HomeMy WebLinkAboutResolutions - 2022.11.17 - 37734
AGENDA ITEM: Interlocal Agreement with the Oakland Community Health Network for Mental
Health Services and Substance Use Disorder Services 22-388
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, November 17, 2022 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
52-1 District Court (Novi) Penny Luebs
INTRODUCTION AND BACKGROUND
The 52nd District Courts Mental Health Court has increasingly been receiving referrals for
individuals who have, or appear to have, a mental illness and/or a substance-use disorder.
Individuals in these special high-risk populations have significant rates of recidivism and are likely
to be detained or incarcerated if left untreated. The 52nd District Courts Mental Health Court (MHC)
was developed as an alternative to detention for individuals who suffer from mental illness. The
52nd District Courts MHC was developed as an alternative to detention for individuals who suffer
from substance-use disorders. A partnership with the Oakland Community Health Network (OCHN)
and the 52nd District Court MHC has been established to collaborate in providing assessment,
crisis intervention, and treatment to individuals involved in the 52nd District Court MHC who have
substance abuse and/or mental health issues with a goal of reducing the need to detain and reduce
future incidences of recidivism, avoiding further costly juvenile detention and jail sentences.
This is a request to approve an interlocal agreement between the 52nd District Courts Mental Health
Court and the Oakland Community Health Network.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Alexandra Black, District Court Administrator blacka@oakgov.com
ITEM REVIEW TRACKING
Penny Luebs, Created/Initiated - 11/17/2022
David Woodward, Board of Commissioners Approved - 11/17/2022
Hilarie Chambers, Executive's Office Approved - 11/21/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 11/22/2022
AGENDA DEADLINE: 11/17/2022 6:00 PM
COMMITTEE TRACKING
2022-11-01 Public Health & Safety - Recommend to Board
2022-12-17 Full Board - Adopted
ATTACHMENTS
1. FY 2023 MHC Interlocal OCHN (52nd DC)_maj edits_2022.09.07
November 17, 2022
RESOLUTION #2022-2225 _ 22-388
Sponsored By: Penny Luebs
52-1 District Court (Novi) - Interlocal Agreement with the Oakland Community Health Network
for Mental Health Services and Substance Use Disorder Services
Chairperson and Members of the Board:
WHEREAS pursuant to the Urban Cooperation Act, MCL 124.501 et seq., the County/Court and the
Oakland Community Health Network (OCHN) would like to enter into an agreement for the purpose of
providing mental health and substance-use disorder evaluations and other mental health and
substance-use disorder services to-the Court through a Court Liaison; and
WHEREAS the agreement period is effective from October 1, 2022 through September 30, 2023
unless terminated according to provisions in the agreement; and
WHEREAS OCHN will be reimbursed up to $92,300 for FY 2023; and
WHEREAS once awarded, funding for these services and the Court Liaison position, in FY 2023, will
be included in the Michigan Drug Court Grant Program, administered by the State Court
Administrative Office (SCAO); and
WHEREAS an agreement has been reviewed by the County's Corporation Counsel; and
WHEREAS the agreement has been presented to the OCHN for their approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the attached intergovernmental agreement between 52nd District Courts Mental Health Court and the
Oakland Community Health Network for mental health services and substance-use disorder services.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the payment of $92,300
to Oakland Community Health Network for providing these mental health services for individuals
participating in the 52nd District Courts Mental Health Court.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms
and conditions of this agreement.
BE IT FURTHER RESOLVED a budget amendment is not required at this time as funding for the
mental health services and substance-use disorder services will be included in the FY 2023 52nd
District Courts Mental Health Court Program via separate resolutions.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: November 17, 2022
David Woodward, Commissioner
Date: November 21, 2022
Hilarie Chambers, Deputy County Executive II
Date: November 22, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-11-01 Public Health & Safety - Recommend to Board
2022-12-17 Full Board - Adopted
VOTE TRACKING
Motioned by Commissioner Kristen Nelson seconded by Commissioner Michael Spisz to adopt the
attached Interlocal Agreement: with the Oakland Community Health Network for Mental Health
Services and Substance Use Disorder Services .
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert,
Gwen Markham, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (17)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. FY 2023 MHC Interlocal OCHN (52nd DC)_maj edits_2022.09.07
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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
November 17, 2022, 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 Circuit Court at
Pontiac, Michigan on Thursday, November 17, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 1
FY2023
Interlocal Agreement Between
County of Oakland and
Oakland Community Health Network
OCHN Contract Number 2022-0477-JUS
This Agreement (“Agreement”) is made and entered into between the COUNTY OF OAKLAND
(“County”), a Michigan Constitutional and Municipal Corporation, a political subdivision of the
state of Michigan, whose address is 1200 North Telegraph, Pontiac, Michigan 48341 and
OAKLAND COMMUNITY HEALTH NETWORK (hereafter “OCHN”), 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 5505 Corporate Drive, Troy, Michigan 48098.
In this Agreement, either the OCHN or the County may also be referred to individually as a “Party”
or jointly as the “Parties.”
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree as follows:
1.Purpose of Agreement
1.1. Pursuant to the Urban Cooperation Act, MCL 124.501 et seq., County and OCHN enter
into this Agreement for the purpose of providing mental health services to the 52nd
District Courts through a full-time OCHN Specialty Court Liaison.
1.2.The public purpose of this Agreement is to allow the County and OCHN to
collaborate in providing mental health support services to individuals involved in the
criminal justice system in the 52nd District Courts Mental Health Court program
who have or appear to have a mental health diagnosis. These services are provided
under the Michigan Mental Health Court Grant Program administered by the State
Court Administrative Office (SCAO).
2.Definitions.
2.1.Agreement Documents means the following documents, which this Agreement
includes and incorporates:
2.1.1. Exhibit I: Financial and Reporting Obligations
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 2
2.1.2. Exhibit II: Scope of Services
2.1.3. Exhibit III: Contractor Insurance Obligations
2.1.4. Exhibit IV: Business Associate Agreement
2.2.Mental Health Court (MHC) means a judicially supervised treatment program as an
alternative to incarceration for qualifying misdemeanor offenders identified with a
serious mental illness, serious emotional disturbance or developmental disability as
defined by MCL 330.1100 via a clinical assessment within the past two years (older
assessment accepted if consistently engaged in treatment since diagnosis) or if OCHN
determines eligibility.
2.3.Claim means any and all third-party losses, complaints, demands for relief, damages,
lawsuits, causes of action, proceedings, judgments, deficiencies, penalties, costs and
expenses, including reimbursement for reasonable attorney fees, witness fees, court
costs, investigation, litigation expenses, amounts paid in settlement, and/or any other
amount for which either Party becomes legally and/or contractually obligated to pay,
whether direct, indirect, or consequential, whether based upon any alleged violation of
the constitution (federal or state), any statute, rule, regulation, or the common law,
whether in law or equity, tort, contract, or otherwise, and whether commenced or
threatened.
2.4.Concurrent Board Member means any Oakland County Commissioner who is also
serving as a member of the OCHN Board.
2.5.County means the County of Oakland and its departments, divisions, commissioners,
elected officials, appointed officials, directors, board members, council members,
authorities, officers, committees, commissions, employees, agents, subcontractors,
volunteers, representatives, “Concurrent Board Member,” or any such persons'
successors (whether such persons act or acted in their personal representative or official
capacities). For purposes of this Agreement, Oakland County also includes the 52nd
District Courts for the State of Michigan (“Court”).
2.6.Oakland Community Health Network (“OCHN”) means the statutorily created
public agency that is responsible for the provision of public mental health and
behavioral health services eligible persons in Oakland County and its departments,
commissions, boards, institutions, arms, agencies, and instrumentalities and their
present, and future directors, officers, employees, attorneys, agents, representatives,
consultants, contractors, subcontractors, and volunteers.
2.7.Specialty Court Liaison means the individual hired or contracted by OCHN to provide
the services described in Exhibit II, which is fully incorporated here by reference, for
the Court.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 3
2.8.Service Provider means a qualified public or private agency contracted by OCHN that
employs individuals that provide mental health support services to adults accepted into
the Mental Health Treatment Court.
2.9.Supreme Court Administrative Office (SCAO) means the administrative agency of the
Michigan Supreme Court authorized by the Michigan Supreme Court to administer the
Michigan Drug Court Grant Program.
3.Terms
3.1.OCHN Obligations. Subject to the terms and conditions contained in this Agreement
and applicable changes in law, OCHN will perform the following:
3.1.1. The OCHN provide the services of a Specialty Court Liaison who will meet or
exceed the qualifications described in Exhibit II, provide the services and perform the
work described in Exhibit II.
3.1.2. OCHN shall be responsible for providing OCHN-specific training, supervision,
supplies, and equipment necessary for the Specialty Court Liaison to perform the
work described in Exhibit II.
3.1.3. The Parties agree that the Specialty Court Liaison is not, and is not intended to be,
a Court or County employee. Specialty Court Liaison is an employee of the OCHN
or Service Provider, which has agreed to provide the mental health support services
described in Exhibit II through the mechanism of a Specialty Court Liaison.
3.1.4. The County shall not be responsible and shall have no liability for benefits, if any,
for which the Specialty Court Liaison may be eligible by reason of their employment
with OCHN or its subcontractor. To the extent applicable, for full-time employees
such benefits may include retirement benefits, pension rights, insurance rights, fringe
benefits, training, holiday pay, sick pay, vacation pay or such other rights or
provisions arising out of an agreement of hire or an employer-employee relationship,
whether express or implied.
3.1.5. OCHN shall either provide on behalf of the Specialty Court Liaison, on behalf of
the Specialty Court Liaison, insurance or self-insurance sufficient to meet the
County’s requirements, as set forth in Exhibit III, which is incorporated here by
reference.To the extent applicable, OCHN shall require its contractors and
subcontractors not protected under OCHN’s insurance policies to procure and
maintain insurance with coverages, limits, provisions, and clauses equal to those
required in this Agreement, and that are specifically endorsed to name “Oakland
County” as an additional insured.
3.1.6. Information obtained by the Specialty Court Liaison may be subject to the Health
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 4
Insurance Portability and Accountability Act of 1996 (HIPAA) and Health
Information Technology for Economic and Clinical Act (HITECH Amendment).
OCHN shall ensure that the Specialty Court Liaison complies with HIPAA, the
HITECH Amendment and all other relevant statutes and obligations regarding use
and dissemination of protected health information (“PHI”) as defined in 45 CFR
160.103 when applicable.
3.1.7. To ensure timely payment, OCHN will invoice the County monthly for the services
provided by the Specialty Court Liaison. OCHN will calculate this amount based on
the employment costs of the Specialty Court Liaison not to exceed ninety-two
thousand three hundred dollars ($92,300) for the remaining grant fiscal year.
3.1.8. If the Specialty Court Liaison fails to perform the work described in Exhibit II or
fails to conform to the terms and conditions set forth in the Michigan Mental Health
Court Grant, County may request a replacement Specialty Court Liaison from
OCHN. OCHN shall make reasonable efforts to provide a replacement Specialty
Court Liaison and ensure continuation of the services described in Exhibit II.
3.2.County Obligations. Subject to the terms and conditions contained in this Agreement
and applicable changes in law, County will perform the following:
3.2.1. The County agrees to pay the not to exceed sum of $92,300 during the Grant Fiscal
Year to OCHN for providing the Court Liaison services beginning October 1, 2022
through September 30, 2023 (“Grant Fiscal Year”). The County shall have no
responsibility or obligation of any type for providing any employee benefits or
insurance, including workers compensation insurance for the Specialty Court Liaison.
3.3.Term and Renewal.
3.3.1.Term. This Agreement shall begin on October 1, 2022 and shall expire on
September 30, 2023.
3.3.2.Renewal. The Parties are under no obligation to renew or extend this Agreement.
3.3.3.Agreement Modifications or Amendments. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and agreed to by
both Parties.
3.3.4.Legal Effect. This Agreement shall not become effective before all of the following
occur: (a) the Agreement is signed by all Parties, and (b) to the extent applicable, the
Agreement is approved by the County’s and the OCHN’s governing bodies.
3.4.Termination. Either Party may terminate this Agreement for any reason upon ninety
(90) days written notice to the other Party.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 5
3.5.Grant Funds Unavailable. Either party may terminate this Agreement immediately
if SCAO advises County that Michigan Mental Health Court Grant Program Funds
become unavailable.
3.6.Obligations on Termination. Upon termination or expiration of this Agreement,
County will pay any sums due and owing for services provided by OCHN through the
date of termination. OCHN will return to County any identification or access badges
which permitted Specialty Court Liaison to access any County facilities.
3.7.Independent Contractor Relationship. The relationship of OCHN and County to
each other is that of independent Contractors. Nothing in this Agreement creates an
employer-employee relationship between the County (including any of its employees)
and OCHN (including any of its employees, agents, or contractors). Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees,
agents, and servants during the term of this Agreement. No liability, right or benefits
arising out of an employer/employee relationship, either express or implied, shall arise
or accrue to either Party as a result of this Agreement.
3.8.No Indemnification.
3.8.1. Except as otherwise provided in this Agreement, each Party shall be responsible for
its own acts and the acts of its employees, agents, and subcontractors, the costs
associated with those acts, and the defense of those acts. In no event and under no
circumstances in connection with or as a result of this Agreement shall either party
be liable to the other party including any of its Agents, 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 from
the Juvenile Mental Health Court or Juvenile Drug Treatment Court Services
provided under this Agreement.
3.8.2. Neither Party shall have any right under this Agreement or under any other legal
principle to be indemnified or reimbursed by the other Party or any of its agents in
connection with any Claim.
3.8.3. In any Claim that may arise from the performance of this Agreement, each Party
shall seek its own legal representation and bear the costs associated with such
representation, including judgments and attorney fees.
3.9.Limitation of Liability. In no event shall any party be liable to the other party for any
special, indirect, or consequential damages or any damages whatsoever resulting from
performance under this Agreement.
3.10.No Third-Party Beneficiaries. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise,
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 6
contractual right or benefit, right to indemnification, right to subrogation or any other
right in favor of any other person or entity.
3.11.Reservation of Rights. This Agreement does not, and is not intended to, impair,
divest, delegate, or contravene any constitutional, statutory, or other legal right,
privilege, power, or immunity of the Parties. Nothing in this Agreement is a waiver of
governmental immunity by either Party.
3.12.No Transfer of Duties. Except as provided herein, neither Party shall delegate,
subcontract, or assign any obligations or rights under this Agreement without the prior
written consent of the Parties. This Agreement does not, and is not intended to, transfer,
delegate, or assign to the other Party any civil or legal responsibility, duty, obligation,
duty of care, cost, legal obligation or liability associated with any governmental
function delegated or entrusted to either Party under any existing law or regulation.
3.13.Force Majeure. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from performing
due to causes beyond their reasonable control, including but not limited to: (a) acts of
public enemies; (b) natural disasters; (c) terrorism; (d) war; (e) insurrection or riot; (f)
natural disasters; or (g) pandemics. Reasonable notice shall be given to the affected
Party of such event. The Parties are expected, through insurance or alternative
temporary or emergency service arrangements, to continue their contractual duties or
obligations if a reasonably anticipated, insurable business risk, such as business
interruption or any insurable casualty or loss occurs.
3.14.Discrimination. The Parties shall not discriminate against their employees, agents,
applicants for employment, or another person or entities with respect to hire, tenure,
terms, conditions, and privileges of employment, or any matter directly or indirectly
related to employment in violation of any state of federal law.
3.15.Severability. If a court of competent jurisdiction finds a term, or condition, of this
Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed
from this Agreement. All other terms, conditions, and provisions of this Agreement
shall remain in full force.
3.16.Notices. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first-class U.S. mail
postage prepaid, and addressed to the person listed below. Notice will be deemed given
on the date when one of the following first occur: (1) the date of actual receipt; (2) the
next business day when notice is sent express delivery service or personal delivery; or
(3) three days after mailing first class or certified U.S. mail.
3.16.1. If Notice is sent to the County, it shall be addressed and sent to: 1200 North
Telegraph, Pontiac, Michigan 48341.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 7
3.16.2. If Notice is sent to the OCHN, it shall be addressed and sent to: 5505 Corporate
Drive, Troy, MI 48098.
3.16.3. Either Party may change the address and/or individual to which Notice is sent by
notifying the other Party in writing of the change.
3.17.Governing Law. This Agreement shall be governed, interpreted, and enforced by the
laws of the State of Michigan without giving effect to its conflict of law principles.
3.18.Jurisdiction and Venue. Except as otherwise required by law or court rule, any action
brought to enforce, interpret, or decide any Claim(s) arising under or related to this
Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan,
the 50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction
of the court. Except as otherwise required by law or court rule, venue is proper in the
courts set forth above. The choice of forum set forth above shall not be deemed to preclude
the enforcement of any judgment obtained in such forum or taking action under this
Agreement to enforce such judgment in any appropriate jurisdiction.
3.19.Entire Agreement. This Agreement with the Agreement Documents represents the
entire Agreement between the Parties and supersedes all other Agreements between the
Parties governing the matters described. In entering into this Agreement, each Party
acknowledges that it has not relied upon any prior or contemporaneous agreement,
representation, warranty, or other statement by the other Parties that is not expressly
set forth in this Agreement, and that any and all such possible, perceived or prior
agreements, representations, understandings, statements, negotiations, understandings
and undertakings, whether written or oral, in any way concerning or related to the
subject matter of this Agreement are fully and completely superseded by this
Agreement.
3.20. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
(Remainder of page intentionally blank)
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 8
The Parties, by signing below, enter into this Interlocal Agreement for the Services of a Mental
Health Liaison for the 52ND District Court.
For the Oakland Community Health Network:
___________________________________________Date:______________
Callana Ollie
Chief Legal Officer
___________________________________________Date: ______________
Anya Eliassen
Chief Financial Officer
For Oakland County:
Date:______________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 9
FY2023
Interlocal Agreement Between
County of Oakland and
Oakland Community Health Network
OCHN Contract Number 2022-0477-JUS
______________________________________________________________________________
EXHIBIT I: Financial and Reporting Obligations
The not-to-exceed (NTE) amount of this agreement for a fiscal year is $92,300 and Oakland
County
will fund the OCHN through awarded Michigan Mental Health Court Grants as follows:
Except as otherwise provided in this Agreement or any Agreement Documents, the OCHN will be
reimbursed up to $92,300 for fiscal year expenses associated with a Specialty Court Liaison.
The expenditure reports must be submitted to Probation Supervisor/MHC David Campbell
campbelld@oakgov.com on a monthly basis no later than fifteen (15) days after the close of each
calendar month.
The NTE indicates the maximum possible financial obligation of Oakland County regardless of
OCHN’s total costs and expenditures under this Agreement.
The OCHN will be reimbursed monthly for expenditures incurred after the submission, review and
approval by the Probation Supervisor/MHC Coordinator David Campbell of each expenditure
report.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 10
FY2023
Interlocal Agreement Between
County of Oakland and
Oakland Community Health Network
OCHN Contract Number 2022-0477-JUS
__________________________________________________________________
EXHIBIT I: Scope of Services
The Oakland County 52nd District Court - Mental Health Court has been awarded funds through
the Michigan Mental Health Court Grant Programs with the Supreme Court Administrative
Office (SCAO) to contract with Oakland Community Health Network (OCHN) for a Specialty
Court Liaison.
The role of the Specialty Court Liaison is to provide information, referrals, screening, and
assessment of eligibility for public mental health services in Oakland County for adults with
mental illness, intellectual/developmental disabilities, substance use disorders and/or
co-occurring disorders. The Specialty Court Liaisons develops initial treatment plans, as well
as discharge plans, while providing coordination and collaboration with other entities that can
support individuals in meeting their immediate needs.
I.Staff Qualifications:
A.The Specialty Court Liaison must possess a Master’s degree in a mental health field.
B.Have three (3) years of experience in social work, human services, criminology,
psychology, or related field.
C.Valid driver’s license
D.Knowledge Requirements:
Knowledge of the OCHN system, providers, eligibility criteria, and
community referral resources
Knowledge of OCHN provider network, and how to access additional
community services.
Knowledge and understanding of admission and discharge criteria for each
treatment program and be able to determine and designate appropriate levels
of care.
Knowledge of DSM-IV TR and DSM-V criteria.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 11
Knowledge of Michigan Mental Health Code.
Understanding of recipient rights policies.
Understanding of trauma informed principles.
Knowledge of LOCUS, CAFAS, and ASAM requirements.
Knowledge of substantial functional limitations.
Ability to use basic intervention skills.
II.Essential Functions
A.Conduct a mental health/substance use screening, and applicable assessment tools,
of potential participants in a time frame agreed upon by the parties.
B.Create an initial treatment plan/discharge plan for each accepted participant.
C.Provide on-going case management for each participant, specifically by monitoring
compliance and progress with the treatment plan. Coordinates with treatment
provider as needed.
D.Serve as the primary team member that arranges services for treatment, employment
and/or education, housing, and any other ancillary services.
E.Identify primary agency(s) for participants to be referred for mental health services
and/or co-occurring disorders services. Schedule intakes with OCHN’s provider
network.
F.Provide description of services including admissions and discharge criteria available
to Specialty Court participants and notify the court in writing of any changes in
program services offered.
G.Communicate maximum time frames needed for conducting the initial mental health
screening and assessments and start date of treatment program after acceptance into
Specialty Court.
H.Coordinate with treatment provider regarding compliance and progress reports.
Provide information to court as needed.
I.Develop preferred methods, forms, and timetables for exchanging information
between agency and mental health court personnel regarding agency related progress
and compliance of program participants, including appointment attendance,
medication compliance, drug and alcohol test results, individualized treatment plan
status, progress, changes, agency discharge plans, and recommendations for
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 12
continuing care or additional service needs.
J.Participate in treatment team meetings and in status review hearings.
K.Arrange and coordinate with substance use agency for substance use disorder
treatment services for persons with co-occurring mental health and substance use
disorders.
L.Provide training to team members on how to screen for individuals exhibiting
symptoms of mental illness and/or co-occurring disorders.
M.Provide information to the Specialty Court team on relevant mental health
confidentiality and recipient rights laws.
N.Participate in trainings related to mental health issues and Specialty Court.
O.Other duties as assigned.
III.Billing
a.Services are supported as a Staffing Grant at a prorated annualized rate of $92,300.
b.The Specialty Court Liaison must complete a billing form that will be provided by
the County for reimbursement for mileage. County shall reimburse mileage through
available funding outside of the Michigan Mental Health Court Grant fund, and
such amounts shall not be subject to the NTE amount otherwise set forth in this
Agreement.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 13
FY2023
Interlocal Agreement Between
County of Oakland and
Oakland Community Health Network
OCHN Contract Number 2022-0477-JUS
______________________________________________________________________________
EXHIBIT III: Contractor Insurance Requirements
At all times during this Contract, including renewals and extensions, OCHN shall either
provide on behalf of the Treatment Court Liaison, or require that the designated Service
Provider to provide and maintain, on behalf of the Treatment Court Liaison, insurance or self-
insurance sufficient to meet the County’s requirement according to the following
specifications.
§ 1.Primary Coverages
Commercial General Liability Occurrence Form including: (a) Premises and Operations;
(b) Products and Completed Operations (including On and Off Premises Coverage); (c)
Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Independent
Contractors; (f) Broad Form Contractual including coverage for obligations assumed in this
Contract:
$1,000,000 – Each Occurrence Limit
$1,000,000 – Personal & Advertising Injury
$2,000,000 – Products & Completed Operations Aggregate Limit
$2,000,000 – General Aggregate Limit
$ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability)
Professional Liability/Errors & Omissions Insurance with minimum limits of $1,000,000 per
claim and $1,000,000 aggregate.
Workers’ Compensation Insurance with limits statutorily required by any applicable Federal
or State Law and Employers Liability insurance with limits of no less than $500,000 each
accident, $500,000 disease each employee, and $500,000 disease policy limit.
1.☐ Fully Insured or State approved self‐insurer.
2.☐ Sole Proprietors must submit a signed Sole Proprietor form.
3.☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC‐
337 Certificate of Exemption.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 14
Commercial Automobile Liability Insurance covering bodily injury or property damage
arising out of the use of any owned, hired, or non‐owned automobile with a combined single
limit of $1,000,000 each accident. This requirement is waived if there are no company owned,
hired or non‐owned automobiles utilized in the performance of this Contract.
Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each
occurrence. Umbrella or Excess Liability coverage shall be no less than following form of
primary coverages or broader. This Umbrella/Excess requirement may be met by increasing
the primary Commercial General Liability limits to meet the combined limit requirement.
§ 2.Supplemental Coverages
1.Medical Malpractice with minimum limits of $3,000,000 per claim and $3,000,000
aggregate.
§ 3.General Insurance Conditions
The aforementioned insurance shall be endorsed, as applicable, and shall contain the following
terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of
compliance with all required terms, conditions and/or endorsements.
1.All policies of insurance shall be on a primary, non‐contributory basis with any other
insurance or self‐insurance carried by the County;
2.The insurance company(s) issuing the policy(s) shall have no recourse against the County
for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments
under any form. All policies shall be endorsed to provide a written waiver of subrogation
in favor of the County;
3.Any and all deductibles or self‐insured retentions shall be assumed by and be at the sole risk of the
OCHN;
4.The Commercial General Liability, Professional Liability, Commercial Automobile Liability
and Workers Compensation policies along with any required supplemental coverages shall be
endorsed to name the County of Oakland and it officers, directors, employees, appointees
and commissioners as additional insured where permitted by law and policy form with
respect to work performed under this Agreement;
5.Certificates of insurance must be provided no less than ten (10) Business Days prior to the
County’s execution of the Contract and must bear evidence of all required terms,
conditions and endorsements; and
6.All insurance carriers must be licensed and approved to do business in the State of
Michigan and shall have and maintain a minimum A.M. Best’s rating of A‐ unless
otherwise approved by the County Risk Management Department.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 15
FY2023
Interlocal Agreement Between
County of Oakland and
Oakland Community Health Network
OCHN Contract Number 2022-0477-JUS
______________________________________________________________________________
EXHIBIT IV: BUSINESS ASSOCIATE AGREEMENT
Health Insurance Portability and Accountability Act Requirements
Exhibit IV is a Business Associate Agreement (BAA) between OCHN (“Business Associate”)
and County (“Covered Entity”). This Exhibit is incorporated into Interlocal Agreement and shall
be hereinafter referred to as the “BAA.” The purpose of this BAA is to facilitate compliance with
the Privacy and Security Rules and to facilitate compliance with HIPAA and the HITECH
Amendment to HIPAA.
§1. DEFINITIONS. The following terms have the meanings set forth below for purposes of
the BAA, unless the context clearly indicates another meaning. Terms used but not
otherwise defined in this BAA have the same meaning as those terms in the Privacy Rule.
1.1 Agreement means the main Interlocal Agreement document to which this exhibit is
attached between County and OCHN.
1.2 Business Associate. “Business Associate” means OCHN and its designated service
providers.
1.3 CFR. “CFR” means the Code of Federal Regulations.
1.4 Covered Entity. “Covered Entity” means the County of Oakland as defined in the
Contract.
1.5 Designated Record Set. “Designated Record Set” is defined in 45 CFR 164.501.
1.6 Electronic Health Record. “Electronic Health Record” means an electronic record of
health-related information on an individual that is created, gathered, managed, and
consulted by authorized health care clinicians and staff.
1.7 HIPAA. “HIPAA” means the Health Insurance Portability and Accountability Act of
1996.
1.8 HITECH Amendment. “HITECH Amendment” means the changes to HIPAA made by
the Health Information Technology for Economic and Clinical Health Act.
1.9 Individual. “Individual” is defined in 45 CFR 160.103 and includes a person who
qualifies as a personal representative in 45 CFR 164.502(g).
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 16
1.10 Privacy Rule. “Privacy Rule” means the privacy rule of HIPAA as set forth in the Standards
for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164,
subparts A and E.
1.11 Protected Health Information. “Protected Health Information” or “PHI” is defined in
45 CFR 160.103, limited to the information created or received by Business Associate
from or on behalf of Covered Entity.
1.12 Required By Law. “Required By Law” is defined in 45 CFR 164.103.
1.13 Secretary. “Secretary” means the Secretary of the Department of Health and Human
Services or his or her designee.
1.14 Security Incident. “Security Incident” is defined in 45 CFR 164.304.
1.15 Security Rule. “Security Rule” means the security standards and implementation
specifications at 45 CFR part 160 and part 164, subpart C.
§2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE. Business
Associate agrees to perform the obligations and activities described in this Section.
2.1 Business Associate understands that pursuant to the HITECH Amendment, it is subject to
the HIPAA Privacy and Security Rules in a similar manner as the rules apply to Covered
Entity. As a result, Business Associate shall take all actions necessary to comply with the
HIPAA Privacy and Security Rules for business associates as revised by the HITECH
Amendment, including, but not limited to, the following: (a) Business Associate shall
appoint a HIPAA privacy officer and a HIPAA security officer; (b) Business Associate
shall establish policies and procedures to ensure compliance with the Privacy and Security
Rules; (c) Business Associate shall train its workforce regarding the Privacy and Security
Rules; (d) Business Associate shall enter into a privacy/security agreement with Covered
Entity;
(e) Business Associate shall enter into privacy/security agreements with its subcontractors
that perform functions relating to Covered Entity involving PHI; (f) Business Associate
shall conduct a security risk analysis; and (g) Business Associate shall provide
documentation upon request in relation to performance under this section.
2.2 Business Associate shall not use or disclose PHI other than as permitted or required by
this BAA or as required by law.
2.3 Business Associate shall use appropriate safeguards to prevent use or disclosure of the
PHI. Business Associate shall implement administrative, physical, and technical
safeguards (including written policies and procedures) that reasonably and appropriately
protect the confidentiality, integrity, and availability of PHI that it creates, receives,
maintains, or transmits on behalf of Covered Entity as required by the Security Rule.
2.4 Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to
Business Associate of a use or disclosure of PHI by Business Associate in violation of law or this
Agreement.
2.5 Business Associate shall report to Covered Entity any known Security Incident or any
known use or disclosure of PHI not permitted by this BAA.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 17
2.6 Effective September 23, 2009 or the date this Agreement is signed, if later, Business Associate
shall do the following in connection with the breach notification requirements of the HITECH
Amendment:
2.6.1 If Business Associate discovers a breach of unsecured PHI, as those terms are defined by
45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable delay butno
later than ten (10) calendar days after discovery. For this purpose, “discovery” means the first day
on which the breach is known to Business Associate or should have been known by exercising
reasonable diligence. Business Associate shall be deemed to have knowledge of a breach if the
breach is known or should have been known by exercising reasonable diligence,to any person, other
than the person committing the breach, who is an employee, officer, subcontractor, or other agent
of Business Associate. The notification to Covered Entity shall include the following: (a)
identification of each individual whose unsecured PHI has been breached or has reasonably
believed to have been breached, and (b) any other available information in Business Associate’s
possession that the Covered Entity is required to include in the individual notice contemplated by
45 CFR 164.404.
2.6.2 Notwithstanding the immediate preceding subsection, Business Associate shall assume
the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity
where a breach of unsecured PHI was committed by Business Associate or its employee,
officer, subcontractor, or other agent of Business Associate or is within the unique
knowledge of Business Associate as opposed to Covered Entity. In such case, Business
Associate shall prepare the notice and shall provide it to Covered Entity for review and
approval at least five (5) calendar days before it is required to be sent to the affected
individual(s). Covered Entity shall promptly review the notice and shall not unreasonably
withhold its approval.
2.6.3 Where a breach of unsecured PHI involves more than five hundred (500) individuals and
was committed by the Business Associate or its employee, officer, subcontractor, or other
agent or is within the unique knowledge of Business Associate as opposed to Covered
Entity, Business Associate shall provide notice to the media pursuant to 45 CFR 164.406.
Business Associate shall prepare the notice and shall provide it to Covered Entity for
review and approval at least five (5) calendar days before it is required to be sent to the
media. Covered Entity shall promptly review the notice and shall not unreasonably
withhold its approval.
2.6.4 Business Associate shall maintain a log of breaches of unsecured PHI with respect to
Covered Entity and shall submit the log to Covered Entity within thirty (30) calendar days
following the end of each calendar year, so that the Covered Entity may report breaches
to the Secretary in accordance with 45 CFR 164.408. This requirement shall take effect
with respect to breaches occurring on or after September 23, 2009.
2.7 Business Associate shall ensure that any agent or subcontractor to whom it provides PHI,
received from Covered Entity or created or received by Business Associate on behalf of
Covered Entity, agrees in writing to the same restrictions and conditions that apply to
Business Associate with respect to such information. Business Associate shall ensure that
any such agent or subcontractor implements reasonable and appropriate safeguards to protect
Covered Entity’s PHI.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 18
2.8 Business Associate shall provide reasonable access, at the written request of Covered
Entity, to PHI in a Designated Record Set to Covered Entity or, as directed in writing by
Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
2.9 Business Associate shall make any amendment(s) to PHI in a Designated Record Set that
the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526.
2.10 Following receipt of a written request by Covered Entity, Business Associate shall make
internal practices, books, and records reasonably available to the Secretary in order to
determine Covered Entity's compliance with the Privacy Rule. The afore mentioned
materials include policies and procedures and PHI relating to the use and disclosure of PHI
received from Covered Entity or created or received by Business Associate on behalf of Covered
Entity.
2.11 Business Associate shall document disclosures of PHI and information related to such
disclosures, to permit Covered Entity to respond to a request by an Individual for: (a) an
accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective
January 1, 2011 or such later effective date prescribed by regulations issued by the U.S.
Department of Health and Human Services, an accounting of disclosures PHI from an
Electronic Health Record in accordance with the HITECH Amendment.
2.12 Following receipt of a written request by Covered Entity, Business Associate shall
provide to Covered Entity or an Individual information collected in accordance with
Section 2 to permit Covered Entity to respond to a request by an Individual for: (a) an
accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective as
of January 1, 2011 or such later effective date prescribed by regulations issued by the
U.S. Department of Health and Human Services, an accounting of disclosures of Protected
Health Information from an Electronic Health Record in accordance with the HITECH
Amendment.
2.13 Business Associate shall comply with the requirements of 42 CFR Part 2 in its activities
under the Agreement.
§3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE. Business
Associate may use and disclose PHI as set forth in this Section.
3.1 Except as otherwise limited in this BAA, Business Associate may use or disclose PHI to
perform functions, activities, or services for or on behalf of Covered Entity as specified
in the underlying service agreement between Covered Entity and Business Associate,
provided that such use or disclosure shall not violate the Privacy Rule if done by Covered
Entity or the minimum necessary policies and procedures of the Covered Entity. If no
underlying service agreement exists between Covered Entity and Business Associate,
Business Associate may use or disclose PHI to perform functions, activities, or services
for or on behalf of Covered Entity for the purposes of payment, treatment, or health care
operations as those terms are defined in the Privacy Rule, provided that such use or
disclosure shall not violate the Privacy Rule if done by Covered Entity or the minimum
necessary policies and procedures of the Covered Entity.
3.2 Except as otherwise limited in this BAA, Business Associate may use PHI for the proper
management and administration of the Business Associate or to carry out the legal
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 19
responsibilities of the Business Associate.
3.3 Except as otherwise limited in this BAA, Business Associate may disclose PHI for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate, provided that disclosures are Required by Law
or Business Associate obtains reasonable assurances in writing from the person to whom
the information is disclosed that: (a) the disclosed PHI will remain confidential and will
be used or further disclosed only as Required by Law or for the purpose for which it was
disclosed to the person and (b) the person notifies the Business Associate of any known
instances in which the confidentiality of the information has been breached.
3.4 Except as otherwise limited in this BAA, Business Associate may use PHI to provide data
aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
3.5 Business Associate may use PHI to report violations of law to appropriate federal and
state authorities, consistent with 45 CFR 164.502(j)(1).
§4. OBLIGATIONS OF COVERED ENTITY.
4.1 Covered Entity shall notify Business Associate of any limitation(s) of Covered Entity in
its notice of privacy practices in accordance with 45 CFR 164.520, to the extent that such
limitation may affect Business Associate’s use or disclosure of PHI.
4.2 Covered Entity shall notify Business Associate of any changes in or revocation of
permission by an Individual to use or disclose PHI, to the extent that such changes may
affect Business Associate’s use or disclosure of PHI.
4.3 Covered Entity shall use appropriate safeguards to maintain and ensure the
confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to
this Agreement, the Contract, and the Privacy Rule, until such PHI is received by Business
Associate, pursuant to any specifications set forth in any exhibits to the Agreement.
4.4 Covered Entity shall manage all users of the services including its qualified access, password
restrictions, inactivity timeouts, downloads, and its ability to download and otherwise process
PHI.
4.5 The Parties acknowledge that Covered Entity owns and controls its data.
4.6 Covered Entity shall provide Business Associate with a copy of its notice of privacy
practices produced in accordance with 45 CFR Section 164.520, as well as any subsequent
changes or limitation(s) to such notice, to the extent such changes or limitations may affect
Business Associate’s use or disclosure of PHI. Covered Entity shall provide Business
Associate with any changes in or revocation of permission to use or disclose PHI, to the
extent the changes or revocation may affect Business Associate’s permitted or required
uses or disclosures. To the extent that the changes or revocations may affect Business
Associate’s permitted use or disclosure of PHI, Covered Entity shall notify Business
Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed
to in accordance with 45 CFR Section
164.522. Covered Entity may effectuate any and all such notices of non-private information
via posting on Covered Entity’s web site.
FY2023 OCHN 52nd DISTRICT COURT MENTAL HEALTH COURT LIAISON AGREEMENT 20
§5. EFFECT OF TERMINATION.
5.1 Except as provided in Section 5, upon termination of this BAA or the Agreement, for any
reason, Business Associate shall return or destroy (at Covered Entity’s request) all PHI
received from Covered Entity or created or received by Business Associate on behalf of
Covered Entity. This provision shall apply to PHI that is in the possession of
subcontractors or agents of Business Associate. Business Associate shall retain no copies
of PHI.
5.2 If Business Associate determines that returning or destroying the PHI is infeasible,
Business Associate shall provide to Covered Entity written notification of the conditions
that make return or destruction infeasible. Upon receipt of written notification that return,
or destruction of PHI is infeasible, Business Associate shall extend the protections of this
Agreement to such PHI and shall limit further uses and disclosures of such PHI to those
purposes that make the return or destruction infeasible, for so long as Business Associate
maintains such PHI, which shall be for a period of at least six (6) years.
§6 MISCELLANEOUS.
6.1 This BAA is effective when the Agreement is executed or when Business Associate
becomes a Business Associate of Covered Entity and both Parties sign this Agreement, if
later. However, certain provisions have special effective dates, as set forth herein or as
set forth in HIPAA or the HITECH Amendment.
6.2 Regulatory References. A reference in this Agreement to a section in the Privacy Rule
or Security Rule means the section as in effect or as amended.
6.3 Amendment. The Parties agree to take action to amend this BAA as necessary for
Covered Entity to comply with the Privacy and Security requirements of HIPAA. If the
Business Associate refuses to sign such an amendment, this BAA shall automatically
terminate.
6.4 Survival. The respective rights and obligations of Business Associate and Covered Entity
under this BAA shall survive the termination of this Agreement and/or the Contract.