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HomeMy WebLinkAboutResolutions - 2002.12.12 - 26771MISCELLANEOUS RESOLUTION #02320 December 12, 2002 BY: General Government Committee, William R. Patterson, 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 (MUCH); and WHEREAS MUCH 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 Inter-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 Inter-Governmental Contract covers the period October 1, 2002, to September 30, 2003; and WHEREAS the Contract calls for OCCMHA to pay to Oakland County $136,226.30 per month for the term of the agreement, for a total of $1,634,715.60. 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 accepts the funds as specified in the Inter-Governmental Contract between the County of Oakland and the Oakland County Community Mental Health Authority in the amount of $1,634,715.60, effective October 1, 2002, through September 30, 2003. 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 authorized 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 GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Melton, McPherson and Friedman Appel absent. DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION INTER-GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY • The Oakland County Health Division, Office of Substance Abuse Services is the designated Coordinating Agency for substance abuse services in Oakland County. • Effective October 1, 1999 the Michigan Department of Community Health removed Medicaid funding from its contract with Oakland County and transferred this funding to the Oakland County Community Mental Health Authority for administration. • The Health Division continues to contract with MDCH for the coordination of substance abuse prevention and treatment services for Oakland County residents who are low income, uninsured, non-Medicaid recipients. • With the transfer of Medicaid funds, the Health Division also began to contract with the Oakland County Community Mental Health Authority for substance abuse prevention and treatment services for Medicaid recipients. • The Health Division maintains the capacity to administer Medicaid funds and to deliver services through a treatment network of substance abuse providers. • The present intergovernmental agreement continues the arrangement between the Oakland County Community Mental Health Authority and the Department of Human Services, Health Division. 3 INTER-GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY This INTER-GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND and the OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY (hereafter this "contract") is made and entered into by and between the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, by and through its Health Division — Office of Substance Abuse (hereinafter "County") 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 Building 38 E, 1200 North Telegraph Road, Pontiac, Michigan 48341- 0047. In this Contract, either the CMH Authority or the County may also be referred to individually as a "Party" or jointly as the "Parties". The Parties agree that all services required from the County pursuant to this Contract are to be performed by the Oakland County Health Division — Office of Substance Abuse. INTRODUCTION The County agrees, subject to the terms and conditions set forth in this Contract, to provide the CMH Authority with Substance Abuse Services for Medicaid recipients. The Contract describes the parameters of the Plan, the population to be served, service duties of the County, funding obligations and other specified "County Services" as defined in this Contract for the period of October 1, 2002 to September 30, 2003. 1. CONTRACT DEFINITIONS In addition to any other defined terms in this Contract (e.g., "Contract", "County", "CMH Authority", "Party", or "Parties", etc.), the Parties agree that for all purposes, and as used throughout this Contract, the following words and expressions when printed with the first letter capitalized, as shown below, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: 1.1. "CMH Authority" as defined on the first page of this Contract, and shall be further defined to include any and all "CMH Agents" as defined herein. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 1 1.2. "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 as is specifically provided for and/or permitted under the Mental Health Code. 1.3. "County" shall be defined as the "County of Oakland," a Michigan Municipal and Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341. As this term may be used in this Contract, "County" shall be further defined to include any and all "County Agents," as defined herein, and/or any "Concurrent Board Members" as defined herein. 1.4. "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 (whether 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 Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent, but shall include any "Concurrent Board Member." 1.5. "Day" shall be defined as any calendar day, which shall always begin at 12:00:01 a.m. and end at 11:59:59 p.m. 1.6. "Consumer" shall be defined to include any and all persons who, as identified and determined by the County, pursuant to State law, the Mental Health Code, any DCH rules or regulations, as required pursuant to any DCH Contract(s), to be Medicaid recipients who reside in the geographic area serviced by the CMH Authority and meet the Clinical Eligibility requirements for the Medicaid Substance Abuse Services Plan, are deemed to be eligible for, who can possibly benefit from, and/or actually receive any Medicaid 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. 2. COUNTY SERVICES FOR THE CMH AUTHORITY Subject to the terms and conditions in this Contract, and except as otherwise provided by law, the County shall provide those County Services for the CMH Authority as described in Attachment A attached to this Contract and hereby incorporated and made part of this Contract. The Parties intend, agree, and acknowledge that no County Services, other than those County Services described in this Contract, shall or are otherwise required to be provided by the County for or to the CMH Authority. Additional County services may be contracted by mutual agreement between the Parties. 2.1. Except as otherwise provided within this Contract, neither the County nor any County Agents shall be responsible for assisting or providing any other "Services" or assistance to the CMH Authority or assume any additional responsibility for assisting the CMH Authority, in any other way or manner, with any CMH Authority Obligations under any and all laws or DCH Contract(s). Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 2 2.2. All County Services identified in this Contract shall be subject to all applicable County rules and regulations regarding the provisions of any such County Services, including, but not limited to, adequate notice and/or limitations on special requests and/or priority or rush assignments. 2.3. Nothing contained in this Contract 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 Contract, or from working for more than one firm, entity or agency during the term of this Contract, or from sub-contracting and/or delegating any County duty or obligation hereunder to any third person. 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 CMH Authority's decision to enter into this Contract for any of the specified County Services herein and that it has completely satisfied itself in these regards. 3. CMH AUTHORITY PAYMENT OBLIGATION FOR COUNTY SERVICES 3.1. Subject to the terms and conditions of this Contract, the CMH Authority agrees to pay to Oakland County, on a monthly basis, ONE HUNDRED THIRTY-SIX THOUSAND, TWO HUNDRED TWENTY SIX DOLLARS AND THIRTY CENTS, ($136,226.30). This amount shall be paid to Oakland County within the first two weeks of each month, via a wire transfer to a bank account designated by Oakland County. Unless there is a termination as provided for herein, the CMH 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 Contract, 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. 3.2. In the event that any amount due and owing from the CMH Authority is not paid to the County as otherwise required in this Contract, the CMH 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 CMH Authority by and through any combination of reduced payments, set-off, and/or withholding of any CMH Authority funds then in the possession of the County that would otherwise have been paid to the CMH Authority by the County pursuant to the Mental Health Code and/or any prior County funding commitment. 3.3. 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 Contract was in error and voluntarily agreeing to correct same. 4. ASSURANCES, WARRANTIES, AND LIMITATIONS ON LIABILITY Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 3 4.1. The CMH Authority agrees to comply with the provisions of any and all statutes and/or County policies relating to nondiscrimination and conflict of interest with governmental employees and, specifically, any County Agent. The CMH Authority warrants to avoid any conflict of interest, whether real or perceived. 4.2. Any and all county services set forth in this contract 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 further disclaims any and all warranties, of any kind, whether expressed 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 Contract will meet any CMH 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. 4.3. In no event and under no circumstances in connection with or as a result of this Contract 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 Contract for any County services hereunder or any CMH Authority use or inability to use any County services, even if the County has been advised of the possibility of such damages. The CMH Authority agrees that, in any and all events, in the County's total liability to the CMH Authority for any and all claim(s), damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, shall not exceed the amount paid by the CMH Authority for any and all services herein. 5. GENERAL TERMS AND CONDITIONS 5.1. TERM OF THIS CONTRACT AND/OR "DURATION OF COUNTY SERVICE" 5.1.1. Either Party may cancel this Contract by providing written notice that clearly states the intent to cancel and the effective date of cancellation. Any such effective date of cancellation must be at least 90 calendar days after delivery of the written notice. 5.1.2. The Parties agree that in the event that a new written agreement for the County's services is not in place and/or completely finalized for any reason on or before the Contract Expiration Date, then the Parties shall be deemed to have mutually agreed to have amended the Contract Expiration Dates shown in this Contract and have agreed to continue this Contract automatically without the requirement of any additional writing. If Contract is deemed to have been automatically continued as provided herein, it will continue until a new written agreement for the County's Services has been completed between the Parties or either Party provides 90 days written notice of termination. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 4 5.1.3. Notwithstanding any provision in this Section of this Contract, nothing herein shall limit or prohibit either Party from terminating or canceling this Contract prior to the stated "Duration of County Service," as otherwise expressly provided in this Contract. If notice of termination is given, it shall state the day of the effective date of the termination. County service provided under this Contract shall end at 11:59 p.m. on the effective date of the termination as provided in the written notice. 5.1.4. The Parties agree and acknowledge that either Party's decision to terminate and/or cancel this Contract, or any one or more individual County Service identified herein, shall not relieve the CMH Authority of any CMH Authority payment obligation for any County Services rendered prior to the effective date of any termination or cancellation of this Contract, provided any such County Services amounts were otherwise subject to payment by the CMH Authority, as expressly provided for in this Contract. The provisions of this Subsection shall survive the termination cancellation and/or expiration of either this Contract or any "Duration of County Service" date herein. 5.2. The Parties agree that this Contract, and/or any subsequent amendments thereto, shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and the Oakland County Community Mental Health Authority Board. The approval and terms of this Contract, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of both the public bodies identified herein and shall also be filed with the office of the Clerk of the County and the Clerk for the Oakland County Community Mental Health Authority Board. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with the Michigan Secretary of State, and this Contract, and/or any possible subsequent amendments, shall not become effective prior to this required filing with the Secretary of State. 5.3. The Parties reserve to themselves any right and obligations related to the provision of any and all of each Party's respective governmental services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care liability, capacity, immunity, authority or character of office of either Party. 5.4. Except as expressly provided herein for the benefit of one of the Parties herein (i.e., the County or the CMH Authority), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication), and/or any right to be subrogated to any Party's rights in this Contract and/or any other right of any kind, in favor of any person, including, but not limited to, any CMH Authority Contractor(s), Recipients, CMH Authority Employees and/or any CM H Authority Employee's legal representative, any organization, any alleged unnamed beneficiary or assignee, and/or any other person. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 5 5.5. The Parties agree that performance under this Contract will be conducted in compliance with all federal, Michigan, and local laws and regulations. This Contract is made and entered into in the County of Oakland and in the State of Michigan. The language of all parts of this Contract is intended to and under all circumstances shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. 5.6. Each Party to this Contract shall be excused from performance of any obligation to provide any services during the time and to the extent that Party is prevented from performing due to causes beyond such Party's control and without the fault or negligence of such Party, including, but not limited to, an act of God, war, acts of government other than the Parties of this Contract, fire, strike, labor disputes, civil disturbances, reduction or failure of power source, unavailability of external interfaces, or any other circumstance beyond the reasonable control of the affected Party and without the fault or negligence of such Party, provided that reasonable notice of any such event is given to the other Party. 5.7. Absent an express written waiver, no act, failure or delay by either Party to pursue or enforce any right or remedy granted under this Contract shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Contract. No single, multiple or partial waiver by either Party of any provision of this Contract, of any breach, or of any right or remedy or of the same provision, breach, right or remedy on a future occasion. No waiver by either Party shall subsequently affect its rights to require strict performance of this Contract. 5.8. Except as otherwise expressly provided for in this Contract, there shall be no modification, rescission, waiver, release or amendment of any provision of this Contract, except by an express written amendment to this Contract. The Parties agree that no such modification, rescission, waiver, release or amendment of any provision of this Contract amendment shall become effective against the County unless signed for the County by such County Agents as expressly authorized to so amend or change this Contract by the Oakland County Board of Commissioners. 5.9. Except as otherwise expressly provided for herein, any and all written notices provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail or delivered in person. A Party shall send or personally deliver all such written notices addressed to the Office of the person or persons who signed this Contract on behalf of the other Party, or their successor in office as may be identified in a prior written notice to the other Party, at the Party's address as shown on the first page of this Contract or an address otherwise provided by a Party in a prior written notice. All written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Postal Service or personally delivered to the Office of the signator(s) of the other Party. 5.10. This Contract sets forth the entire agreement between the Parties concerning the subject matter hereof. In entering into this Contract, the CMH 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 Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 6 s) expressly set forth in this Contract, 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 hereof, are fully and completely superseded by this Contract. It is further agreed that the terms and conditions herein are contractual and binding and are not mere recitals, and that there are not other agreements, understandings, contracts, or representations between the Parties in any way related to the subject matter of any of the County Services described herein which effect the contractual relationship between the Parties, except as expressly stated herein. The Parties acknowledge that this Contract contains certain limitations and disclaimers of liability. 5. 1 1 . Notwithstanding any references in the Attachments to this Contract, 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 Contract. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 7 For and in consideration of the mutual assurances, promises, acknowledgements, warrants, representations, and agreements set forth in this Contract, and for the good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the CMH Authority and the County, and by doing so legally obligate and bind the CMH Authority and the County to the terms and conditions of this Contract. The undersigned representatives of each of the Parties hereby warrant that each of them has taken all actions and secured any and all necessary approvals and authorizations to fully and completely obligate and bind each of their respective Parties to the terms and conditions of this Contract. OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY: BY: DATE: Susan M. Pelkey, Manager, Purchase Management BY: DATE: Jeffrey L. Brown, Director of Programs THE COUNTY OF OAKLAND BY: Thomas A. Law, Chairperson, Oakland County Board of Commissioners DATE: Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 8 ATTACHMENT A TO THE INTER—GOVERNMENTAL CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY COUNTY SERVICES FOR THE CMH AUTHORITY I. Purpose of Attachment Subject to the terms and conditions in the Contract between Oakland County and the CMH Authority, and except as otherwise provided by law, Oakland County (a.k.a. 'CA") shall provide those County Services described in this Attachment for the CMH Authority. The Oakland County Health Division — Substance Abuse Services, the County of Oakland agrees, subject to the terms and conditions set forth in this contract, to provide the CMH Authority with Substance Abuse Services for Medicaid recipients. Additional County Services may be contracted by mutual agreement between the Parties. II. Eligibility for Services A. Regional Composition All Medicaid recipients who reside within the geographic area serviced by the CA will be considered eligible for the Medicaid Prepaid Substance Abuse Services Plan in that area and automatically eligible for medically necessary specialty substance abuse services through the Plan. B. Clinical Eligibility 1. The CA must implement a system for determining clinical eligibility for services. Clinical eligibility determination includes assessment, diagnosis, application of ASAM patient placement criteria for admission, continued stay, discharge/transfer, and referral to treatment. The CA must assure that the system will provide accurate and unbiased clinical eligibility determinations and referrals. Clinical eligibility functions may be performed by a Central Diagnostic and Referral (CDR) Center, which must hold a Screening, Assessment, Referral and Follow-up (SARF) license from the Michigan Department of Consumer and Industry Services (MDCIS). The CDR shall be operated by the CA directly. another entity or entities that hold an appropriate license from the MDCIS. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 9 2. In order to be eligible for services, a Consumer must be found to meet the criteria for one of the substance-related disorders found in the DSM IV. These diagnoses are found below in DSM IV Diagnoses Attachment 7.0.1.1. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 10 3. The CA will assure that all decisions concerning Consumer care are based on clinical eligibility and medical necessity criteria, as defined in this Attachment. Decisions concerning Consumer care include admission, level of care, continuation, discharge, and other decisions regarding scope, intensity and duration of care. III. Covered Services Under the Plan A. Covered Services The following services and supports must be provided, based on need, to eligibles who reside in the specified region: 1. Assessment, diagnosis, patient placement, and referral: a. The DSM IV must be used for diagnostic evaluations; and b. The ASAM Patient Placement Criteria must be used for admission, continued stay and discharge/transfer; and c. A biopsychosocial assessment must be completed that collects sufficient information to address the six dimensions of the ASAM Patient Placement Criteria, using a uniform tool region-wide. The questions on page 14 of the ASAM Patient Placement Criteria, Second Edition, may be used. The Addiction Severity Index (ASI), with additional questions as needed, may be used. The Level of Care Index (LOCI) checklists or other crosswalks may be used to determine level of care at admission, continued stay, and discharge/transfer. 2. Outpatient treatment (including individual, family and group). 3. Intensive outpatient treatment. 4. Federal Drug Administration (FDA) approved pharmacological supports, including laboratory services for Consumers receiving pharmacological supports (e.g., Levo-Alpha-Acetyl-Methadol [LAAM] and Methadone). B. Allowable Services The following services are not required to be provided by the CA and the CA may at its option, subject to available funds make the following services available: 1. Residential (subacute) detoxification; 2. Residential services in an IMD or Non-IMD(not room and board); Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 11 , With respect to residential services, the CA may reimburse providers for treatment services only. No room and board costs can be included in the reimbursement rate. Room and board expenses associated with intensive outpatient services; room and board expenses associated with residential services; and/or residential expenses may be covered by MDCH community grant funds (federal substance abuse, prevention and treatment block grant and associated state general funds) that are administered by substance abuse coordinating agencies under separate agreement with the Department. Community grant funds may be used under the following conditions: a. Only CAs can authorize use of community grant funds. b. Medicaid Consumers must be determined to need the allowable services described above in Section III.B.2, second paragraph, and need must be determined based on criteria contained in this Attachment. c. Access standards contained in this Attachment must apply to all Medicaid recipients. d. Preference for applications of community grant funding must be applied to all Consumers in the specified region in the following order: (1) pregnant injecting drug users; (2) pregnant substance abusers; (3) injecting drug users; (4) parents whose children have been removed from the home under the Child Protection laws of this state or are in danger of being removed from the home because of the parent's substance abuse; and (5) all others. Community grant funding may not be used to serve a Medicaid recipient in category (5) before all category (1), (2), (3), and (4) non-Medicaid Consumers qualifying for services under the terms of the prime agreement are admitted to treatment. C. Excluded Services Room and board is not a Medicaid-covered service and the CA will not provide room and board to recipients covered by this contract. D. Medicaid Services Funded Outside This Plan The CA will not pay for the following Medicaid-covered substance abuse services and ancillary services: 1. Acute detoxification - This is a hospital provided service, billed directly to MSA and subject to strict MSA criteria for reimbursement; Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 12 2. Laboratory services - Laboratory services related to substance abuse (with the exception of lab services required for Methadone and LAAM) should be billed directly to MSA by the laboratory; 3. Pharmacy services - Medications prescribed as a support to substance abuse treatment are paid for either on a fee-for-service basis by MSA (for recipients who are not in a Qualified Health Plan [QHP]) or through the recipient's QHP (with prior authorization from the QHP). 4. Emergency medical care - This is a primary health care benefit. For QHP enrollees, services are the responsibility of the QHP. 5. Emergency transportation - This is a primary health care benefit. For QHP enrollees, services are the responsibility of the QHP. 6. Substance abuse prevention and treatment that occurs routinely in the context of providing primary health care. 7. Routine transportation - Routine transportation to substance abuse treatment services is the responsibility of the local Family Independence Agency. E. Medically Necessary Services The MDCH is responsible for establishing medical necessity criteria. Medical necessity is commonly defined as a determination that a specific service is medically (clinically) appropriate, necessary to meet a person's substance abuse treatment needs, consistent with the person's diagnosis, symptomatology and functional impairments, is the most cost-effective option in the least restrictive environment, and is consistent with clinical standards of care. In addition, the CA shall also consider social services and community supports that are crucial for full participation in community life, must apply an individualized services plan, and must consider environmental factors, and other available resources that might be brought to address the situation. The protocols for determining if a service meets the criteria of medical necessity are found below in Medical Necessity Criteria for Medicaid Mental Health and Substance Abuse Services Attachment 7.0.1.2. The criteria are intended to ensure appropriate access to care, to protect the rights of consumers, and to facilitate an appropriate matching of services and supports to consumer needs. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 13 F. Scope, Intensity and Duration of Services 1. Patient Placement Criteria The CA shall assure that the ASAM Patient Placement Criteria is used as a basis for decisions regarding initial placement of Consumers in treatment, as well as for decisions on continuation and discharge. 2. Clinical Protocols Clinical protocols are guidelines for the care of individual Consumers, providing clinicians with objective criteria for making treatment decisions. Clinical protocols are distinct from level of care guidelines. The CA will: a. Review protocols that are used by providers; b. Make these protocols available to the Authority; c. Require that providers use their protocols in planning and providing treatment to individual Consumers; d. Monitor provider performance on using protocols in planning and providing treatment to individual Consumers. IV. Administrative Responsibilities of the CA Under the Plan A. Ensuring Access 1. The CA shall assure timely access within the following minimum standards: a. Access to screening and referral must be available on a 24-hour basis. b. Urgent situations must be assessed within 24 hours of referral or presentation, 95 percent of the time. Admission to treatment must be within 24 hours of assessment, 95 percent of the time. An urgent situation is one in which an individual is determined to be at risk of experiencing an emergent situation in the near future if care is not received. Pregnancy is an urgent situation. c. Nonurgent situations must be assessed within 5 calendar days of referral or presentation, 95 percent of the time. Admission to treatment must be within 7 calendar days of assessment, 95 percent of the time. NOTE: In cases where individuals are incapacitated, arrangements for acute or subacute detox would be adequate initial responses. Referrals to Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 14 assessment would not be appropriate. Detox services are not covered services under the substance abuse Medicaid program. 2. The CA must monitor its overall performance against the standards identified in Item IV.A.1. above and locally monitor its performance, taking actions to continually improve access to consumers. 3. The CA is responsible for outreach. Outreach involves contacting women's shelters, homeless shelters, emergency rooms and other places where Consumers are likely to be found, for the purpose of encouraging them to enter treatment or aftercare. 4. The CA must assure that Consumers are given choice, within the provider panel, in the selection of a treatment program. B. Service Authorization and Utilization Management 1. The CA is responsible for establishing and maintaining a systematic method, policies, and documented processes for timely authorization of medically necessary services, tracking authorizations provided, periodic utilization review of authorized care, and monitoring of provider compliance with authorization decisions. The CA must transmit authorizations to providers in writing. Providers must maintain copies of written authorizations for post-payment review and audit. 2. The CA must provide retrospective service review and authorization decisions for Medicaid recipients with retroactive enrollment. 3. The CA must provide authorization and payment for Medicaid recipients who seek services outside the region in which they reside. It is the responsibility of the CA to make payment for services authorized by them or their agent and provided, regardless of the provider's location. 4. The CA is responsible for service authorization, level of care placement decisions, and utilization management for Medicaid recipients needing medically necessary covered substance abuse services who are ordered by a court to enter substance abuse treatment. 5. The CA must have and maintain utilization management practices that are adequate to fulfill the obligations of this Attachment. 6. The CA must assure that Consumers receive notices as required in the Medicaid Administrative Hearing Requirements Attachment 7.0.1.4 as seen below: Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 15 ATTACHMENT 7.0.1.1 DSM IV Diagnoses November 1, 1998 Attachment 7.0.1.1 DSM IV Diagnoses 303.90 305.00 303.00 291.80 304.40 305.70 292.89 292.00 304.30 305.20 292.89 304.20 305.60 292.89 292.00 304.50 305.30 292.89 304.60 305.90 292.89 304.00 305.50 292.89 292.00 304.90 305.90 292.89 304.10. 305.40 292.89 292.00 304.90 305.90 292.89 292.00 Alcohol Dependence Alcohol Abuse Alcohol Intoxication Alcohol Withdrawal Amphetamine Dependence Amphetamine Abuse Amphetamine Intoxication Amphetamine Withdrawal Cannabis Dependence Cannabis Abuse Cannabis Intoxication Cocaine Dependence Cocaine Abuse Cocaine Intoxication Cocaine Withdrawal Hallucinogen Dependence Hallucinogen Abuse Hallucinogen Intoxication Inhalant Dependence Inhalant Abuse Inhalant Intoxication Opioid Dependence Opioid Abuse Opioid Intoxication Opioid Withdrawal Phencyclidine Dependence Phencyclidine Abuse Phencyclidine Intoxication Sedative, Hypnotic, or Anxiolytic Dependence Sedative, Hypnotic, or Anxiolytic Abuse Sedative, Hypnotic, or Anxiolytic Intoxication Sedative, Hypnotic, or Anxiolytic Withdrawal Other (or Unknown) Substance Dependence Other (or Unknown) Substance Abuse Other (or Unknown) Substance Intoxication Other (or Unknown) Substance Withdrawal 1 of 1 November 1, 1998 ATTACHMENT 7.0.1.2 Medical Necessity Criteria for Medicaid Mental Health and Substance Abuse Services November 1, 1999 (Revised) Attachment 7.0.1.2 Medical Necessity Criteria for Medicaid Mental Health and Substance Abuse Services 1. Medical Necessity Criteria 1.1. "IViedically necessary" mental health (and/or substance abuse) services are services: 1.1.1. Necessary for screening and assessing the presence of a mental illness or substance abuse disorder, and/or are; 1.1.2. Required to identify and evaluate a mental illness or substance disorder that is inferred or suspected and/or are; 1.1.3. Intended to treat, ameliorate, diminish or stabilize the symptoms of mental illness (or substance abuse) including impairment in functioning and/or are; 1.1.4. Expected to arrest or delay the progression of a mental illness (or substance abuse) disorder and to forestall or delay relapse and/or are; 1.1.5. Designed to provide rehabilitation for the recipient to attain or maintain an adequate level of functioning. 1.2. The determination of a medically necessary service must be: 1.2.1. Based upon an individualized, client-centered assessment of an individual's strengths, desires, needs, and supports. 1.3. Services selected based upon medical necessity criteria should be: 1.3.1. Delivered in a timely manner, with an immediate response in emergencies in a location that is accessible to the consumer; 1.3.2. Responsive to particular needs of multi-cultural populations and furnished in a culturally relevant manner; 1.3.3. Provided in the least restrictive appropriate setting; 1.3.4. Delivered consistent with national standards of practice, including Standards of practice in community psychiatry, psychiatric rehabilitation and in substance abuse, as defined by standard clinical references, generally accepted professional practice or empirical professional experience; 1.3.5. Provided in sufficient amount, duration and scope to reasonably achieve their purpose; 1 of 2 November 1, 1999 (Revised) Attachment 7.0.1.2—Medical Necessity Criteria for Medicaid Mental Health and Substance Abuse Services (Cont') 1.4. Using criteria for medical necessity, a CMHSP may: 1.4.1. Deny services that; a) are deemed ineffective for a given condition based upon professionally and scientifically recognized and accepted standards of care; b) which are experimental or investigational in nature, or; c) services for which there exists an appropriate, efficacious, less restrictive and cost-effective alternative service, setting or support, that otherwise satisfies the standards for medically necessary services; 1.4.2. The CMHSP may not deny covered services solely based on pre-set limits on the duration of services; instead, reviews of the continued need for services shall be conducted on an individualized basis; 1.4.3. Employ various methods to determine medical necessity, including prior authorization for certain services, concurrent utilization reviews, centralized assessment and referral, gatekeeping arrangements, protocols and guidelines. 1.5. All determinations regarding medically necessary services shall be made in a timely fashion, by appropriately trained mental health (or substance abuse) professionals with sufficient clinical experience. nn=, 2 of 2 November 1, 1999 (Revised) ATTACHMENT 7.0.1.4 Medicaid Administrative Hearing Requirements Novemberr 1, 1999 (Revisod) Attachment 7.0.1.4 Medicaid Administrative Hearings Requirements Federal law ( 42 CFR 31.200-250, 431.250-Fair Hearings) provides rights for fair hearings for Medicaid recipients. Medicaid recipients may file a request for an administrative hearing when a benefit is denied, terminated, suspended, or reduced as a result of a utilization review decision made by the CMHSP or its authorized designee. The Michigan Department of Community Health/Community Health Manual, General Administration Chapter, Legal Section provides the policy and procedures on Administrative Hearings. The Administrative Hearings Policy and Procedure is part of this attachment. Medicaid recipients must be informed of and have simultaneous access to: 1) the recipient rights procedure and 2) the MDCH Administrative Hearing Procedure established by federal law and departmental policy. I. Medicaid Administrative Hearing Requirements A. The CMHSP must adhere to the Administrative Hearings Policy and Procedures issued by the Department which were effective September 1, 1999. B. All Medicaid recipients must be told and informed in writing of their right to an administrative hearing, if a recipient does not agree with the type or amount of authorized services. When providing the Advance Notice of Action or the Notice of Denial of Service, the Notice of Hearing Rights and the Hearing Request forms must also be provided. Federal law requires that this information be given to or mailed to recipients. Note: Advance Notice of Action, Notice of Denial of Service, Notice of Hearing Rights, and Hearing Request forms are enclosed. Hearing Requestforms and pre-addressed envelopes are available from the Administrative Tribunal of MDCH. C. The CMHSP must identify who from the CMHSP will represent the CMHSP in Administrative Hearings. MDCH Responsibilities for the Administrative Hearing Procedure The MDCH will maintain an Administrative Hearing process to assure that Medicaid recipients involved in a CMHSP managed care plan or their legal representatives have the opportunity to appeal decisions of the CMHSP to deny, terminate, suspend, or reduce, Medicaid-covered services. This process will be administered by the Administrative Tribunal, P.O. Box 30195, Lansing, MI 48906. Page 1 of 4 Nov•mberr 1, 1999 (Revised) ADVANCE NOTICE OF ACTION Suspension, Reduction or Termination - Date tame ,dress City, State, Zip RE: Member's Name Member's ID Number Dear Following a review of the substance abuse treatment service(s) that you are currently receiving, it has been determined that the following service(s) shall be <terminated, suspended, or reduced> effective <date>. The reason for this action is <reason>. The legal basis for this decision is 42CFR440.230(d). Service(s) Effective Date If you do not agree with this action, you may request a Michigan Department of Community Health administrative hearing within 90 days of the date of notice. Hearing requests must be made in writing and signed by you or an authorized person. To request an administrative hearing, complete the "Hearing Request" form, and mail it in the enclosed envelope to: ADMINISTRATIVE TRIBUNAL MICHIGAN DEPARTMENT OF COMMUNITY HEALTH P.O. BOX 30195 LANSING, MI 48909-7695 You will continue to receive the affected substance abuse treatment service(s) in most circumstances until a hearing decision is rendered if your request for an administrative hearing is received within 10 days of receipt of this notice. If you want to know more about how an administrative hearing works, call (517) 335-9384. You may also request a review through the (CMHSP or CA). <Name of CMHSP orCA responsible for the coordination of recipient rights> <Address> <City, State, Zip> <phone Number - Voice> <Phone Number - Fax> You may request both an administrative hearing and a local grievance review. The hearing and grievance review processes may occur at the same time. You may contact the Administrative Tribunal or the (CMHSP or CA) if you have further questions. Enclosures: Hearing Request Form & Return Envelope •••• Page 2 of 4 NOTICE of DENIAL of SERVICE Date ,ame Address City, State, Zip RE: Member's Name Member's ID Number Dear Following a review of the substance abuse treatment service(s) for which you have applied, it has been determined that the following service(s) shall not be authorized. The reason for this denial is <reason>. The legal basis for this decision is 42CFR440.230(d). Service(s) Effective Date If you do not agree with this action, you may request a Michigan Department of Community Health administrative hearing within 90 days of the date of notice. Hearing requests must be made in writing and signed by you or an authorized person. :o request an administrative hearing, complete the "Hearing Request" form, and mail it in the enclosed envelope to: ADMINISTRATIVE TRIBUNAL MICHIGAN DEPARTMENT OF COMMUNITY HEALTH P.O. BOX 30195 LANSING, MI 48909-7695 If you want to know more about how an administrative hearing works, call (517) 335-9384. You may also request a review through the (CMHSP or CA). <Name of CMHSP or CA responsible for the coordination of recipient rights > <Address> <City, State, Zip> <Phone Number- Voice> <Phone Number - Fax> You may request both an administrative hearing and a local grievance review. The hearing and grievance review processes may occur at the same time. You may contact the Administrative Tribunal or the (CMHSP or CA) if you have further questions. c.nclosures: Hearing Request Form & Return Envelope Page 3 of 4 Michigan Department of Community Health Administrative Tribunal NOTICE of HEARING RIGHTS Substance Abuse Treatment Service Authorization Date Name Address City, State, Zip RE: Member's Name Member's ID Number Dear You have been authorized to receive substance abuse treatment services. The coordinating agency , (CA) is responsible for the authorization of these services. The legal basis for any utilization review decisions is 42CFR440.230 (d). If you do not agree with the scope, duration, or intensity of the services included in this authorization )r substance abuse treatment services, you may request a Michigan Department of Community Health administrative hearing before an administrative law judge. The request must be in writing, signed by you and your authorized hearing representative, and received by the Department or (CMHSP or CA) within 90 days of the date of this authorization. To request an administrative hearing, complete the "Hearing Request" form, and mail it in the enclosed envelope to: ADMINISTRATIVE TRIBUNAL MICHIGAN DEPARTMENT OF COMMUNITY HEALTH P.O. BOX 30195 LANSING, MI 48909-7695 If you want to know more about how an administrative hearing works, call (517) 335-9384. Enclosures: Hearing Request Form Return Envelope Page 4 of 4 C. Provider Network Development and Standards 1. Procurement The CA is responsible for the development of the service delivery system and the establishment of sufficient administrative capabilities to carry out the requirements and obligations of this Attachment. When the CA subcontracts for the provision of clinical services, program operation, or administrative support functions, the processes for selection of subcontractors will conform to applicable CA policies, county regulations, state statutes and administrative rules, and/or other federal requirements. 2. Selective Subcontracting and Subcontract Stipulations The CA may subcontract for the provision of any of the services specified in this Attachment. The CA shall ensure that all such subcontracts are consistent with the provisions of this Attachment, which shall prevail in the event of a conflict. Subcontracts must ensure that the MDCH is in no way a party to any employer/ employee relationship with the subcontractee of the CA. All providers must, at a minimum, meet all of the following criteria: a. Licensed by the Michigan Department of Consumer and Industry Services to provide each type of substance abuse service subcontracted for. b. Accredited as an alcohol and/or drug abuse program by one of five national accreditation bodies; Joint Commission on Accreditation of Health Care Organizations, Commission on Accreditation of Rehabilitation Facilities, American Osteopathic Association, Council on Accreditation of Services for Families and Children, or National Committee on Quality Assurance. c. Willing and able to meet all Plan requirements and provide services and/or benefits at reimbursement rates established by the CA. d. As related to the requirements of the Medicaid Waiver approved by the Health Care Financing Administration (HCFA), subcontracts/vendors arrangements entered into by the CA shall consider the following: (1) Duty to treat and accept referrals. (2) Prior authorization requirements. (3) Access standards and treatment time lines. (4) Relationship with other providers. (5) Reporting requirements. (6) QA/Q1 Systems. (7) Payment arrangements (including coordination of benefits) and solvency requirements. (8) Anti-delegation clause. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 16 3. Staff Credentialing for Plan Services The CA shall assure that personnel are licensed, certified, registered or otherwise credentialed, and qualified to carry out their responsibilities. This applies to all personnel who provide Consumer services or Consumer benefits who are employed or engaged by the CA or subcontracted providers. Services provided by health professionals performing their art in an another state shall be licensed, if required, by their resident state. 4. Training The CA must provide initial and on-going training to staff including, but not limited to, areas related to abuse and neglect, behavior management, person- centered planning, and crisis management, as appropriate. D. Customer Services 1. The CA must provide a range of customer services to its customers (consumers and potential consumers). Customer services must be an identifiable management function and must minimally include: a. An appropriate method of orientating new consumers to the services and benefits available, including how persons gain access to services. b. Informational brochures for both consumers and family members. c. An appropriate method of orientating the general community to the eligibility criteria and availability of services offered and available. d. Information regarding the availability of primary prevention services or other services that are available to the general community. e. Publicizing a toll-free telephone number for individuals making inquires about services. Identifying the designated agency(ies) that eligible individuals may contact for assessment and authorization. Maintaining a list of substance abuse providers from which eligible individuals may choose to see once the need for services has been determined. h. A role for Consumers in the process of Consumer services including assistance to other Consumers. All customer services must be provided in a manner that demonstrates cultural competencies and accommodation of disabilities. Consideration must be given to Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 17 g. language and forms of communication and presented in an understandable manner to the individual. E. Care Coordination The CA must assure coordination of Consumer substance abuse services with other agencies and health programs. This includes coordination with mental health services when necessary and appropriate, for Consumers with dual conditions (mental health/substance abuse and/or developmental disabilities/substance abuse). F. Data Collection and Reporting Per the existing contractual agreement between the MDCH and the substance abuse coordinating agencies, the CAs have contractual obligations to collect and report required client and services information on funded services, including Medicaid- funded services. The CAs also are obligated to submit performance indicator and sentinel events reports for Medicaid services, to the CMH Authority and MDCH . G. Fiscal Management 1. Handling of Medicaid Funds The CA will reimburse providers for Medicaid substance abuse services on a timely basis after services are delivered. A mechanism must exist within the CA financial structure to account for the substance abuse Medicaid services separately from other state funding sources. Substance abuse Medicaid funds may only be used for substance abuse services for Medicaid eligible Consumers. 2. Tracking Incurred Claims The CA is responsible for establishing a management system for incurred claims with providers including specific time frames for submission of claims by providers to the CA for reimbursement. 3. Copayments and Therapeutic/Other Fees a. Medicaid recipients of services under the Plan may not be charged copayments or therapeutic/other fees for their services unless required by a third-party insurer. If no third-party insurance reimbursement is available for a Medicaid recipient, providers must accept the Medicaid reimbursement from the CA as payment in full. b. Court-Ordered Treatment — The CA shall communicate as necessary and appropriate with local courts concerning the requirement that Medicaid Recipients not be charged Copayments of fees, except as provided in Paragraph 3A above. In the event of any unresolved Copayments or fees ordered by a court, the CA shall notify the CMH Authority. The CA is under no obligation to dispute or contest any Court order for copayments or fees. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 18 • fi c. Medicare - For Medicaid eligibles who have Medicare coverage, the CA is responsible for any Medicare coinsurance and deductible payments, for specialty services for which the CA is responsible. 4. Third-Party Liability Responsibilities The CA is required to assure that providers are required to pursue, recover, and apply all third-party resources, including Medicare, of Medicaid recipients for all Medicaid claims submitted by providers for reimbursement. 5. Claims Payment a. The CA must have and maintain a claims processing system that is adequate to fulfill the obligations of this Attachment. The CA is responsible for reimbursing providers based on the claims submitted and authorized. The CA agrees to pay their subcontractors for all claims submitted that are complete and without error within forty-five (45) days of receipt as referenced in the FY02 State Appropriations Act (PA. 60). The payment process established must assure sufficient edits and reconciliations to insure potential error situations are detected (duplicate claims, invalid codes, ineligible Consumers, uncovered/denied services, etc.). 6. Claim Appeals The CA is responsible for establishing a timely process to handle the appeals of claims denied. 7. Financial Information The CA will provide all reasonable and necessary requests for financial information as available, including monthly expenditure statements, due by the 20th of the following month and quarterly reports. 8. Cost Settlement and Audit The parties agree that this contract will be cost settled in accordance with actual expenditures by the CA. In this cost settlement process the CA shall be reimbursed by the Authority for any and all actual costs incurred or expended in performing any services under this Agreement and in turn the CA agrees to return to the Authority any such unexpended funding received from the Authority. The cost settlement will take place within 90 days of the completion of each fiscal year for the term of the contract and will be initiated by receipt of the end of year fiscal report fro the CA within 45 days of the end of the year. The cost settlement is subject to change based upon a County audit, Authority audit and other State or Federal audits. 9. Savings Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 19 a 1 1 The CA shall receive the use of Medicaid end of year savings, up to 5%, of the total fiscal year payments received by the Authority from MDCH under this Agreement to be reinvested in services in the following fiscal year in accordance with an Authority approved plan. Inter-Governmental Contract County Of Oakland and Oakland County Community Mental Health Authority Fiscal Year 2003 20 to FISCAL NOTE (MISC. #02320) December 12, 2002 BY: Finance Committee, Sue Ann Douglas, 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 the period from October 1, 2002 to September 30, 2003. 4. This contract requires OCCMHA to pay Oakland County $136,226.30 per month for the term of the agreement, for a total of $1,634,715.60. 5. Funding relating to the acceptance of this agreement has been included in the Fiscal Year 2003 budget, no budget amendments are required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Taub and Melton absent. HEREBY 12,R9 -il FOREGOING RES(' on. County EA ocutive tAllanaemaguer G. William Caddell, County Clerk 4 $ , Resolution #02320 December 12, 2002 Moved by Patterson supported by Appel the resolution be adopted. AYES: Crawford, Dingeldey, Douglas, Galloway, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey- Mitchell. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 12, 2002, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of tly County of Oakland at Pontiac, Michigan this 12th day of December, 2002.