HomeMy WebLinkAboutReports - 2023.07.20 - 40272
AGENDA ITEM: Memorandum of Understanding with Oakland Community Health Network
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, July 20, 2023 8:35 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3055
Motion to approve the Memorandum of Understanding with the Oakland Community Health Network
for the time period May 1, 2023 through April 30, 2025.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
A Memorandum of Understanding (MOU) has been created to formalize the mental
health/psychiatric services provided by the Oakland Community Health Network (OCHN) for
individuals housed within the Oakland County Jail (OCJ) as well as describe the duties and
responsibilities for employees and contractors whose activities directly intersect with access to and
delivery of the mental health services. The MOU is effective from May 1, 2023 through April 30,
2025. OCHN is committed to ensuring that the mental health needs of citizens incarcerated at the
OCJ are met and provides services to support inmates with mental health needs in moving towards
recovery and returning to the community successfully upon release.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Curtis Childs
Gaia Piir, Sheriff Fiscal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 7/20/2023
AGENDA DEADLINE: 07/30/2023 8:35 PM
ATTACHMENTS
1. 2023-261_JUSMOU OCSO MH Svs Coordination (3)_2023.05.31_FINAL (002)
COMMITTEE TRACKING
2023-07-11 Public Health & Safety - Recommend to Board
2023-07-20 Full Board - Adopt
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Angela Powell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3)
Passed
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 1 of 8
MEMORANDUM OF UNDERSTANDING
Number 2023-0261-JUSMOU
Between
OAKLAND COMMUNITY HEALTH NETWORK
And
COUNTY OF OAKLAND
And
OAKLAND COUNTY SHERIFF’S OFFICE
This Memorandum of Understanding (“MOU”) is entered into between Oakland Community
Health Network (“OCHN”), whose address is 5505 Corporate Drive, Troy, MI 48098-2614 and
the County of Oakland (“County”), whose address is 1200 North Telegraph, Pontiac, Michigan
48341. Collectively, OCHN and County shall be referred to as the “Parties”.
§1 PURPOSE
The purpose of this Memorandum of Understanding (MOU) is to describe the collaboration
required between the Oakland Community Health Network (OCHN) and the Oakland County
Sheriff’s Office (OCSO) for the provision of mental health/psychiatric services for individuals
housed within the Oakland County Jail (OCJ). Additionally, this MOU describes duties and
responsibilities for the team members (employees and subcontractors) whose activities directly
intersect with access to, and delivery of, mental health services described within the scope of this
agreement.
Oakland Community Health Network (OCHN) is committed to ensuring that the mental health
needs of citizens incarcerated at Oakland County Jail (OCJ) are met. While OCHN does not bear
a legal obligation for providing direct service within the Oakland County Jail, doing so as a
Community Benefit, is intended to support inmates with mental health needs in moving toward
recovery and returning to the community successfully upon release.
§2 TERM:
This MOU shall be effective May 1, 2023 and remains in effect until April 30, 2025, unless
terminated sooner as provided in this MOU.
§3 Definitions
3.1 Care Coordination - The organization of an individual’s care across multiple
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 2 of 8
health care providers.
3.2 Continuity of Care - Quality of care over time.
3.3 Community Benefit - A measurable contribution to individuals in the Oakland
County Jail to address mental health and / or substance use needs.
3.4 General Fund - A fund used to account for all transactions of a governmental unit,
which are not accounted for in another fund.
3.5 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) - U.S.
law that allows workers and their families to keep their health insurance when
they change or lose their jobs. The privacy rule of the HIPAA protects the privacy
of a person’s health information and keeps it from being misused.
3.6 42CFR 2 - Protects patient records created by federally assisted programs for the
treatment of substance use disorders.
3.7 JAWS - A post-booking diversion program – Jail Alliance With Support – in
Oakland County Jail.
3.8 KITES - Inmate correspondence / request within Oakland County Jail.
3.9 Policy/Procedure Manual - A policy and procedure manual documenting program
policies and procedures that guide all activities that take place within the
boundaries set by them.
3.10 Treatment Services - Any services provided by a licensed clinician and/or
psychiatrist, or by an employee of OCHN or a contracted agency providing
therapeutic services for mental health, intellectual / developmental disabilities,
and/or substance use disorders.
3.11 Provider Network - OCHN’s contracted provider network, who provide services
and support for individuals with intellectual / developmental disabilities, mental
health diagnoses, and / or substance use disorder.
3.12 Specialty Mental Health criteria - Medicaid-funded mental health support and
services, managed by the Prepaid Inpatient Health Plan.
3.13 Release of Information (ROI) - A written authorization, dated and signed by a
person or person’s legal representative, that allows outlined entities to provide
specified treatment information to the individual(s) designated in the written
release of information.
§4 RESPONSIBILITIES
4.1 Provision of Services. The scope of this agreement addresses the access to/provision
of services to treat mental health needs within the OCJ. (Additional services related to
Substance Use treatment, and the JAWS protocol are cited in an existing Interlocal
Agreement between OCSO and OCHN). In order to coordinate services, both parties
apply resources at all phases of entry/re-entry, and agree to the following:
4.1.1 Screening and referral: OCSO staff will screen at booking for mental/behavioral
health needs and initiate referral to Program Services (OCJ staff). Program
Services staff conduct further review and prepare referrals for psychiatric
services. Identification may also occur post-booking and referrals made at any
point in the inmate’s stay. OCHN staff and contractors receive those referrals
and provide clinical assessment and treatment as appropriate.
4.1.2 Psychiatric services evaluation/medication prescribing and reviews: OCHN
fully funds the provision of psychiatric treatment in the OCJ through a sub-
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 3 of 8
contracted provider or someone employed by OCHN. Requires coordination
with OCJ subcontracted clinic provider for dispensing of prescribed
medications.
4.1.3 Care coordination: Coordination occurs between the psychiatric provider and
the OCJ staff to facilitate access to technology for the inmate for virtual visits,
as well as movement of inmates for any face-to-face contacts. Program Services
staff (OCJ), OCHN clinicians, and sub-contractors are responsible for
coordinating with each party in order to ensure services are appropriate and
timely.
4.1.4 Clinical therapy services as required by JAWS protocol: OCHN funds the
services of the licensed clinician required for the provision of therapy services
in the JAWS program. (Refer to JAWS protocol in the current Interlocal)
4.1.5 Reentry planning: Release/re-entry planning is the responsibility of each party
to ensure successful return to the community. OCHN Liaison staff will
determine eligibility for services, community referrals, coordination with
OCHN network (see position descriptions in section 4.2 below). Psychiatric
Services provider will write for exit prescriptions for continuation of
medications initiated for treatment of mental health needs. All parties agree to
ongoing improvement of discharge/release process and timely information
sharing.
4.1.6 Post-release transition support: Post-release transition support is the
responsibility of each party, as available, in addition to the requirements as
outlined in JAWS protocol.
4.2 Positions/Service Descriptions:
The following services and support are available through OCHN to individuals with
mental/behavioral health needs who are housed at Oakland County Jail, without
regard to insurance status or County of origin.
4.2.1 Community Liaison - R.E.A.C.H. (Rapid Engagement and Access to
Community Health) Full-time OCHN employee whose primary responsibility
is to provide Mental health eligibility screening and Alcohol use Disorder
supports for individuals detained in / being released from the Oakland County
Jail, and to provide short-term coordination for individuals that are found
eligible for OCHN and other community-based services. The goal of the
REACH Coordinator is to intervene as early as possible for individuals in order
to prevent or reduce recidivism in the Oakland County Jail. The REACH
Coordinator will link individuals with community resources that will achieve
the following upon release: decrease the likelihood of recidivism; improve the
quality of life for those individuals with a mental illness/co-occurring disorder
involved in the justice system; and improve outcomes for this population. In
addition to linking to appropriate treatment and healthcare, social determinants
for successful transition such as housing, employment, and transportation will
be addressed.
4.2.2 Criminal Justice Resource Coordinator: Full-time OCHN employee
embedded at the Oakland County Jail. The Criminal Justice Resource
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 4 of 8
Coordinator acts as the primary OCHN contact to triage referrals for Eligibility
Screenings, KITES and other OCHN service-related requests. This position
represents OCHN, while coordinating between the provider network, Oakland
County Jail, and the individual served to foster cross-system collaboration. The
Criminal Justice Resource Coordinator ensures that individuals, prior to
anticipated jail discharge, are provided with crucial documentation and
information on specialty public mental health services through OCHN.
4.2.3 Psychiatric Services: OCHN funded psychiatrist(s), subcontracted or someone
employed by OCHN. Psychiatric Assessment may include a comprehensive
psychiatric evaluation, psychological testing, substance abuse screening, or
other conducted to determine a person’s level of functioning and mental health
treatment needs. Physical health assessments are not part of this service.
Periodic Medication Reviews include the evaluation and monitoring of
medications prescribed to treat a person’s mental health condition, their effects,
and the need for continuing or changing medications.
4.2.4 Clinical Therapy Services: Full-time licensed professional, funded by OCHN
to provide clinical interventions within the OCJ. Jail Alliance with Support
(J.A.W.S.) is a jail-based, post-booking diversion protocol. This protocol is a
collaboration between the Oakland County Office of the Sheriff, Oakland
Community Health Network and contracted provider. The Provider will employ
the appropriately credentialed clinical staff to facilitate the groups. Includes
therapy or counseling designed to help improve functioning and relationships
with other people.
4.3 Both Parties will provide collaborative oversight of the delivery of the services
described above, including regularly scheduled monthly meetings to review and/or
develop procedures, protocols, for the purpose of continuous process improvement.
4.4 Employer of record: each party will retain the responsibility of oversight for those staff
employed by that party. This includes but is not limited to all payroll, benefits, training
requirements, performance evaluation, disciplinary action, termination and separation.
4.5 Work environment: each party commits to an environment free of harassment,
intimidation, discrimination. The safety of the environment within the OCJ is the
primary responsibility of the OCSO. Any OCHN employees and/or contractors, will
abide by the safety guidelines established by the OCSO.
4.6 Oversight of subcontractors: Each party is responsible for establishing and maintaining
the contractual relationships necessary in the delivery of the services cited above.
Workflow/relationships between sub-contracted entities will be under the oversight of
OCJ and OCHN.
4.7 Dispute resolution: The OCSO and OCHN will develop a dispute resolution process
which establishes a pathway for concerns to be resolved between the parties and/or
subcontractors of the parties.
§5 CONFIDENTIAL INFORMATION
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 5 of 8
5.1 If OCHN discloses confidential information to the Contractor's employees, agents,
and other parties pertaining to OCHN's past, present and future activities, the
Contractor must instruct its employees to regard all information gained by each
person as a result of the Services to be performed as information which is confidential
and not to be disclosed to any organization or individual without the prior written
consent of OCHN. Contractor shall fully protect the confidentiality of any documents
or information containing medical or other personal information concerning an
individual served or employee and, in that regard, the Contractor agrees to follow all
applicable confidentiality laws including HIPAA, the HITECH revisions and the
Michigan Mental Health Code. If a Business Associate Agreement is required, it has
been executed and attached hereto as an Attachment.
5.2 The Contractor agrees to take appropriate action with respect to its employees to
ensure that the obligations of nonuse and non-disclosure of confidential information
concerning this Contract can be fully satisfied. This includes proper training and
agreements as necessary.
§6 TERMINATION
Either Party, upon a minimum of thirty (30) days written notice to the other Party, may cancel
and/or completely terminate this MOU for any reason, including convenience, without incurring
any penalty, expense, or liability to the Institute beyond fees for service already rendered under
this MOU. The effective date for any such termination to be clearly stated in the notice.
§7 REPORTING
In addition to reporting requirements outlined in the Interlocal Agreement for MAT and JAWS
(OCHN# 2021-0236), both parties make the commitment to collaborate with each other and
make ongoing improvements to further data collection based on evidence-based practices.
§8 FEES
Each party is responsible for its costs incurred in the performance of this Agreement.
Furthermore, unless expressly provided herein, this MOU does not authorize any in-kind services
by either party.
§9 GOVERNING LAW
This MOU shall be governed by the laws of the State of Michigan and any dispute arising from
or relating to this MOU shall be heard in a competent court located in Oakland County,
Michigan.
§10 AMENDMENTS
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 6 of 8
This MOU may be amended only with the mutual consent of OCHN Oakland County, and the
Oakland County Sheriff’s Office.
§11 DISPUTE RESOLUTION
All disputes arising under or relating to the execution, interpretation, performance, or
nonperformance of this MOU involving or affecting the Parties may first be submitted to the
respective project manager (if applicable) and administrators for possible resolution.
§12 RELATIONSHIP OF PARTIES
Nothing in this MOU is intended to establish an employer-employee relationship between
OCHN and the County or any County employees. In no event, shall County employees be
deemed employees, agents, volunteers, or subcontractors of the OCHN.
§13 REPRESENTATIONS
Each Party represents and warrants as follows: (i) the individual executing this MOU on behalf
of such Party is duly authorized to execute and deliver this MOU on behalf of said Party; (ii) it
has the power and authority to execute, deliver and perform its obligations under this MOU; (iii)
this MOU has been duly and validly authorized by all necessary corporate action on the part of
such Party; and (iv) this MOU is not in violation of or inconsistent or contrary to the provisions
of any other agreement to which such Party is a party.
§14 WARRANTIES AND ASSURANCES
14.1 County warrants that before submitting its Proposal and/or entering into this MOU,
it had a full opportunity to review all OCHN requirements and/or expectations for this MOU.
County is responsible for being adequately and properly prepared to execute this MOU. The
County has satisfied itself in all material respects that it will be able to perform the MOU as
specified herein.
14.2 The County certifies that all statements, assurances, records, and materials
submitted to the OCHN in connection with seeking and obtaining this MOU have been truthful,
complete, and accurate.
14.3 If the Parties agree to this MOU to follow any of the County’s policies, such as
acceptable use or privacy policies, then the County shall retain each version of such policy with
the effective dates and shall promptly provide such to the OCHN, if requested.
14.4 If any part of this MOU is supported or paid for with any State, federal, or other
third-party funds granted to the OCHN, then the County shall comply with all applicable grant
requirements. Upon request of the County, the OCHN shall provide the County with a copy of
the applicable grant requirements.
14.5 Except as otherwise expressly provided in this MOU, the County shall be solely
responsible and liable for all costs and expenses associated or needed to perform this MOU,
including, but not limited to, any professional dues, association fees, license fees, fines, taxes,
and penalties. Unless any of the foregoing are levied solely due to the actions or inactions of
OCHN.
14.6 The County is responsible for providing all equipment and supplies to perform this
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 7 of 8
MOU, which are not expressly required to be provided by the OCHN. Notwithstanding the
foregoing, OCHN acknowledges that certain deliverables will require OCHN have access to
certain equipment to make use of such deliverables.
Signature Page Follows
Oakland Community Health Network
Agreement Number 2023-0261-JUSMOU
Page 8 of 8
IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official
capacities of the day and year listed below.
For Oakland Community Health Network:
BY: ____________________________
Adam Jenovai
Chief Operating Officer
DATE:____________________________
BY: ____________________________
Anya Eliassen
Chief Financial Officer
DATE: ____________________________
For Oakland County Sheriff:
BY: ___________________________
Michael J. Bouchard
Oakland County Sheriff
DATE:____________________________
For County of Oakland:
BY: ___________________________
David T. Woodward
Chairperson, Board of Commissioners
DATE:____________________________