HomeMy WebLinkAboutResolutions - 1998.08.20 - 25273REPORT (Misc. #98190) August 20, 1998
BY: FINANCE COMMITTEE - SUE ANN DOUGLAS, CHAIR
IN RE: COMMUNITY MENTAL HEALTH - RENEWAL OF ANNUAL PASARR
AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY
HEALTH
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced
resolution on August 13, 1998, recommends that the resolution be
amended in the NOW THEREFORE BE IT RESOLVED paragraph as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland
County Board of Commissioners approves the renewal
of the attached agreement with the Michigan
Department of Community Health governing nursing
home PreAdmission Screening and Annual Resident
Reviews (PASARR), for the period beginning
retroactively to February 1, 1998 and ending
September 30, 1998, AND THAT THE CHAIRPERSON OF THE
BOARD OF COMMISSIONERS IS AUTHORIZED TO SIGN SAID
AGREEMENT.
Chairperson, on behalf of the Finance Committee, I move the
acceptance of the foregoing Report.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
PUbairServides Commi
August 20, 1998
Miscellaneous Resolution #98190
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: Community Mental Health - RENEWAL OF ANNUAL PASARR AGREEMENT WITH THE
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS "PASARR" (nursing home PreAdmission Screening and Annual
Resident Reviews) 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 Oakland County Community Mental Health Services Board
initially approved the Michigan Department of Community Health's annual
agreement regarding "PASARR" for a period beginning October 1, 1996 and ending
September 30, 1997, which set out the requirements for each party in the
process; and
WHEREAS the Oakland County Community Mental Health Services Board agreed
to extend the 1996/1997 PASARR agreement with the Michigan Department of
Community Health until January 31, 1998; and
WHEREAS both parties have continued to perform the mutual services and
promises contained in their prior PASARR contract since February 1, 1998 when
the PASARR contract expired; and
WHEREAS it is the intent of the Oakland County Community Mental Health
Services Board to formally renew and otherwise again formally continue their
prior PASARR contract under the same terms and conditions of their prior
agreement, except as noted within the attached contract.
WHEREAS the terms of the proposed renewal of the Annual PASARR Agreement
with the Michigan Department of Community Health have been reviewed by Oakland
County Corporation Counsel and are acceptable to the Administration.
WHEREAS on 7/21/98, the Oakland County Community Mental Health Services
Board approved resolution #1329807f regarding PASARR Agreement with the
Michigan Department of Community Health.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the renewal of the attached agreement with the Michigan
Department of Community Health governing nursing home PreAdmission Screening
and Annual Resident Reviews (PASARR), for the period beginning retroactively
to February 1, 1998 and ending September 30, 1998.
Chairperson, on behalf of the Public ServAs CommittAe, T move the
adoption of the foregoing resolution.
Public Services Committee Vote:
Motion carried on unanimous roll call vote with Moffitt absent.
'r
RENEWAL OF PASAAR CONTRACT
between
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
and the
OAKLAND COUNTY COMMUNITY MENTAL HEALTH SERVICES PROGRAM
FEBRUARY 1, 1998- SEPTEMBER 30, 1998
The Michigan Department of Community Health ("Department") and the County of Oakland, together with its
statutory agent, the Oakland County Community Mental Health Services Board, (hereafter collectively
"Oakland") hereby agree to and acknowledge the following:
1. The Department and Oakland entered into an agreement in early 1997 entitled "AGREEMENT
BETWEEN THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH AND OA LAND COUNTY
COMMUNITY MENTAL HEALTH SERVICES PROGRAM" for the purposes of Oakland's completion of
PREADMISSION SCREENINGS and ANNUAL RESIDENT REVIEWS for individuals located in Oakland
County (hereinafter referred to as "PASAAR" or the "PASAAR Contract"). A copy of this PASAAR
Contract is found in the public records of the Oakland County Clerk's Office with Oakland County Board
of Commissioners Miscellaneous Resolution No. 97068.
2. The initial PASAAR Contract was for a term beginning October 1, 1996, and ending September 30,
1997. On or about November 1997, Department and the Oakland agreed to extend the term of the
PASAAR Contract until January 31, 1998, (Oakland County Board of Commissioners Miscellaneous
Resolution No. 97240), when the written PASAAR contract expired. Since February 1, 1998, the
Department and Oakland have each intended and, in fact, have continued to perform the mutual
services and promises contained in their prior PASAAR Contract without any interruption or lapse in
either Party's performance. It is the intent of the Department and Oakland, at this time, to formally
renew and otherwise again formally continue their prior PASAAR Contract, except as otherwise
modified herein.
1. In further consideration of the mutual promises and obligations contained in the original PASAAR
Contract, the Department and Oakland hereby agree, for the period beginning February 1, 1998
and ending September 30, 1998, to otherwise each again undertake and be legally bound to all of
the terms and conditions contained in the initial PASAAR Contract for this new period. Except as
to those terms and conditions regarding the term or duration of the initial PASAAR Contract, the
Department and Oakland agree that all other terms and conditions of initial PASAAR Contract
shall remain unchanged.
2. The Department and Oakland agree that any and ail such PASAAR Contract terms, renewed
herein, shall, for all purposes herein, be deemed to apply retroactively, as if there had been no
contract lapse, back to an effective date of February 1, 1998.
FOR THE DEPARTMENT OF FOR THE COMMUNITY MENTAL
COMMUNITY HEALTH HEALTH SERVICES PROGRAMS
Mark Miller, Chief Operating Officer John McCulloch, Chairperson,
Oakland County Board of Commissioners
Date Date
APR 1 5 1997 .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.
II. 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 DEPARTMENT's notification to the BOARD
unless otherwise provided by federal regulations.
1
?READMISSION SCREENING •
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 assessments 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 Annual Resident 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 J. 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 CFDA number for the federally funded
portiop of payments made to the BOARD under this agreement is 93.778.
3
For Michigan Departrnitit ofonununity Health:
William J. Allen,
Behavioral Heal
1/7;a/91
Date ief Executive Officer
(V. DEPARTMENT RESPONSlillUTiES
.110
A. 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 lli.B , above, payments will be made within forty-five (45)
days of receipt of bills for approved services. All payments will be made at IN%
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 J. 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 contract, 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.
(-- hairpersc C
3 Chairperson,
dkland County Board of Commissioners
Oakland Couno/Community Mental Health Services Programs
4
Dat
Date
firOAKLAND,„_
L BROOKS PATTERSON. OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN Gerald D. Poisson, Director 858-0553
DEPARTMENT OF CORPORATION COUNSEL Michael D. Blaszczak 858-0551
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 III, 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 subrrritted within fifteen (15) days after the end of the month.
Court Tower. West Wing • 1200 North Teiegrapn Road • Pontiac Michigan 48341.04 ,9 • ;8 10) es8.,550 • Fax (6T0 858.1003
Sincerely,
Michael D. Blaszczak
Assistant Corporation C4ut1sel
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 rower • West Wing • 1200 Ncrin Teiegrapri Road • Pontiac, Mschigar, 48341,4419 • 8101958-0550 • Fax (810) 858-1003
FISCAL NOTE (Misc. #98190) August 20, 1998
BY: FINANCE COMMITTEE - SUE ANN DOUGLAS, CHAIRPERSON
IN RE: COMMUNITY MENTAL HEALTH - RENEWAL OF ANNUAL PASARR AGREEMENT WITH THE
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the
above referenced resolution and finds:
1. The resolution approves a renewal of the annual agreement that
allows for full reimbursement of activities as defined within the
agreement.
2. The renewal agreement begins February 1, 1998, and ends September
30, 1998.
3. The FY 1998 and FY 1999 Budget contemplated approval of the subject
agreement, therefore budget amendments are not required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution 498190 August 20, 1998
Moved by Moffitt supported by Gregory the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Moffitt supported by Gregory the resolution be adopted.
Moved by Moffitt supported by Gregory the resolution be amended to coincide
with the recommendation in the Finance Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Gregory, Hoffman, Holbert, Huntoen, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
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 August 6, 1998 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 dai llyeugus 98
Lyhn D. Allen, County Clerk