE RESPONSIBILITIES: A. The County when practicable, and only when authorization has been obtained from the Consumer, shall ensure that coordination of care occurs between the consumer's Primary Care Physician and Medicaid Health Plan. B. Required Staff Training(s): The County understands that various federal and state rules and regulations impose specific training requirements on the Parties. The County agrees that its entire staff will receive all required training(s) as applicable. The County also agrees to document the completion of applicable training in the personnel file of each staff. Pagc 12. of 18 C. Cultural Competency: The County must assure meaningful service for persons with diverse cultural backgrounds (including, but not limited to religious, ethnical, geographical, geriatric, socioeconomic, andior disability). The County shall assess the population(s) it serves, collaborating with other community agencies (e.2., Council on Aging) and training staff on any identified cultural issues. D. Relationship with Other Providers (Contractors): The County when practicable shall collaborate with agencies in the community to the benefit of the consumer. Such agencies include but are not limited to hospitals, intermediate school district, local schools, faith based organizations, courts, law enforcement, community corrections, substance abuse, Indian Health Services and Tribal Health Centers, Early On and other early intervention programs that are essential to positive outcomes to our community. E. Advance Directives. The County agrees to comply with federal and state law regarding Advance Directives, F. Customer Services: 1. Orientation: The County will provide orientation to newly enrolled Consumers. Orientation will include information about benefits and services provided by Oakland County's Office of Substance Abuse Services. 2. The County will acknowledge receipt of support and for Federal and State funds from the Michigan Department of Community Health andlor Oakland County Community Mental Health CM1-1 Authority in any articles or publications that are produced utilizing any such funding. 3. Grievance: The County will have a policy, procedures and a process to document the number and nature of grievances and complaints brought to the County. G. Due Process: The County shall take reasonable steps to inform new Consumers of its Due Process procedures. The County and its subcontractors will provide Adequate or Advance Notice whenever there is a proposed or actual denial, termination, suspension or reduction in services requested by or provided to a Consumer. Page 14 of 1N 1. All such notices will be provided in accordance with State and Federal regulations, 2. The County will use notice formats approved by both Parties, and will submit required data elements according to the schedule adapted as set forth in this Contract and/or any applicable State or Federal statute or rule. H. Recipient Rights: I. The County will, and will require its subcontractors to, at every service site, make readily available to all employees and staff, and if applicable, will post in a conspicuous place and/or make available, the following: a. A summary of all recipient rights guaranteed by the Public Health Code; b. Provide unrestricted access to Rights Complaint forms, Your Rights booklets, and MDCH Request for Administrative Hearing form to recipients and others; c. Post the MDCH/Office of Recipient Rights (ORR) Reporting Requirements poster for staff; d. Have available for review by any recipient or others, the Medicaid Services Administration (MSA) Manual and Bulletins; 1. Provider Network Management: The County will ensure adequate service capacity for the population served under this Contract directly or through a provider network. The development and management of the County's provider network will include, but is not limited to, the following: Development of provider contract language including boilerplate language payment models, performance expectations, operating expectations, dispute resolution processes, sanctions, incentives, etc Negotiation of contracts Monitoring subcontractors for compliance with all aspects of the Contract. Sanctioning subcontractors. Managing the comprehensive review process and part of Contract renewal. J. Service Cost Tables Reporting: The County agrees to cooperate with and participate in CM11 Authority's cost integrity process. The County agrees to Page 15of 18 develop and submit to MI Authority Service Cost Tables upon request by the CMI-I Authority. The County agrees that the rates it establishes for all procedures listed in the Service Cost Table are based on actual costs and are representative of current costs incurred and paid by the County. K. Quality Management: 1. Quality Improvement (QI) Plan and Status Reports Requirements: The County will submit to the CMB Authority's Quality Management Team (QM) an annual Provider QI Plan which describes the County's ongoing and planned QI activities. The County will submit to the QM Team an annual Status Report for the prior year's QI Plan. The status report will describe the outcomes that were achieved by the County in regards to the QI plan. 2. Satisfaction Surveys: The County will also participate in the administration of the satisfaction surveys as mandated by the Michigan Department of Community Health, 3. Provider Subcontract Monitoring: The County will have standards for qualifying subcontractors and contract only with subcontractors that meet such standards. The County will monitor accredited and unaccredited direct service subcontracts at least annually to assure County compliance and compliance with state requirements and will forward monitoring data, strategy, and outcome to the CMH Authority. The report will summarize all performance areas monitored including issues and/or any areas of non compliance with standards, as well as any action taken by the County to improve performance. The County will forward its current accreditation letters and all direct service subcontracts to the ClvII-1 Authority as renewed or requested. For independent professional and nonprofessional subcontractors providing services to consumers leading sell - determined lives, the County will provide to the Clval Authority a description of the process for overseeing contractual agreements between such contactors and consumers of mental health services and supports. 4. Sentinel Events: The County will comply with state laws and regulations regarding Sentinel Events and Other Reportable Critical Incidents which specify actions that the County must take if an incident is identified as a Sentinel Event. The County if required by state law will report events to the Page 16 of 18 ClvIH Authority and it will adhere to reporting timefrantes for Root Cause Analysis and Action Plans, 5, Credentialing: The County will utilize a credentialing process to validate the qualifications of its direct staff, licensed independent practitioners, and sub- contractors. The process will include evaluating and verifying the appropriate education, licensing, malpractice history, insurance, and service site as applicable. The County must complete primary source verification of staff education and liccnsure. The County may utilize the National Practitioners Data Bank for this purpose. The American Medical Association or American Osteopathic Association (as applicable) may be utilized to complete primary source verification for physicians. The County will utilize a privileging process which includes a review of specific education, training, and experience to determine the consumer populations and/or service the practitioner will be approved to provide. III. DATA MANAGEMENT: A. As to the extent provided for by law the CMH Authority is the owner of all data related to consumers pursuant to this agreement including all data entered into the County's management information system(s), such as, all eligibility and demographic data, utilization data, claims data, and any other service, administrative or financial information that has passed through the CM1 -1 Authority's or the County's operation that resides with the County. Notwithstanding the foregoing, the County is not precluded from maintaining and utilizing the data identified in this section in support of the services provided to the consumer and internal County operations, B. The County shall implement tools to prevent unauthorized access and virus protection to its internal transaction and office system using planning, management. and system monitoring tools. C. The Parties agree that when transmitting information electronically the national ANSI and HIPAA compliant standards shall be utilized D. If the County is transferring data to the CMEI Authority electronically, it shall transmit data by the close of the next business month following the month of service for direct care services and within 60 days of the close of the month for subcontracted services. All data for the fiscal year must be received by the 5 th Page 17 of 18 working day of December in the format reasonably requested by the CMH Authority. In the event of termination of this Contract and the data is being transferred electronically, the County shall download for and provide to the CMH Authority, at no cost to the CME Authority, all such CMH Authority data in an electronically accessible format within twenty (20) days following the termination of this Contract. Resolution #10236 September 23, 2010 The Chairperson referred the resolution to the Finance Committee, There were no objections. FISCAL NOTE (MR #10236) (October 6, 2010) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION — RENEWAL OF THE INTER- GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY 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 Oakland County Health Division, Office of Substance Abuse Services, coordinates substance abuse services in Oakland County under a contract with the Michigan Department of Community Health (MDCH). 2, The Michigan Department of Community Health (MDCH) and the Oakland County Community Mental Health Authority (OCCMHA) have entered into a contract to provide substance abuse services to Medicaid recipients. 3. The Inter-Governmental contract covers five months in FY2010 and twelve months in FY2011. 4. This contract requires OCCMHA to pay Oakland County a total of $4,400,000 or $183,333 per month with a not-to-exceed amount of $2,200,000 annually for Fiscal Years 2010 and 2011 to perform Specialty Substance Abuse Medicaid services (Fund 28565). 5. This contract also requires OCCMHA to pay Oakland County a total of $425,000 or $25,000 per month with a not-to-exceed amount of $125,000 annually (5 months) for Fiscal Year 2010 and $300,000 annually (12 months) for Fiscal Year 2011 for Substance Abuse Adult Benefit Waiver services (Fund 28227). 6. The FY2010, FY2011, FY2012, and FY2013 budget is amended to reflect anticipated revenue and expenditures for the Substance Abuse Adult Benefit Waiver Program in the amount of $125,000 for FY 2010, $2,200,000 for Specialty Substance Abuse Medicaid Services for FY 2011 — FY 2013, and $300,000 for the Substance Abuse Adult Benefit Waiver Program for FY 2011 — FY 2013. FY 2010 CONTRACT EXTENSION FOR SUBSTANCE ABUSE ADULT BENEFIT WAIVER PROGRAM Fund 28227 Bud Ref 2011/ GR0000000272 FY2010 FY2010 Adopted Adjustment REVENUE FY2010 Amended Budget 1060261-134790-610313 Federal Operating Grants 1060261-134790-615571 State Operating Grants $95.000.00 ($16,012.00) $46,012.00 $ 78.988.00 $ 46.012.00 $95,000.00 $30.000.00 $125.000.00 EXPENSE 1060261-134790-730373 Contract Svs. $95,000.00 $95,000.00 $30,000.00 $125.000.00 $30,000.00 $125,000.00 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Gingell and Greimel absent FY2010 - FY2013 Adjustment FY2010 - FY2013 Amended Budget FY 2011 CONTRACT FOR SUBSTANCE ABUSE MEDICAID SERVICES PROGRAM Fund 28566 Bud Ref 2011 / GR0000000208 FY2010 - FY2013 Adopted REVENUE 1060261-134790-610313 1060261-134790-615571 EXPENSE Federal Operating Grants $2,200,000.00 ($588,060.00) $1,611.940.00 State Operating Grants $588,060.00 $ 588,060.00 $2,200,000.00 $2,200.000.00 1060261-13-4790-730366 Contract Adm. 1060261-134790-730373 Contract Sys. $461,290.00 $ 461,290.00 $2,200,000.00 ($461,290.00) $1.738,710.00 $2,200,000.00 $2.200.000.00 E12011 CONTRACT FOR SUBSTANCE ABUSE ADULT BENEFIT WAIVER PR() IZikE Fund 28227 Bud Ref 2011 / GRO000000272 REVENUE 1060261-134790-610313 1060261-134790-615571 Federal Operating Grants State Operating Grants EXPENSE FY2011 - FY2013 Adopted $95,000.00 $95,000.00 FY2011 - FY2013 Adjustment $ 94,570.00 5110,430.00 $205,000.00 FY2011 - FY2013 Amended Budget $189,570.00 $110,430.00 $300.000.00 1060261-134790-730373 Contract Svs. $95,000.00 $205,000.00 $300,000.00 $95,000.00 $205.000.00 $300,000.00 Resolution #10236 October 6, 2010 Moved by Runestad supported by Coulter the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted. AYES: Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchet!, Jackson, Jacobsen. Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted. I HWY APPROVE THE FORM RESOLUTION STATE OF M1CHiGAN) COUNTY OF OAKLAND) I, 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 October 6, 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 6th day of October, 2010. ade Ruth Johnson, County Clerk