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HomeMy WebLinkAboutResolutions - 1997.04.24 - 24944Miscellaneous Resolution #97068 BY: Public Services Committee, Shelley Taub, Chairperson RE: COMMUNITY MENTAL HEALTH-PASARR ANNUAL AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH/OCTOBER 1, 1996-SEPTEMBER 30, 1997 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health has requested renewal of the annual agreement regarding "PASARR" (nursing home PreAdmission Screening and Annual Resident Reviews), which sets out the requirements for each party in the process; and WHEREAS "PASARR" evaluations are a requirement of the federal Nursing Home Reform Act, commonly referred to as "OBRA" and a condition of the State's continued receipt of Medicaid funding; and WHEREAS the terms of the proposed "PASARR" agreement have been reviewed and are acceptable to the Administration and Oakland County Corporation Counsel with the minor changes noted in the attached letter. WHEREAS, the agreement has been approved by the Oakland County Community Mental Health Services Board. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement with the Michigan Department of Mental Health governing nursing home preadmission screening and annual resident reviews, as modified, with the Michigan Department of Community Health. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 16.ula 'AGREEMENT between THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH AND Oakland County Community Mental Health Services Programs This AGREEMENT is made by and between the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH, hereafter referred to as the "DEPARTMENT," and Oakland County Community Mental Health Services Programs, an agency of the county(ies) of Oakland, a municipal body corporate and politic, hereinafter referred to as the "BOARD" to be effective October 1, 1996, through September 30, 1997. This agreement supersedes previous agreements with the Oakland County Community Mental Health Services Programs. I. PURPOSE This agreement is intended to specify the requirements for the completion of PREADMISSION SCREENINGS and ANNUAL RESIDENT REVIEWS (hereinafter referred to as PASARR) for individuals who are located in the BOARD's county(ies) presenting for nursing home admission or who are currently a resident of a nursing home located in said county, as required by the Omnibus Budget Reconciliation Act (hereinafter referred to as OBRA) of 1987 and the method of costing, billing and payment for these services. This agreement is to replace any previous contract or amendment related to preadmission screenings and annual resident reviews and to render said contract null and void as of October 1, 1996. REQUIREMENTS A. Evaluations and assessments as described herein shall be prepared and submitted in accordance with the following documents: 1. Medical Services Administration (MSA) Bulletin 94-10. 2. Federal Register/Vol 57, No. 230/Monday, November 30, 1992/ Rules and Regulations/Subpart C — Preadmission Screening and Annual Resident Review of Mentally Ill and Mentally Retarded Individuals. The DEPARTMENT will notify the BOARD of any changes in these documents due to federal rules and state requirements. Such changes will be incorporated in this contract within sixty (60) days of the DEPARTMENTs notification to the BOARD unless otherwise provided by federal regulations. 1 B. The BOARD will provide evaluations and assessments for all individuals located in the BOARD's county(ies) who are presented for admission to a nursing home regardless of the location of the admitting facility and for whom a Level I Preadmission Screening procedure (DSS Form 3877) has identified the possible presence of a mental illness or a developmental disability. This evaluation and assessment will be completed and an appropriate determination made prior to admission of the individual to a nursing home. This evaluation and assessment will be completed utilizing criteria specified in Paragraph A. above. C. The BOARD agrees that Preadmission Screenings will be completed and required documentation submitted to the DEPARTMENT within four (4) working days of referral of the individual to the Board by whatever agent performing the Level I identification. D. In the event that a Preadmission Telephone Authorization is necessary, because hospital discharge will occur within forty-eight (48) hours and a nursing home bed is available, the BOARD may obtain a telephone authorization from the DEPARTMENTs OBRA Office. When requesting a telephone authorization, the BOARD will have completed all evaluations and assessrhents as specified in Paragraph A. above and will verbally provide all necessary information for the DEPARTMENT to make the required determinations. Following the approval or denial of the placement, the BOARD will submit the completed evaluation, in writing, to the DEPARTMENT within four (4) working days of the referral as specified in Paragraph C. above. Upon review of the submitted documents, the decision related to admission and to level of service may be altered if the information does not match the information provided during the telephone approval. ANNUAL RESIDENT REVIEW E. The BOARD will provide Annual Resident Reviews to all nursing home residents who are located in the BOARD's county(ies) and who have been identified through the Preadmission Screening or Initial Resident Review process as having either a mental illness or developmental disability or who have otherwise been identified to the BOARD by submission of DSS Form: 3877. This evaluation and assessment must be completed utilizing criteria specified in Paragraph A. above. 2 F. The BOARD agrees that Ann. Ike,sident Reviews will be completed and required documentation submitted to the DEPARTMENT within fourteen (14) calendar days of receipt by the BOARD of an appropriately completed DSS Form 3877 from the nursing facility(ies). In the case of Annual Resident Reviews of persons who have been admitted to a nursing facility without a preadmission screening as an exempted hospital discharge, the BOARD will complete a review and submit required documentation to the DEPARTMENT within seven (7) calendar days of referral. In either situation, if a BOARD is unable to comply with this requirement in a particular case, the BOARD will notify the DEPARTMENT. III. RECORDS, BILLINGS, AND REIMBURSEMENT A. The BOARD will maintain all documentation and records concerning services provided, client treatment recommendations and treatment plans, and verification of compliance with standards for subsequent audit, and actual cost documentation for a period of seven (7) years and assure that all such documents will be accessible for. audit by appropriate DEPARTMENT staff and other authorized agencies. B. The BOARD will submit monthly billings to the DEPARTMENT for services provided based on an actual cost basis as defined in "Revised Billing Procedures for OBRA Pre-Admission Screening, Initial and Annual Resident Review for Nursing Home Clients" DCH memorandum, William 3. Allen, September 23, 1996, which is attached to this Agreement. Only one (1) bill will be considered for payment per month, and will be submitted for payment to the DEPARTMENT within forty-five (45) days after the end of the month in which the service was provided, except for the September bill which will be submitted within fifteen (15) days after the end of the month. In the event that the BOARD realizes costs incurred after a billing has been submitted, the BOARD may submit a revised billing. In any event, all bills for services provided under this Agreement must be received by the DEPARTMENT no later than October 15, 1997. Submitted bills will also include the number of evaluations completed during the month being billed by completing the "Detail of Services Billed" form. The forms attached to this contract are to be used for billings submitted under this contract. C. Payments made to the BOARD for these services will be included as earned revenue from the DEPARTMENT on the final expenditure reports of the BOARD. Projected expenditures will be specifically within the elements and populations of the Service Summary and Spending Plan. Separation by MI and DD is not required. Projections will be identified on Line E and footnoted in the summary and appropriate detail page. All payments made under this Agreement are subject to the requirements under the Single Audit Act of 1984. The CPDA number for the federally funded portion of payments made to the BOARD under this agreement is 93.778. 3 Date Date Chairperson, hairperson,/Odkland County Board of Commissioners IV. DEPARTMENT RESPONSIBILITIES The DEPARTMENT agrees that for bills received for which the BOARD has a contract and which are correctly and completely submitted on a timely basis as specified in Paragraph 111.8., above, payments will be made within forty-five (45) days ofreceipt of bills for approved services. All payments will be made at 100% of the BOARD's charge as submitted. B. Preparing claims for federal financial participation and submitting these claims to the Department of Social Services will be the responsibility of the DEPARTMENT. The BOARD will provide the DEPARTMENT with such documentation as may be required to support claims for federal financial participation. C. The DEPARTMENT will hold the BOARD financially harmless where the BOARD has followed procedures as outlined in Federal Office of Management and Budget Circular A-87, and has documentation as to the services performed. The Federal, Office of Management and Budget, Circular A-87, is included with the document entitled "Revised Billing Procedures for OBRA Pre-Admission Screening, Initial and Annual Resident Reviews for Nursing Home Clients," DCH memorandum; William I Allen, September 23, 1996, as referenced in Paragraph III.B above. The BOARD will be responsible where procedures related to these identified evaluations are not followed or where documentation is lacking. V. TERMINATION The Agreement may be terminated by either party with sixty (60) days notice. Said notice will be made in writing and sent by certified mail. Termination will take effect sixty (60) * days from receipt of said notice. VI. IDENTIFICATION OF ALTERATIONS In signing this contact, the BOARD agrees that no alterations to the model contract provided to the BOARD by the DEPARTMENT on October 1, 1996, have been made unless such alterations are identified below. Any changes not identified will render this contract null and void. The attached letter from Michael D. Blaszczak, to David T. Verseput, dated February 18, 1997, amending Section 111, B., of this -- agreement is hereby incorporated into and made part of this agreement between the parties. A. Oakland County Community Mental Health Services Programs For Michigan Department of Community Health: William J. Allen, Chief Executive Officer Behavioral Health Date COUNTY MICHIGAN DEPARTMENT OF CORPORATION COUNSEL Gerald D. Poisson, Director 858-0553 Michael D. Slaszczak 858-0551 1111r0 L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE February 18, 1997 David T. Verseput, Director Office of Specialized Nursing Home/OBRA Programs Michigan Department of Community Health Lewis Cass Building, 2nd Floor Lansing, Michigan 48913 Re: Amendment to: Agreement Between the Michigan Department of Community Health and the Oakland County Community Mental Health Services Program Regarding Pre-Admission Screenings and Annual Resident Reviews (PASARR) Dear Mr. Verseput: This letter will confirm our telephone conversation today regarding a change to the DCH proposed FY 96-97 PASARR Agreement to be effective October 1, 1996. The second sentence in Section Ill, B. (page 3 of your proposed agreement) reads: Only one (1) bill will be considered for payment per month, and will be submitted for payment to the DEPARTMENT within forty-five (45) days after the end of the month in which the service was provided, except for the September bill which will be submitted within fifteen (15) days after the end of the month. As we agreed, because of the late date for the planned execution of this contract and our history with prior PASARR contracts, there is no expectation between the parties that Oakland CMH's past services (e.g., October, November and December 1996) can no longer be billed or reimbursed. Accordingly we agreed that the one (1) word "will" (shown in boldface type above) would be changed to "should" and this sentence in the final agreement will read as follows: Only one (1) bill will be considered for payment per month, and should be submitted for payment to the DEPARTMENT within forty-five (45) days after the end of the month in which the service was provided, except for the September bill which will be submitted within fifteen (15) days after the end of the month. COUrt TOWN - West Wing • 1200 North Telegraph Road • PonItac, Mictvgan 48341.0419 • (810) 855-0550 • Pax WO) 858-1003 Sincerely, Michael D. Blaszczak Assistant Corporation C&Ssel OAKLAND COUNTY CORPORATION COUNSEL David T. Verseput February 18, 1997 Page 2 This letter will be attached and incorporated into the agreement in Section VI. IDENTIFICATION OF ALTERATIONS (page 4, of the proposed agreement) by addition of the following sentence. The attached letter from Michael D. Blaszczak, to David T. Verseput, dated February 18, 1997, amending Section III, B., of this agreement is hereby incorporated into and made part of this agreement between the parties. Please advise if this contract amendment, for any reason, is not acceptable to the Department. MDB:maf Court Tower • Weil Wing • 1200 North Tolograph Road • posoc, pach,gan 4834/ .04 / g •(a10$ 856-0550 • Fax (0 10) 568-10O3 Resolution #97068 April 10, 1997 The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. FISCAL NOTE(M.R. #97068) BY: FINANCE AND PERSONNEL COMMITTEE - SUE ANN DOUGLAS, CHAIRPERSON IN RE: COMMUNITY MENTAL HEALTH - PASSAR ANNUAL AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH/OCTOBER 1, 1996 - SEPTEMBER 30, 1997 To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above-referenced resolution and finds: 1) The resolution approves an annual agreement that allows for full reimbursement of activities as defined within the agreement. 2) The FY 1997 and FY 1998 Budgets contemplated approval of the subject agreement, therefore budget amendments are not required. FINANCE AND PERSONNEL COMMITTEE .4 Resolution #97068 April 24, 1997 Moved by Taub supported by Amos the resolution be adopted. AYES: Moffitt, 4brecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, Millard. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. L. Brook E THE FOREGOING RE Oar' atterson. County Exocutive 44I Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 April 24, 1997 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 24th day ic,;_April .N. Lynt D. Allen, County Clerk