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HomeMy WebLinkAboutMinutes - 2010.01.20 - 70701 OAKLAND COUNTY BOARD OF COMMISSIONERS REPUBLICAN CAUCUS MINUTES January 20, 2010 Meeting called to order by Republican Caucus Chairperson Bradford Jacobsen at 6:24 p.m. in the Courthouse Committee Room A, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. REPUBLICAN COMMISSIONERS PRESENT: Bullard, Capello, Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton, Potter, Potts, Runestad, Scott, Taub. (13) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. There was no public comment. Commissioner Capello announced that he will seek re-election. Republican Caucus Chairperson Bradford Jacobsen introduced Tony Albensi, who is on the Oxford Village Council and interested in running for County Commissioner. Moved by Middleton supported by Scott the minutes of the December 9, 2009 Republican Caucus be approved. A sufficient majority having voted in favor, the minutes were approved. The members of the Republican Caucus discussed the Board Agenda. Commissioner Gingell stated that there will not be a motion to discharge Miscellaneous Resolution #09129 at tonight’s Board meeting, as indicated on the Agenda. Republican Caucus Chairperson Bradford Jacobsen stated that the State of the County address will be on February 3, 2010. Commissioner Taub introduced two proposed resolutions entitled Board of Commissioners – Recognition of the National Association of Counties’ (NACo) 75th Anniversary; and Board of Commissioners – Designating April 1, 2010 as Census Day in Oakland County. Larry Doyle, Board of Commissioners Administrative Director, reminded everyone that there is limited seating at the State of the County address and to contact the County Executive’s office for reservations. Commissioner Bill Bullard addressed the Caucus. The Republican Caucus adjourned at 6:40 p.m. to the call of the Chair or February 2, 2010 at 6:00 p.m. RUTH JOHNSON BRADFORD JACOBSEN Clerk Caucus Chairperson 2 OAKLAND COUNTY BOARD OF COMMISSIONERS MINUTES January 20, 2010 Meeting called to order by Chairperson Bill Bullard, Jr. at 7:03 p.m. in the Courthouse Auditorium, 1200 N. Telegraph Road, Pontiac, Michigan. Roll called. PRESENT: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) EXCUSED ABSENCE WITH NOTICE: None. (0) Quorum present. Invocation given by David Potts. Pledge of Allegiance to the Flag. Moved by Hatchett supported by Long the minutes of the December 9, 2009 and December 15, 2009 Board Meetings be approved. A sufficient majority having voted in favor, the minutes were approved as printed. Moved by Jacobsen supported by Coulter the agenda be approved as presented. AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. (25) NAYS: None. (0) A sufficient majority having voted in favor, the agenda was approved as presented. Commissioner Coulter stated that he will not request to discharge MR #09129 – Board of Commissioners – Authorizing Intergovernmental Transfer to Expand Access to Health Care for Oakland County Residents, and Contracting Administration of County’s Indigent Hospitalization Program with Oakland Health Plan, Inc. from the General Government and Finance Committees. The County Clerk’s office received a communication from Chairperson Bill Bullard, Jr. appointing various County Commissioners to corresponding lake boards as listed in the communication for a term ending December 31, 2010. The communication was received for filing and a copy is on file in County Clerk’s office. Commissioners Minutes Continued. January 20, 2010 3 Chairperson Bill Bullard, Jr., together with the entire Board of Commissioners presented proclamations to Judge Linda S. Hallmark, Judge Elizabeth M. Pezzetti, Judge James M. Alexander, and Judge Wendy L. Potts honoring them for their contributions and leadership. Each Judge addressed the Board. Chairperson Bill Bullard, Jr., along with Judge Michael D. Warren and Commissioner Tom Middleton, presented a proclamation to Brooke Huisman, who was the winner of the Patriot Week Essay Award for her eloquent expression of the meaning of Patriot Week. The following people addressed the Board during public comment: Alice Benbow of Rochester Hills, Bruce Fealk of Rochester Hills, Jim Reed, Carolyn Wood, Tom Stone, Douglas Lanyk, Sue Julian, Jay Wenko, Gwen Thomas of West Bloomfield, and Commissioner Sue Ann Douglas. Moved by Coleman supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). The vote for this motion appears on page 29. The resolutions on the Consent Agenda follow (annotated by an asterisk {*}): *MISCELLANEOUS RESOLUTION #10001 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION – 2009/2010 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Education (MDE) has awarded the Oakland County Children’s Village Division funding in the amount of $3,075.00; and WHEREAS the Oakland County Children’s Village Division was one of 68 Michigan recipients chosen out of a pool of approximately 1500 schools; and WHEREAS this amount is for the purchase and provision of fresh fruits and vegetables to K-6 enrolled residents; and WHEREAS a fresh fruit and vegetable delivery and education program will be provided within the K-6 self-contained Children’s Village School classroom each day that class is in session; and WHEREAS the Fresh Fruit and Vegetable Program operates through the National School Lunch Program; and WHEREAS this funding is for the period of October 1, 2009 through June 30, 2010; and WHEREAS the award acceptance has been submitted through the County Executive Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement 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 Copy of Grant Review Sign Off – Children’s Village and Letter from Mike Flanagan, Superintendent, Department of Education on file in County Clerk’s office. Copy of Fresh Fruit and Vegetable Program Grant on pages 43-57. FISCAL NOTE (MISC. #10001) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN’S VILLAGE DIVISION – 2009/2010 FRESH FRUIT AND VEGETABLE PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. January 20, 2010 4 Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Education (MDE) has awarded the Oakland County Children’s Village Division funding in the amount of $3,075. 2. The Fresh Fruit and Vegetable Program operates through the National School Lunch Program. This agreement provides for the purchase and provision of fresh fruits and vegetables to enrolled self-contained residents, grades K-6, at the Children’s Village School classroom each day that class is in session. 3. Funding period is October 1, 2009 thru June 30, 2010. 4. There is no county match or additional positions required. 5. The Fiscal Year 2010 budget is amended as specified below: FUND 20293 Revenue: 1060501-112195-610313 Federal Operating Grants $3,075 Expense: 1060501-112195-750462 Provisions $3,075 FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #10002 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009/2010 SUBSTANCE USE DISORDER GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health (MDCH) has awarded the Health Division Substance Use Disorder Grant Funds for the period of October 1, 2009 through September 30, 2010; and WHEREAS the 2008/2009 Substance Use Disorder Grant award included a total funding amount of $4,792,578 in grant revenue and expenditures for this program; and WHEREAS the 2009/2010 Substance Use Disorder Grant award reflects grant funding in the amount of $4,634,746, a decrease of $157,832 from the previous year; and WHEREAS these funds are used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency; and WHEREAS these contracts were awarded through the County’s competitive bidding process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been submitted through the County Executive’s Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2009/2010 Substance Use Disorder Grant from the Michigan Department of Community Health in the amount of $4,634,746. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Health Division on file in County Clerk’s office. Copy of Grant Agreement between Michigan Department of Community Health and Oakland County Health Division/Office of Substance Abuse Services on pages 58-429. Commissioners Minutes Continued. January 20, 2010 5 FISCAL NOTE (MISC. #10002) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – 2009/2010 SUBSTANCE USE DISORDER GRANT ACCEPTANCE 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 Department of Health and Human Services/Health Division has been awarded $4,634,746 in Substance Abuse Grant funds by the Michigan Department of Community Health (MDCH). 2. The previous 2008/2009 award was $4,792,578, for a total reduction of funding in the amount of ($157,832). 3. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency. 4. The grant period extends from October 1, 2009 through September 30, 2010. 5. The Fiscal Year 2010 budget is amended as follows: FY2010 FY 2010 FY 2010 Amended FUND #28249 GR#0000000203 Adopted Adjustment Budget Office of Substance Abuse Services (OSAS) Revenue 1060261-134790-610313 Federal $4,792,578 $(1,411,493) $3,381,085 1060261-134790-615571 State 1,253,661 1,253,661 $4,792,578 $( 157,832) $4,634,746 Expense 1060261-133685-730373 Contract Svs. $ 150,333 $( 147,878) $ 2,455 1060261-134790-730926 Indirect Costs 22,221 ( 2,455) 19,766 1060261-133405-730373 Contract Svs. 630,700 -0- 630,700 1060261-133950-730366 Contract Adm. 239,498 -0- 239,498 1060261-134790-730366 Contract Adm. 337,754 -0- 337,754 1060261-134790-730373 Contract Svs. 2,881,547 ( 7,499) 2,874,048 1060261-134800-730366 Contract Adm. 522,720 -0- 522,720 1060261-134800-730373 Contract Svs. 7,805 -0- 7,805 $4,792,578 $( 157,832) $4,634,746 FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #10003 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2009/2010 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS for Fiscal Year 2009/2010, the Michigan Department of Environmental Quality (MDEQ) has awarded a reimbursement agreement to the Oakland County Health Division for services related to Non- community – Type II Water Supply, Long-Term Drinking Water Monitoring, Radon, Public Swimming Pool Inspections, Septage, On-Site Sewer and Campground Inspection; and WHEREAS the services referenced above are on-going; and WHEREAS the Fiscal Year 2008/2009 MDEQ Reimbursement Agreement reflected a total funding amount of $276,438; and WHEREAS the Fiscal Year 2009/2010 MDEQ Reimbursement Agreement reflects a total funding amount of $295,582, which is a potential $19,144 increase from the previous agreement; and WHEREAS no personnel changes have been requested for the reimbursement programs at this time; and Commissioners Minutes Continued. January 20, 2010 6 WHEREAS this Reimbursement Agreement has been submitted through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Department of Environmental Quality Reimbursement Agreement in the total amount of $295,582, beginning October 1, 2009 through September 30, 2010. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approval of the above- referenced contract is specifically conditioned and premised upon the Department’s concurrence in the terms and conditions contained in Addendum A of the Agreement, as mutually agreed to by the County and the Michigan Department of Environmental Quality. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County’s approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement and Addendum A by the Michigan Department of Environmental Quality, and that the failure of the Michigan Department of Environmental Quality to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County’s approval and/or acceptance of this agreement as provided for in this resolution. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Reimbursement 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 Copy of Grant Review Sign Off – Health Division and Department of Health and Human Services/Health Division FY 2009/2010 Michigan Department of Environmental Quality Reimbursement Agreement Acceptance on file in County Clerk’s Office. Copy of Local Health Department Grant Contract Between the Michigan Department of Environmental Quality and Oakland County Health Division on pages 430-490. FISCAL NOTE (MISC. #10003) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION – FISCAL YEAR 2009/2010 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE 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 Michigan Department of Environmental Quality (MDEQ) has awarded $295,582 to the Oakland County Health Division for services related to Non-Community (Type II) Water Supply, Long-Term Drinking Water Monitoring, Radon Program, Swimming Pool Program, Septage Program, and Campground Inspections. 2. The grant award of $295,582 is a $19,144 increase from the previous agreement. 3. Due to fewer operators requiring certification this Fiscal Year for Public Water the Health Division estimates actual reimbursements to be $277,055. 4. The estimated reimbursement of $277,055 is $617 more than the FY 2010 budget of $276,438. 5. This reimbursement agreement does not obligate the County to any future commitment. 6. The FY 2010 budget is amended as follows: FY 2010 Amendment HEALTH FUND #20221 9090100-134860-695500-10100 Non-Dept Transfer (Gen Fund) $( 617) 1060220-134190-615571 DEQ 09/10 Water Supp. Require. 3,067 1060220-134210-615571 DEQ 09/10 Public Swimming Pool (2,300) Commissioners Minutes Continued. January 20, 2010 7 1060220-134230-615571 DEQ 09/10 Campground Require. ( 150) Total Health Fund Revenues $ -0- GENERAL FUND #10100 9010101-134860-788001-20221 Non-Dept Transfer to Health $( 617) 9090101-196030-730359 Contingency 617 Total General Fund Expenditures $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #10004 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR 2008 MICHIGAN CITIZEN CORPS PROGRAM GRANT – OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2008 State of Michigan Citizen Corps Grant Program for funding for programs to increase domestic preparedness among members of the community; and WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $11,321 for the period of October 1, 2009 to September 30, 2010; and WHEREAS the funds are to be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire Corps; and WHEREAS the Michigan Department of State Police Emergency Management and Homeland Security Division will serve as the administrating agency for this grant; and WHEREAS the grant agreement has been reviewed and approved through the County Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in an amount up to $11,321. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security on file in County Clerk’s office. Copy of State of Michigan 2008 Homeland Security Grant Program Grant Agreement for Citizen’s Corps Program on pages 541-549. FISCAL NOTE (MISC. #10004) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR 2008 MICHIGAN CITIZEN CORPS PROGRAM GRANT – OAKLAND COUNTY 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 State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $11,321 for the period of October 1, 2009 through September 30, 2010. Prior year funding was $30,785 a decrease of ($19,464). Funding is for programs to increase domestic preparedness among members of the community. 2. The funds will be used to establish Citizen Corps Councils to support the oversight and outreach Commissioners Minutes Continued. January 20, 2010 8 functions of the councils and to expand CERT training essential for developing the Citizen Corps. 3. The Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant. 4. The FY 2010 Budget is amended for the acceptance of the Michigan Citizen Corps Program (CERT) for the period of October 1, 2009 through September 30, 2010 as follows: FUND 29330 GR0000000479 Revenue 1060601-115096-610210 Federal Grants Operating $11,321 Expense 1060601-115096-750154 Expendable Equip. $11,321 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #10005 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR 2008 MICHIGAN CITIZEN CORPS PROGRAM GRANT – MONROE COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2008 State of Michigan Citizen Corps Grant Program for funding for programs to increase domestic preparedness among members of the community; and WHEREAS the County of Monroe has requested that Oakland County serve as fiduciary for that county’s State Homeland Security Grant Award; and WHEREAS the State of Michigan has awarded Oakland County as fiduciary for Monroe County reimbursement for qualified expenses up to, but not exceeding $3,327 during the period of October 1, 2009 through September 30, 2010. WHEREAS the funds are to be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire Corps; and WHEREAS the Michigan Department of State Police Emergency Management and Homeland Security Division will serve as the administrating agency for this grant; and WHEREAS the grant agreement has been reviewed and approved through the County Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the position of Fiduciary and Subgrantee for Monroe County for the 2008 Citizen Corps Grant and accepts the grant funds in an amount up to $3,327 with no county match or in-kind contribution required. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Grant Review Sign Off – Homeland Security, E-mail regarding Grant Review: Homeland Security Division – 1008 Citizens Corps Grant Program and Monroe County Fiduciary Grant Acceptance on file in County Clerk’s office. Copy of State of Michigan 2008 Homeland Security Grant Program Grant Agreement for Citizen’s Corps Program on pages 491-499. Commissioners Minutes Continued. January 20, 2010 9 FISCAL NOTE (MISC. #10005) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – ACCEPTANCE FOR 2008 MICHIGAN CITIZEN CORPS PROGRAM GRANT – MONROE COUNTY 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 State of Michigan has awarded Oakland County as fiduciary for Monroe County reimbursement for qualified expenses up to, but not exceeding $3,327 for the period of October 1, 2009 through September 30, 2010. Funding is for programs to increase domestic preparedness among members of the community. 2. The funds will be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire Corps. 3. The Michigan Department of State Police Emergency Management Division will serve as the administering agency for this grant. 4. The FY 2010 Budget is amended to recognize Oakland County as the Fiduciary and Subgrantee for Monroe County and accepts the grants funds for the period of October 1, 2009 through September 30, 2010 as follows: FUND 29330 GR0000000478 Revenue 1060601-115096-610210 Federal Grants Operating $3,327 Expense 1060601-115096-750154 Expendable Equip. $3,327 $ -0- FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #10006 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS - SUPPORT OF THE FINAL REPORT OF THE LEGISLATIVE COMMISSION ON STATUTORY MANDATES, DECEMBER 2009 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the electorate of the State of Michigan passed an amendment in November 1978 to the State’s Constitution that required the State to fund mandates imposed on local units of government (often referred to as the “Headlee Amendment”); and WHEREAS the Headlee Amendment (Article IX, Section 29) states: “The state is hereby prohibited from reducing the state financed proportion of the necessary costs of any existing activity or service required of units of Local Government by state law. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the Legislature or any state agency of units of Local Government, unless a state appropriation is made and disbursed to pay the unit of Local Government for any necessary increased costs. The provision of this section shall not apply to costs incurred pursuant to Article VI, Section 18.”; and WHEREAS the Headlee Amendment became effective on December 23, 1978; and WHEREAS the State Legislature established the Legislative Commission on Statutory Mandates (LCSM) through P.A. 98 of 2007, as amended by P.A. 356 of 2008 and assigned the LCSM to identify mandates (including those involving reports) and the related cost of the mandates to local units of government, along with recommendations to resolve the unfunded mandates; and WHEREAS the LCSM worked with the Citizens Research Council (issued an analysis of other state’s statutes and constitutional requirements similar to the Headlee Amendment) and local units of government associations, including:  Michigan Association of Counties. Commissioners Minutes Continued. January 20, 2010 10  Michigan Municipal League.  Michigan Township Association.  Michigan School Business Officials and Michigan Association of School Administrators.  Michigan Community College Association.  County Road Association of Michigan; and WHEREAS the LCSM issued a report in June 2009 entitled “Interim Report of the Legislative Commission on Statutory Mandates” that indicated, among other matters, that the State had failed to enact legislation enabling the Headlee Amendment and has not complied with the Headlee Amendment since its adoption in 1978; and WHEREAS the LCSM has completed its report in December 2009 entitled “Final Report of the Legislative Commission on Statutory Mandates” that reaffirms the Interim Report results and provides recommendations, including but not limited to:  Drafted legislation and court rules that would mitigate unfunded mandates imposed on local units of government in the future.  Proposed procedures that will prevent new unfunded mandates from being imposed on local units of government.  Proposed procedures that would be corrective should unfunded mandates be imposed that include, among other requirements: o A submission of an action before the Court of Appeals to be heard by a special master in order to rule on whether the matter is a mandate and if the mandate is underfunded. o Require the Court of Appeals to rule on the above within six months of the filing. o Should the Court of Appeals not rule on the above within six months, the local unit of government would have no obligation to continue to provide the services until such time as the State complies with the Headlee Amendment; and WHEREAS the Michigan Association of Counties adopted a resolution of support for the recommendations contained in the final LCSM report in December 2009. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the findings and recommendations in the interim and final reports of the Legislative Commission on Statutory Mandates and encourages the Governor, Legislature and Supreme Court to adopt and enact the recommendations cited in the final report. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the release of this resolution to be distributed to the Governor, Legislators, Supreme Court and local units of government legislative boards and executives located within Oakland County. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Copy of Interim Report of the Legislative Commission on Statutory Mandates and Final Report of the Legislative Commission on Mandates on file in County Clerk’s office. (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09315 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Springfield Oaks County Park located in Springfield Township; and WHEREAS pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of Commissioners entered into a Telecommunications License Agreement with New Par/Verizon Wireless to place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park; and WHEREAS various utilities including electric service are required to make the antenna operational; and Commissioners Minutes Continued. January 20, 2010 11 WHEREAS the Detroit Edison Company has requested that the County of Oakland grant a 12-ft. wide easement for underground electric service; and WHEREAS the Oakland County Parks and Recreation staff and the Detroit Edison Company have agreed upon a route for the said underground electric service, which will provide electric service to the base of the water tower at Springfield Oaks County Park; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground electric service and related appurtenances to the Detroit Edison Company for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement for underground electric service and related appurtenances. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Request to Grant Easement to Detroit Edison Company Springfield Oaks County Park and Grant of Non-Exclusive Underground Easement in Gross on file in County Clerk’s office. FISCAL NOTE (MISC. #09315) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE DETROIT EDISON COMPANY – SPRINGFIELD OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Board of Commissioners and the Parks and Recreation Commission entered into a Telecommunications License Agreement with New Par/Verizon Wireless to place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park. 2. Various utilities including electric service are required to make the antennae operational. 3. The Detroit Edison Company has requested Oakland County grant a 12-foot wide easement for underground electric service from an existing transformer located on the park property to the base of the water tower. 4. The resolution authorizes and approves the granting of an easement for underground electric service to the Detroit Edison Company for the sum of one (1) dollar. 5. No General Fund/General Purpose or Parks and Recreation funding is required. 6. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09316 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND COMMUNICATION UTILITY SERVICE TO THE AT&T CORPORATION – SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Springfield Oaks County Park located in Springfield Township; and WHEREAS pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of Commissioners entered into a Telecommunications License Agreement with New Par/Verizon Wireless to Commissioners Minutes Continued. January 20, 2010 12 place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park; and WHEREAS various utilities including telephone line service are required to make the antenna operational; and WHEREAS the AT&T Corporation has requested that the County of Oakland grant a 12-ft. wide easement for underground communication utility service; and WHEREAS the Oakland County Parks and Recreation staff and the AT&T Corporation have agreed upon a route for the said easement, which will provide underground communication utility service to the base of the water tower at Springfield Oaks County Park; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground communication utility service and related appurtenances to the AT&T Corporation for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement document. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Request to Grant Easement to AT&T Corporation Springfield Oaks County Park and Grant of Non-Exclusive Underground Easement in Gross on file in County Clerk’s office. FISCAL NOTE (MISC. #09316) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND COMMUNICATION UTILITY SERVICE TO THE AT&T CORPORATION – SPRINGFIELD OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Board of Commissioners and the Parks and Recreation Commission entered into a Telecommunications License Agreement with New Par/Verizon Wireless to place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park. 2. Various utilities including underground communication utility service are required to make the antennae operational. 3. The AT&T Corporation has requested Oakland County grant a 12-foot wide easement for underground communication utility service from Hall Road easterly to the base of the water tower. 4. The resolution authorizes and approves the granting of an easement for underground communication utility service to the AT&T Corporation for the sum of one (1) dollar. 5. No General Fund/General Purpose or Parks and Recreation funding is required. 6. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) Commissioners Minutes Continued. January 20, 2010 13 *MISCELLANEOUS RESOLUTION #09317 BY: Planning and Building Committee, John Scott, Chairperson IN RE: THE PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND COMMUNICATION UTILITY SERVICE TO NEW PAR, A DELAWARE PARTNERSHIP, D/B/A VERIZON WIRELESS, LLC – SPRINGFIELD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Springfield Oaks County Park located in Springfield Township; and WHEREAS pursuant to Miscellaneous Resolution No. 08217 the Oakland County Board of Commissioners entered into a Telecommunications License Agreement with New Par/Verizon Wireless to place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park; and WHEREAS various utilities including telephone line service are required to make the antenna operational; and WHEREAS New Par, a Delaware Partnership, d/b/a Verizon Wireless, LLC has requested that the County of Oakland grant a 12-ft. wide easement for underground communication utility service; and WHEREAS the Oakland County Parks and Recreation staff and New Par, a Delaware Partnership, d/b/a Verizon Wireless, have agreed upon a route for the said easement, which will provide underground communication utility service to the base of the water tower at Springfield Oaks County Park; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and approves the granting of the attached easement for underground communication utility service and related appurtenances to New Par, a Delaware Partnership, d/b/a Verizon Wireless, for the sum of one dollar. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached easement document. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Request to Grant Easement to New par, a Delaware Partnership d/b/a Verizon Wireless, LLC Springfield Oaks County Park and Grant of Non-Exclusive Underground Easement in Gross on file in County Clerk’s office. FISCAL NOTE (MISC. #09317) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST TO GRANT EASEMENT FOR UNDERGROUND COMMUNICATION UTILITY SERVICE TO NEW PAR, A DELAWARE PARTNERSHIP, D/B/A VERIZON WIRELESS, LLC – SPRINGFIELD OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Board of Commissioners and the Parks and Recreation Commission entered into a Telecommunications License Agreement with New Par/Verizon Wireless to place telecommunication antennae and related equipment on the water tower at Springfield Oaks County Park. 2. Various utilities including underground communication utility service are required to make the antennae operational. 3. New Par, a Delaware Partnership, d/b/a Verizon Wireless, LLC has requested Oakland County grant a 12-foot wide easement for underground communication utility service from Hall Road easterly to the base of the water tower. Commissioners Minutes Continued. January 20, 2010 14 4. The resolution authorizes and approves the granting of an easement for underground communication utility service to New Par, a Delaware Partnership, d/b/a Verizon Wireless, LLC for the sum of one (1) dollar. 5. No General Fund/General Purpose or Parks and Recreation funding is required. 6. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09318 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 06- 34-327-001, VACANT MUNGER ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee, the Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the attached Purchase Agreement with the Highland Equestrian Conservancy, for the purchase of approximately 4.0-acres of vacant land located on the south side of Munger Road adjacent to the north property line of Highland Oaks County Park; and WHEREAS pursuant to the terms and conditions of said Purchase Agreement the County of Oakland shall pay the Highland Equestrian Conservancy the sum of $10,000 via a cash sale for the purchase of said property conditioned upon the County performing its required due diligence investigation of the subject property; and WHEREAS sufficient funding for said purchase is available in the Oakland County Parks and Recreation Land Acquisition Fund; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland, as purchaser, and the Highland Equestrian Conservancy, seller, via a cash sale purchase. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents, which may be required to complete the purchase of said property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Purchase Agreement Highland Equestrian Conservancy Property and Purchase Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09318) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 06-34-327-001, VACANT MUNGER ROAD FOR EXPANSION OF HIGHLAND OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a purchase agreement between the County of Oakland and the Highland Equestrian Conservancy Commissioners Minutes Continued. January 20, 2010 15 for the purchase of property parcel no. 06-34-327-001 at vacant Munger Road, Highland, Michigan. 2. The negotiated price is in the amount of $10,000. The land purchase will expand the current acreage of Highland Oaks County Park. 3. The purchase agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 4. No Oakland County General Fund/General Purpose funding is required for this acquisition. 5. Sufficient funding is available in the Oakland County Parks and Recreation Commission’s Fiscal Year 2010 Capital Improvement Program Budget. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09319 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KATHY RENAUD, GLEN OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Glen Oaks County Park; and WHEREAS a one bedroom apartment identified as second floor 30500 Thirteen Mile Road is located on the grounds of Glen Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said apartment located at 30500 Thirteen Mile Road to Ms. Kathy Renaud for a period of five years commencing January 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Ms. Renaud will pay rent in the amount of $343.00 per month during the first year with annual increases as described in the lease, pay all utility costs and provide after hours security, coordinate all emergency activities with local police and fire agencies and arrange for after hours emergency maintenance as necessary; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Ms. Kathy Renaud. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue Fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Kathy Renaud, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Lease Agreement Glen Oaks County Park, PR09-012 Resolution and Residential Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09319) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH KATHY RENAUD, GLEN OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Commissioners Minutes Continued. January 20, 2010 16 Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Kathy Renaud for the rental of an apartment located on the second floor of the clubhouse at 30500 Thirteen Mile Road on the grounds of Glen Oaks County Park. 2. The residential lease agreement with Kathy Renaud stipulates she will pay rent in the amount of $343 per month in the first year with annual increases for a period of five years and pay all utility costs, commencing January 1, 2010. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities; Kathy Renaud will provide after hours security, contact and coordinate all emergency activities with local police and fire agencies, and coordinate emergency maintenance as necessary for Glen Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Glen Oaks Rent House revenue line item. 7. No General Fund/General Purpose or Parks and Recreation funding is required. 8. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09320 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH PATRICK T. OGG, INDEPENDENCE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Independence Oaks County Park; and WHEREAS a ranch-style, three bedroom house, identified as 9489 Sashabaw Road, is located on the grounds of Independence Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 9489 Sashabaw Road to Patrick T. Ogg for a period of five years commencing January 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Ogg will pay rent in the amount of $880.00 per month during the first year with annual increases as described in the lease, pay all utility costs and provide after hours security, coordinate all emergency activities with local police and fire agencies and arrange for after hours emergency maintenance as necessary; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Patrick T. Ogg. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue Fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Patrick T. Ogg, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Commissioners Minutes Continued. January 20, 2010 17 Copy of Approval and Acceptance of Lease Agreement Independence Oaks County Park, PR09-012 Resolution, and Residential Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09320) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH PATRICK T. OGG, INDEPENDENCE OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Patrick T. Ogg for the rental of a house identified as 9489 Sashabaw Road and located on the grounds of Independence Oaks County Park. 2. The residential lease agreement with Patrick T. Ogg stipulates he will pay rent in the amount of $880 per month in the first year with annual increases for a period of five years and pay all utility costs, commencing January 1, 2010. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities; Patrick T. Ogg will provide after hours security, contact and coordinate all emergency activities with local police and fire agencies, and coordinate emergency maintenance as necessary for Independence Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Independence Oaks Rent House revenue line item. 7. No General Fund/General Purpose or Parks and Recreation funding is required. 8. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09321 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH ADAM VOGEL AND RYAN ERNST, WATERFORD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and WHEREAS a ranch style two bedroom house identified as 1580 Scott Lake Road is located on the grounds of Waterford Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 1580 Scott Lake Road to Adam Vogel and Ryan Ernst for a period of five years commencing January 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Vogel and Mr. Ernst will pay rent in the amount of $682.50 per month during the first year with annual increases as described in the lease, pay all utility costs and provide after hours security, coordinate all emergency activities with local police and fire agencies and arrange for after hours emergency maintenance as necessary; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. Commissioners Minutes Continued. January 20, 2010 18 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Mr. Adam Vogel and Mr. Ryan Ernst. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue fund line item. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Adam Vogel and Ryan Ernst, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Lease Agreement Waterford Oaks County Park, PR09-012 Resolution, and Residential Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09321) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH ADAM VOGEL AND RYAN ERNST, WATERFORD OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Adam Vogel and Ryan Ernst for the rental of a house identified as 1580 Scott Lake Road and located on the grounds of Waterford Oaks County Park. 2. The residential lease agreement with Adam Vogel and Ryan Ernst stipulates they will pay rent in the amount of $682.50 per month in the first year with annual increases for a period of five years and pay all utility costs, commencing January 1, 2010. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities; Adam Vogel and Ryan Ernst will provide after hours security, contact and coordinate all emergency activities with local police and fire agencies, and coordinate emergency maintenance as necessary for Waterford Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Waterford Oaks Rent House revenue line item. 7. No General Fund/General Purpose or Parks and Recreation funding is required. 8. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09322 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH ILA ROWLAND, WATERFORD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and WHEREAS a ranch style two bedroom house, identified as 2866 Watkins Lake Road, is located on the grounds of Waterford Oaks County Park; and Commissioners Minutes Continued. January 20, 2010 19 WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 2866 Watkins Lake Road to Ila Rowland for a period of five years commencing January 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Ms. Ila Rowland will pay rent in the amount of $703.00 per month during the first year with annual increases as described in the lease, pay all utility costs and provide after hours security, coordinate all emergency activities with local police and fire agencies and arrange for after hours emergency maintenance as necessary; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Ms. Ila Rowland. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue Fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Ila Rowland, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Lease Agreement Waterford Oaks County Park, PR 09-012 Resolution and Residential Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09322) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH ILA ROWLAND, WATERFORD OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Ila Rowland for the rental of a house identified as 2866 Watkins Lake Road and located on the grounds of Waterford Oaks County Park. 2. The residential lease agreement with Ila Rowland stipulates she will pay rent in the amount of $703 per month in the first year with annual increases for a period of five years and pay all utility costs, commencing January 1, 2010. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities; Ila Rowland will provide after hours security, contact and coordinate all emergency activities with local police and fire agencies, and coordinate emergency maintenance as necessary for Waterford Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Waterford Oaks Rent House revenue line item. 7. No General Fund/General Purpose or Parks and Recreation funding is required. 8. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) Commissioners Minutes Continued. January 20, 2010 20 *MISCELLANEOUS RESOLUTION #09323 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH STEVEN ERNST, WATERFORD OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and WHEREAS an older barn is located easterly of 1580 Scott Lake Road on the grounds of Waterford Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said barn and a small plot of land located at 1580 Scott Lake Road to Steven Ernst for a period of five years commencing January 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Ernst will pay rent in the amount of $75.00 per month during the term of the lease; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Mr. Steven Ernst. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue Fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Steve Ernst, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Lease Agreement Waterford Oaks County Park, PR09-013 Resolution, and Lease on file in County Clerk’s office. FISCAL NOTE (MISC. #09323) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH STEVEN ERNST, WATERFORD OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a lease agreement between the County of Oakland and Steven Ernst for the rental of a barn and 10’ X 50’ plot of land located easterly of 1580 Scott Lake Road on the grounds of Waterford Oaks County Park. 2. The residential lease agreement with Steven Ernst stipulates he will pay rent in the amount of $75 per month, commencing January 1, 2010. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. The lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 5. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, Waterford Oaks Rent House revenue line item. 6. No General Fund/General Purpose or Parks and Recreation funding is required. Commissioners Minutes Continued. January 20, 2010 21 7. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #09324 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH BRIAN RATLEDGE, WHITE LAKE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is the owner of White Lake Oaks County Park; and WHEREAS a ranch style two bedroom house, identified as 1540 Orchard Street, is located on the grounds of White Lake Oaks County Park; and WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 1540 Orchard Street to Brian Ratledge for a period of five years commencing January 1, 2010; and WHEREAS under the terms and conditions of the attached Lease Agreement Mr. Ratledge will pay rent in the amount of $405.00 per month during the first year with annual increases as described in the lease, pay all utility costs and provide after hours security, coordinate all emergency activities with local police and fire agencies and arrange for after hours emergency maintenance as necessary; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement between the County of Oakland and Brian Ratledge. BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks and Recreation Rental House Revenue Fund line item. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Brian Ratledge, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Approval and Acceptance of Lease Agreement White Lake Oaks County Park, PR09-012 Resolution, and Residential Lease Agreement on file in County Clerk’s office. FISCAL NOTE (MISC. #09324) BY: Finance Committee, Tom Middleton, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH BRIAN RATLEDGE, WHITE LAKE OAKS COUNTY PARK 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 Miscellaneous Resolution and finds: 1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a residential lease agreement between the County of Oakland and Brian Ratledge for the rental of a house identified as 1540 Orchard Street and located on the grounds of White Lake Oaks County Park. 2. The residential lease agreement with Brian Ratledge stipulates he will pay rent in the amount of $405 per month in the first year with annual increases for a period of five years and pay all utility Commissioners Minutes Continued. January 20, 2010 22 costs, commencing January 1, 2010. 3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be considered additional rent to compensate for costs incurred because of late payments. 4. In addition to rent and utilities; Brian Ratledge will provide after hours security, contact and coordinate all emergency activities with local police and fire agencies, and coordinate emergency maintenance as necessary for White Lake Oaks County Park. 5. The residential lease agreement was recommended for approval by the Oakland County Parks and Recreation Commission on November 4, 2009. 6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund, White Lake Oaks Rent House revenue line item. 7. No General Fund/General Purpose or Parks and Recreation funding is required. 8. No budget amendment is recommended. FINANCE COMMITTEE (The vote for this motion appears on page 29.) *REPORT (MISC. #10007) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FY 2010 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on January 13, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10007 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FY 2010 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $3,806,197 in grant funds for the period of October 1, 2009, through September 30, 2010; and WHEREAS the MDOC has awarded Oakland County a 2009/2010 Community Corrections grant in the amount of $3,793,536 which is a .3% variance or $12,661 less than requested in the application; and WHEREAS the MDOC now holds the contracts for all residential services meaning that $2,110,841 of the $3,793,536 award has been allocated for Oakland County Residential Services but will not be recorded as income; and WHEREAS the remaining amount of $1,682,695 is the County’s responsibility as shown on Schedule A; and WHEREAS the grant funds the following Community Corrections Division positions ten (10) Community Corrections Specialist IIs (positions # 07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649); one (1) PTNE Community Corrections Specialist II (position 9292), one (1) Office Assistant II (position 09295), one half (.5) Community Corrections User Support Specialist (position 07834), one (1) Community Corrections Specialist III (position 07428), and one half (.5) Supervisor-Community Corrections (position 09396); and WHEREAS the grant funds the following Sheriff’s Department positions; three (3) Inmate Caseworkers (positions 07418, 07419, and 07420), one (1) Office Assistant I which is a FTE but is under filled with a PTNE (position 07417), one (1) FTE Inmate Substance Abuse Tech (position 07421) and one (1) PTE Inmate Substance Abuse Tech (position 09397); and Commissioners Minutes Continued. January 20, 2010 23 WHEREAS to reflect funding changes and utilization of positions the Sheriff is requesting to decrease position #4030320-07417 from full-time eligible to part-time non-eligible and position #4030320-09397 be decreased from part-time eligible to part-time non-eligible; and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however, it should be noted that the FY 2010 Budget of this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2009 Community Corrections grant from the Michigan Department of Corrections in the amount of $3,793,536. BE IT FURTHER RESOLVED that the County is financially responsible for $1,682,695 and that the State contracts directly for residential services of $2,110,841. The future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund/General Purpose Fund) will be contingent upon the level of funding available from the State. BE IT FURTHER RESOLVED that the following Special Revenue (SR) positions be continued in Community Corrections: #1070402-07425, 07426, 07429, 07432, 07433, & 09247; 1070410-9243, 9291, 9648 & 9649; 1070410-09292 & 9295, 1070402-7834; 1070401-07428, and 1070410-09397. BE IT FURTHER RESOLVED that the following SR positions be continued in the Sheriff’s Office: 4030320-07418, 07419, 07420, 07421 & 09397. BE IT FURTHER RESOLVED that one (1) SR Office Assistant II (Pos. #4030320-07417) in the Sheriff’s Office be decreased from full-time eligible to part-time non eligible 1,000 hours/year retroactive to October 1, 2009. BE IT FURTHER RESOLVED that one (1) SR Inmate Substance Abuse Technician (Pos. #4030320– 09397) in the Sheriff’s Office be decreased from part-time eligible 1,400 hours/year to part-time non eligible 1,000 hours/year retroactive to October 1, 2009. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Community Corrections on file in County Clerk’s office. Copy of Agreement Between the State of Michigan Department of Corrections and Oakland County Comprehensive Corrections Plans on pages 500-527. FISCAL NOTE (MISC. #10007) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION – FY 2010 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE 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 Michigan Department of Corrections (MDOC) has awarded the Oakland County Community Corrections Division a Community Corrections Comprehensive Plan Grant in the amount of $3,793,536, which is a .3% variance or $12,661 less than requested in the application. 2. The grant award is $86,687 greater than the previous award of $3,706,849. 3. The MDOC now holds the contracts for all residential services, meaning that $2,110,841 of the $3,793,536 award has been allocated for Oakland County residential services but will not be recorded as income. The $2,110,841 will be paid by the State directly to residential centers. 4. The remaining amount of $1,682,695 is the County’s program as detailed on Schedule A. 5. This is the sixteenth (16th) year of the grant application with the Michigan Department of Corrections, Office of Community Corrections. 6. The grant period is October 1, 2009 through September 30, 2010. 7. The grant provides funding for positions in the Community Corrections Division and the Sheriff’s Office. Commissioners Minutes Continued. January 20, 2010 24 8. The Sheriff’s Office is requesting to change the status of Special Revenue (SR) position #4030320-07417 from full-time eligible to part-time non-eligible and position #4030320-09397 from part-time eligible to part-time non-eligible retroactive to October 1, 2009. 9. No County match is required however, it should be noted that the FY 2010 budget of this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections. 10. In addition to the grant and independent of the grant award, the FY 2010 Adopted Budget includes a General Fund/General Purpose appropriation of $4,589,240 for Community Corrections. 11. The FY 2010 Adopted Special Revenue Budget already includes positions at the reduced rate and therefore, no budget amendment is recommended. 12. The FY 2010 Adopted Special Revenue (SR) budget is amended as detailed in the attached Schedule A to reflect the new grant award of $1,682,695, which is $342,416 less than the Adopted Budget of $2,025,111. FINANCE COMMITTEE *REPORT (MISC. #10008) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF HIGHLAND, 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on January 13, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10008 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF HIGHLAND - 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Highland has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (M.R. #09302); and WHEREAS paragraph 20 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Highland Township Board; and WHEREAS the Charter Township of Highland has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would add (1) Patrol Investigator bringing the number of Patrol Investigators to three (3) and bringing the total number of contracts to nineteen (19); and WHEREAS the Sheriff has agreed to add one (1) Patrol Investigator for the Charter Township of Highland under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of Highland to add one (1) Patrol Investigator. BE IT FURTHER RESOLVED that one Deputy II position be created in the Highland/Contracted Patrol- Other Municipalities/Patrol Services Division of the Sheriff’s Office. BE IT FURTHER RESOLVED that one semi-marked vehicle with radio and MDC be added to the county fleet. BE IT FURTHER RESOLVED that this amendment will take effect January 1, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Commissioners Minutes Continued. January 20, 2010 25 Copy of Sheriff’s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk’s office. OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF HIGHLAND Amendment 1 Pursuant to paragraph 24 of the 2010 Law Enforcement Services Agreement between the COUNTY and the CHARTER TOWNSHIP OF HIGHLAND, the parties hereby agree to amend said contract in accordance with the attached Schedule A. All other contractual provisions, of the 2010 Law Enforcement Services Agreement not otherwise affected by the attached Schedule A, remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 1 to the 2010 Law Enforcement Services Agreement, ("Amendment") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, Patricia M. Pilchowski, Supervisor of the Charter Township of Highland, hereby acknowledges that she has been authorized by a resolution of the Township Board, to execute this Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Patricia M. Pilchowski, Supervisor WITNESSED: __________________________, Clerk DATE: _______________ Charter Township of Highland IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ Ruth Johnson, Clerk County of Oakland FISCAL NOTE (MISC. #10008) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE - CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF HIGHLAND - 2010 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 Charter Township of Highland has contracted with the Oakland County Sheriff’s Office to provide law enforcement services for the Township (M.R. #09302). 2. Amendment #1 to the contract agreement for the calendar year period of January 1, 2010 through December 31, 2010 adds one (1) Patrol Investigator bringing the number of Patrol Investigators to three (3) and raises the total number of contracted positions at this community from 18 to 19. 3. Resolution also specifies the addition of one (1) semi-marked patrol vehicle (with MDC, mobile and prep radio) to the county fleet. 4. A budget amendment is recommended as follows: GENERAL FUND (#10100) – OPERATING UNIT #40060 Revenues FY 2010 FY 2011 FY 2012 4030601-116180-632093 Sher. Spec. Deputy $122,020 $122,020 $122,020 Total Revenues $122,020 $122,020 $122,020 Expenditures Commissioners Minutes Continued. January 20, 2010 26 4030601-116180-702010 Salaries $ 65,803 $ 65,803 $ 65,803 4030601-116180-712020 Overtime 5,134 5,134 5,134 4030601-116180-722790 Social Sec. 5,034 5,034 5,034 4030601-116180-722770 Retirement 20,682 20,682 20,682 4030601-116180-722780 Hospitalization 10,704 10,704 10,704 4030601-116180-722760 Group Life 197 197 197 4030601-116180-722750 Workers Comp 1,715 1,715 1,715 4030601-116180-722810 Disability 230 230 230 4030601-116180-722820 Unemployment 132 132 132 4030601-116180-722800 Dental 698 698 698 4030601-116180-722850 Optical 54 54 54 4030601-116180-776661 Motor Pool 9,840 9,840 9,840 4030601-116180-750070 Deputy Supplies 393 393 393 4030601-116180-750581 Uniforms 466 466 466 4030601-116180-730653 Equip Rental 180 180 180 4030601-116180-774677 Insurance Fund 595 595 595 4030601-116180-773535 CLEMIS 163 163 163 Total Expenditures $122,020 $122,020 $122,020 FINANCE COMMITTEE (The vote for this motion appears on page 29.) *REPORT (MISC. #10009) BY: Human Resources Committee, Sue Ann Douglas, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF INDEPENDENCE – 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on January 13, 2010 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE MISCELLANEOUS RESOLUTION #10009 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF INDEPENDENCE – 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Charter Township of Independence has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the Township (M.R. #09305); and WHEREAS paragraph 20 of this Contract provided that an amendment to this Contract must be approved by concurrent resolutions of both the Oakland County Board of Commissioners and the Independence Township Board; and WHEREAS the Charter Township of Independence has approved a proposed amendment to the contract (Schedule A Deputies Contracted) which would add (2) Patrol Investigators bringing the number of Patrol Investigators to seven (7) and bringing the total number of contracts to twenty-eight (28); and WHEREAS the Sheriff has agreed to add two (2) Patrol Investigators for the Charter Township of Independence under the terms of this contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves an amendment to the original Schedule A (Sheriff Deputies Contracted) of the Oakland County Sheriff's Office 2010 Law Enforcement Services Agreement with the Charter Township of Independence to add two (2) Patrol Investigators. BE IT FURTHER RESOLVED that two (2) Deputy II positions be created in the Independence/ Contracted Patrol-Other Municipalities/Patrol Services Division of the Sheriff’s Office. Commissioners Minutes Continued. January 20, 2010 27 BE IT FURTHER RESOLVED that two semi-marked vehicles with radio and MDC be added to the county fleet. BE IT FURTHER RESOLVED that this amendment will take effect January 1, 2010. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Schedule A Sheriff’s Deputies Contracted for and to be Assigned to Municipality on file in County Clerk’s office. OAKLAND COUNTY SHERIFF'S OFFICE 2010 LAW ENFORCEMENT SERVICES AGREEMENT WITH CHARTER TOWNSHIP OF INDEPENDENCE Amendment 1 Pursuant to paragraph 20 of the 2010 Law Enforcement Services Agreement between the COUNTY and the CHARTER TOWNSHIP OF INDEPENDENCE, the parties hereby agree to amend said contract in accordance with the attached Schedule A. All other contractual provisions, of the 2010 Law Enforcement Services Agreement not otherwise affected by the attached Schedule A, remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 1 to the 2010 Law Enforcement Services Agreement, ("Amendment") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract. IN WITNESS WHEREOF, David Wagner, Supervisor of the Charter Township of Independence, hereby acknowledges that he has been authorized by a resolution of the Township Board, to execute this Amendment on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ David Wagner, Supervisor WITNESSED: __________________________, Clerk DATE: _______________ Charter Township of Independence IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Amendment on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE: _______________ Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ Ruth Johnson, Clerk County of Oakland FISCAL NOTE (MISC. #10009) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CHARTER TOWNSHIP OF INDEPENDENCE – 2010 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 Charter Township of Independence has contracted with the Oakland County Sheriff’s Office to provide law enforcement services for the Township (M.R. #09305). 2. Amendment #1 to the contract agreement for the calendar year period of January 1, 2010 through December 31, 2010 adds (2) Patrol Investigators bringing the number of Patrol Investigators to seven (7) and raises the total number of contracted positions at this community from 26 to 28. 3. Resolution also specifies the addition of two (2) semi-marked patrol vehicles (with MDC, mobile and prep radios) to the county fleet. Commissioners Minutes Continued. January 20, 2010 28 4. A budget amendment is recommended as follows: GENERAL FUND (#10100) – OPERATING UNIT #40080 Revenues FY 2010 FY 2011 FY 2012 4030601-116180-632093 Sher. Spec. Deputy $244,040 $244,040 $244,040 Total Revenues $244,040 $244,040 $244,040 Expenditures 4030601-116180-702010 Salaries $131,606 $131,606 $131,606 4030601-116180-712020 Overtime 10,268 10,268 10,268 4030601-116180-722790 Social Sec. 10,068 10,068 10,068 4030601-116180-722770 Retirement 41,364 41,364 41,364 4030601-116180-722780 Hospitalization 21,408 21,408 21,408 4030601-116180-722760 Group Life 394 394 394 4030601-116180-722750 Workers Comp 3,430 3,430 3,430 4030601-116180-722810 Disability 460 460 460 4030601-116180-722820 Unemployment 264 264 264 4030601-116180-722800 Dental 1,396 1,396 1,396 4030601-116180-722850 Optical 108 108 108 4030601-116180-776661 Motor Pool 19,680 19,680 19,680 4030601-116180-750070 Deputy Supplies 786 786 786 4030601-116180-750581 Uniforms 932 932 932 4030601-116180-730653 Equip Rental 360 360 360 4030601-116180-774677 Insurance Fund 1,190 1,190 1,190 4030601-116180-773535 CLEMIS 326 326 326 Total Expenditures $244,040 $244,040 $244,040 FINANCE COMMITTEE (The vote for this motion appears on page 29.) *MISCELLANEOUS RESOLUTION #10010 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF’S OFFICE – 2010 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s Office Marine Safety Unit $9,525 for the Off-Road Vehicle Safety Education Program; and WHEREAS no county match or additional positions are required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the Department of Natural Resources 2009-2010 ORV Safety Education Program Grant Acceptance Agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement, as attached. BE IT FURTHER RESOLVED that no grant match is required. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of Grant Review Sign Off – Sheriff’s Office on file in County Clerk’s office. Copy of FY 2010 Off-Road Vehicle (ORV) Safety Education Grant Agreement on pages 528-530. Commissioners Minutes Continued. January 20, 2010 29 FISCAL NOTE (MISC. #10010) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF’S OFFICE – 2010 OFF-ROAD VEHICLE (ORV) SAFETY EDUCATION PROGRAM GRANT ACCEPTANCE 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 State of Michigan, Department of Natural Resources (DNR), has awarded the Sheriff’s Office Marine Safety Unit $9,525 for an Off-Road Vehicle Safety Education Program. 2. The grant period is from October 1, 2009 through September 30, 2010. 3. No County match or additional positions are required. 4. A budget amendment to the Fiscal Year 2010 Sheriff’s Office Marine Safety budget is recommended as follows: GENERAL FUND #10100 FY 2010 Revenue 10100-4030601-116200-615571 Grants State $ 9,525 Total General Fund Revenue $ 9,525 Expenditures 10100-4030601-116200-702140 Other Misc. Salaries $ 9,525 Total General Fund Expenditures $ 9,525 $ -0- FINANCE COMMITTEE Vote on Consent Agenda: AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). Commissioner Middleton stated there were no items to report on the Regular Agenda for the Finance Committee. REPORT (MISC. #09260) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SUPPORT FOR HR 3745 – THE COMMUNITY ACCESS PRESERVATION ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 11, 2010, hereby recommends that the resolution be amended as follows: 1. Strike the first WHEREAS. 2. Strike all references to “CMN” and instead insert “Local Public Access Cable Channels”. 3. Amend the 9th WHEREAS: WHEREAS HR 3745 addresses critical and immediate threats to PEG channels by: (1) allowing federal funds that are currently provided to PEG channels additional monies beyond base franchise fees to be used for operating expenses, and not just for facilities and equipment; (2) ensuring that cable operators treat PEG channels the same as all other channels and do not discriminate against them in regard to quality, accessibility, functionality, placement, and price; and (3) allowing decisions regarding PEG channels to continue to be made at the local level. Commissioners Minutes Continued. January 20, 2010 30 Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09260 BY: Commissioners Tim Greimel, District #11; Tim Burns, District #19 IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR HR 3745 - THE COMMUNITY ACCESS PRESERVATION ACT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Community Media Network (CMN), a Public Access cable channel operating in Oakland County, plays a significant role in Oakland County; and WHEREAS CMN is a unique and valuable resource for enrichment, entertainment, local public safety and emergency information, and discourse for the residents of Oakland County; and WHEREAS CMN televises programs about local government topics and other community issues, so that citizens are informed and involved in their community; and WHEREAS CMN contributes to the democratic process by providing opportunities for elected officials and candidates for office to discuss local issues; and WHEREAS CMN provides a window through which residents can view the diversity of cultures, participate in recreational and enrichment activities, learn about health, wellness, faith, and legal topics, and enjoy the artistic endeavors in our community; and WHEREAS CMN reflects the unique identity of Oakland County; and WHEREAS it is important to preserve all public, educational and governmental access (PEG) channels and their funding, and to ensure that the channels continue to be available to everyone in the communities they serve; and WHEREAS HR 3745, the Community Access Preservation Act, has been introduced in the United States Congress; and WHEREAS HR 3745 addresses critical and immediate threats to PEG channels by: (1) allowing federal funds that are currently provided to PEG channels to be used for operating expenses, and not just for facilities and equipment; (2) ensuring that cable operators treat PEG channels the same as all other channels and do not discriminate against them in regard to quality, accessibility, functionality, placement, and price; and (3) allowing decisions regarding PEG channels to continue to be made at the local level. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports immediate passage of HR 3745 by the United States Congress. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls on our Congressional delegation to take all possible actions in support of the passage of HR 3745, including but not limited to endorsing, co-sponsoring, and voting for HR 3745, and to work for its rapid passage. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to: Michigan’s United States Senators, those members of the United States House of Representatives who represent Oakland County, the Michigan Association of Counties, the National Association of Counties, and Oakland County’s legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. TIM GREIMEL, GARY McGILLIVRAY, TIM BURNS, DAVID COULTER, MATTIE HATCHETT, HELAINE ZACK, MARCIA GERSHENSON, DAVID WOODWARD, JANET JACKSON, STEVEN SCHWARTZ Copy of H.R. 3745 on file in County Clerk’s office. Moved by Long supported by Greimel the resolution be adopted. Moved by Long supported by Greimel the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Commissioners Minutes Continued. January 20, 2010 31 Moved by Long supported by Greimel the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (24) NAYS: None. (0) ABSTAIN: Jackson. (1) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #09326) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY CITIZEN ACADEMY STUDY GROUP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 11, 2010, hereby recommends that the resolution be amended as follows. 1. Amend the 2nd WHEREAS: BE IT FURTHER RESOLVED that at least two (2) Oakland County Commissioners shall be appointed by the Board Chair to serve on the Citizen Academy Study Group, with a minimum of one (1) Commissioner from the majority party and one (1) Commissioner from the minority party to be recommended by the General Government Committee to the full Board of Commissioners. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09326 BY: Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS – OAKLAND COUNTY CITIZEN ACADEMY STUDY GROUP To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS across our nation, counties have recognized the benefit of establishing a “Citizens Academy” to support the community as a whole by enabling interested residents to become more involved in local government by educating them about county government policies and procedures; and WHEREAS by establishing a Citizens Academy, county governments develop a partnership with citizens; encourage citizens to take a more active role in government; meet and interact with other community- minded citizens; and foster an atmosphere for discussion and questions; and WHEREAS many county-sponsored Citizens Academies offer a curriculum that involves seminars and workshops featuring topics, such as: elections, growth management, community service, public protection, emergency services, the correctional system, property assessments, budgets, information technology, parks, personnel and courtroom watching; and WHEREAS an Oakland County Citizen Academy would provide a unique opportunity for citizens to develop a better understanding about Oakland County government and create an appreciative learning experience and understanding that participants can take back to their communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports the concept of establishing an Oakland County Citizens Academy program designed to engage community members in participation, communication, mutual learning and understanding of the operations of Oakland County government. Commissioners Minutes Continued. January 20, 2010 32 BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners establishes a Citizens Academy Study Group, with membership comprised of representatives from the offices of the County Executive, County Clerk/Register of Deeds, County Sheriff, County Prosecuting Attorney, County Treasurer, Circuit Court Judges, Parks and Recreation Commission, Road Commission for Oakland County, and any county department or division that is interested in participating. BE IT FURTHER RESOLVED that at least two (2) Oakland County Commissioners shall be appointed to serve on the Citizen Academy Study Group, with a minimum of one (1) Commissioner from the majority party and one (1) Commissioner from the minority party to be recommended by the General Government Committee to the full Board of Commissioners. BE IT FURTHER RESOLVED that the Citizen Academy Study Group shall submit its recommendations to the Board of Commissioners through its appropriate committees no later than March 30, 2010. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to Oakland County’s Executive, Clerk/Register of Deeds, Sheriff, Prosecutor Attorney, Treasurer, Circuit Court Judges, Parks and Recreation Commission, Water Resources Commissioner, and Road Commission for Oakland County. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, JANET JACKSON, TIM GREIMEL, DAVID COULTER, GARY McGILLIVRAY, JIM NASH, MARCIA GERSHENSON, HELAINE ZACK, MATTIE HATCHETT, STEVEN SCHWARTZ, TIM BURNS, KIM CAPELLO, DAVID POTTS Moved by Long supported by Coleman the resolution be adopted. Moved by Long supported by Coleman the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Coleman the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT (MISC. #09327) BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS – SMART TRANSPORTATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having considered the above titled resolution on January 11, 2010, hereby recommends that the resolution be amended as follows: 1. Amend the NOW THEREFORE BE IT RESOLVED: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests the Executive Director and/or Board of Directors of SMART to provide the Oakland County Public Transportation Authority and the Commissioners Minutes Continued. January 20, 2010 33 Oakland County Board of Commissioners, through the General Government Committee, with the following information: Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #09327 BY: Eric Coleman, District #23 IN RE: BOARD OF COMMISSIONERS – SMART TRANSPORTATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Michigan Public Act 204 of 1967, created SEMTA (Southeastern Michigan Transportation Authority) which was responsible for public transportation services and facilities for the Southeastern Michigan region; and WHEREAS In 1989, Public Act 204 was amended and SEMTA was renamed SMART (Suburban Mobility Authority for Regional Transportation); and WHEREAS regular and timely information is not being received from SMART relative to budgetary projections or anticipated changes in transportation service; and WHEREAS transparency is government is encouraged because it promotes accountability and provides information for citizens and decision-makers; and WHEREAS government and public agencies should be participatory and collaborative. Public engagement enhances the effectiveness and improves the quality decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that knowledge; and WHEREAS the Oakland County Board of Commissioners, as the duly elected representatives of the citizens of Oakland County, should have current access to information relative to regional transportation that is supported by our local taxpayers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby requests the Executive Director and/or Board of Directors of SMART to provide the Oakland County Board of Commissioners, through the General Government Committee, with the following information:  By-laws and Rules and Procedures (and any subsequent updates)  Annual Financial Report  The Annual Report  Minutes from Board of Director’s Meetings  Minutes from all Committee Meetings  Updates of any budgetary changes  Updates of any changes in service  Updates of any changes in fares  Updates of any deficit reduction plans  Copies of Press Releases BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners respectfully requests that at least once a year, that the Executive Director of SMART make a formal presentation on the status of transportation service in Oakland County and the region. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Executive Director and each member of the Board of Directors of SMART. Chairperson, we move the adoption of the foregoing resolution. ERIC COLEMAN, JANET JACKSON, TIM GREIMEL, DAVID COULTER, GARY McGILLIVRAY, MARCIA GERSHENSON, JIM NASH, HELAINE ZACK, TIM BURNS, STEVEN SCHWARTZ, MATTIE HATCHETT, KIM CAPELLO Moved by Long supported by Coleman the resolution be adopted. Moved by Long supported by Coleman the General Government Committee Report be accepted. Commissioners Minutes Continued. January 20, 2010 34 A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Coleman the resolution be amended to coincide with the recommendation in the General Government Committee Report. A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. REPORT BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS - APPOINTMENTS TO COORDINATING ZONING COMMITTEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having received a recommendation from the Planning and Building Committee for appointments to the Coordinating Zoning Committee pursuant to Board Rule XI.D.(4) and MCL 125.3307, hereby recommends that the following commissioners be appointed to serve for a one- year term: COORDINATING ZONING COMMITTEE (One-year term ending 12/31/2010) Robert Gosselin, Kim Capello, Steve Schwartz Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE Copy of Letter from John Scott, Chairperson, Planning and Building Committee on file in County Clerk’s office. Moved by Long supported by Gingell the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Long supported by Gingell the appointments of Robert Gosselin, Kim Capello and Steve Schwartz to the Coordinating Zoning Committee for a one-year term ending December 31, 2010 be confirmed. Vote on appointment: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter. (25) NAYS: None. (0) A sufficient majority having voted in favor, the appointments of Robert Gosselin, Kim Capello, and Steve Schwartz to the Coordinating Zoning Committee for a one-year term ending December 31, 2010 were confirmed. Commissioners Minutes Continued. January 20, 2010 35 Commissioner Douglas stated there were no items to report on the Regular Agenda for the Human Resources Committee. MISCELLANEOUS RESOLUTION #10011 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: FACILITIES MANAGEMENT – DEPARTMENT OF ENERGY EECBG GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Energy has awarded the Department of Facilities Management grant funding in the amount of $4,879,700 for a period of three years; and WHEREAS this is the first year of grant acceptance for this program; and WHEREAS this is direct funding without the need for matching funds; and WHEREAS this grant is to be used to improve the energy efficiency of County facilities and buildings; and WHEREAS no new staff positions will be required to implement or administer this grant; and WHEREAS Facilities Management will issue RFPs for Energy Audit Services upon grant acceptance; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners’ Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Department of Energy in the amount of $4,879,700, county match of $0, for a period of three years effective immediately. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and that no special revenue positions are required for acceptance. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Grant Review Sign Off – Facilities Management, Federal Assistance Reporting Checklist and Instructions, Attachment #3 Budget Information – Non Construction Programs, and Special Terms and Conditions on file in County Clerk’s office. Copy of Department of Energy EECBG Grant Acceptance on pages 531-540. FISCAL NOTE (MISC. #10011) BY: Finance Committee, Tom Middleton, Chairperson IN RE: FACILITIES MANAGEMENT – DEPARTMENT OF ENERGY EECBG GRANT ACCEPTANCE 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 resolution accepts 2009 Recovery Act – Energy Efficiency and Conservation Block Grant (EECBG) Federal funding from the U.S. Department of Energy in the amount of $4,879,700 (Contract #DE-EE0000750/000). 2. The purpose of the EECBG Grant is to assist eligible entities in creating and implementing strategies to: (1) reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; (2) reduce the total energy use of the eligible entities; and (3) improve energy efficiency in the building sector, the transportation sector, and other appropriate sectors. 3. Projects totaling $4,879,700 in the award include: (1) Building and Facilities Energy Audits $195,500; (2) Facilities Management Energy Program $3,661,300; (3) Airport Site Lighting LED Replacements $224,300; (4) New Airport Terminal Building – Renewable Energy Enhancements $271,300; (5) New Airport Terminal Building – Energy Saving and Avoidance Construction Enhancements $400,800; and (6) New Airport Terminal Building – Transportation Alternatives $126,500. Commissioners Minutes Continued. January 20, 2010 36 4. The grant award is in the same amount as the application. 5. The grant funding period is from November 17, 2009 through November 16, 2012. 6. No County match is required for the EECBG grant. 7. Amendments for the 2009 Recovery Act – Energy Efficiency and Conservation Block Grant Acceptance are as follows: ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT - FUND #29580 (GR0000000481) FY 2010 Revenue 1040701-140010-610313 Facilities - Federal Operating $2,781,800 1030701-154000-610313 Airport - Federal Operating 1,022,900 6010101-149090-610313 Water Resources – Fed. Oper. 750,000 5060101-160000-610313 Parks - Federal Operating 325,000 $4,879,700 Expenditure 1040701-140010-730373 Facilities - Contracted Svcs $2,781,800 1030701-154000-730373 Airport - Contracted Svcs 1,022,900 6010101-149090-730373 Water Resources – Cont. Svcs 750,000 5060101-160000-730373 Parks - Contracted Svcs 325,000 $4,879,700 FINANCE COMMITTEE Moved by Scott supported by Nash the resolution (with fiscal note attached) be adopted. Discussion followed. AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10012 BY: Planning and Building Committee, John Scott, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION – APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT FOR URBAN SEARCH AND RESCUE STORAGE FACILITY, 6226 “G” ROW NORTH SERVICE ROAD, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has purchased, on behalf of the Southeast Michigan Homeland Security Board, various pieces of specialized search and rescue equipment and vehicles; and WHEREAS at the present time no adequate County owned facility exists on or off the Oakland County Service Center, which would accommodate storage and provide for routine maintenance of said equipment; and WHEREAS the County Administration has negotiated the terms of the attached two-year lease agreement at a rental rate of $7,200 per month for use of an airport hangar located at 6226 “G” Row North Service Road, Waterford, MI with Aviation Station North LLC, as Landlord; and WHEREAS the rent for the leased premises will be paid for from monies from the FY 07 and FY 08 Urban Area Security Initiative Grant; and WHEREAS it is the recommendation that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement; and WHEREAS the County Administration and Facilities Management have reviewed and/or prepared all necessary documents related to the attached lease agreement; and WHEREAS the Departments of Corporation Counsel and Risk Management have reviewed and signed off on the Lease Agreement. Commissioners Minutes Continued. January 20, 2010 37 NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement for use of 6226 “G” Row North Service Road between the County of Oakland and Aviation Station North, LLC. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Aviation Station North, LLC, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Lease on file in County Clerk’s office. FISCAL NOTE (MISC. #10012) BY: Finance Committee, Tom Middleton, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH AND HUMAN SERVICES – HOMELAND SECURITY DIVISION - APPROVAL AND ACCEPTANCE FOR URBAN SEARCH AND RESCUE STORAGE FACILITY, 6226 “G” ROW NORTH SERVICE ROAD, WATERFORD, MICHIGAN 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 resolution approves and authorizes a Lease Agreement between the County of Oakland and Aviation Station North, LLC (landlord) for the lease of a 14,400 square foot hangar located at 6226 “G” Row North Service Road, Waterford, Michigan. 2. Currently no adequate County owned facility exists on or off campus which would accommodate storage and provide routine maintenance of specialized search and rescue equipment and vehicles. 3. The lease agreement begins upon execution of the lease and will end on December 31, 2012. The cost of the lease is $7,200 per month and includes all structural maintenance, site maintenance, snow removal, lawn maintenance, trash removal, taxes, and utilities. 4. The County of Oakland has the right to cancel this Lease for any reason upon thirty (30) days written notice to Aviation Station North, LLC (landlord) with no penalty. 5. Funding for the lease premises will be paid from unspent 2007 and 2008 grant money to cover the lease. Funding is estimated at $14,400, through March 31, 2010 from the Grant Year 2007 Urban Area Security Initiative Grant (UASI). The remainder of funding for the lease agreement is available in the Grant Year 2008 Urban Area Security Initiative Grant (UASI) which is approximately $100,800. 6. Grant monies are projected to extend thru May 31, 2011. There is no secured funding beyond May 31, 2011, to complete the lease agreement. Homeland Security will look for additional sources. 7. The FY 2010, FY 2011 budget is amended as follows: FY 2010 FY 2011 GRANT YEAR 2007 (UASI) Fund 29340 Grant #0000000399 Expense: 1060601-115127-731626 Rent $14,400 1060601-115127-750154 Exp. Equip. (14,400) $ -0- GRANT YEAR 2008 (UASI) Fund 29340 Grant #0000000453 Expense: 1060601-115127-731626 Rent $43,200 $57,600 1060601-115127-750154 Exp. Equip. (43,200) (57,600) $ -0- $ -0- FINANCE COMMITTEE Moved by Scott supported by Runestad the resolution (with fiscal note attached) be adopted. Commissioners Minutes Continued. January 20, 2010 38 AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson. (24) NAYS: Potts. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. MISCELLANEOUS RESOLUTION #10013 BY: Planning and Building Committee, John Scott, Chairperson IN RE: PARKS AND RECREATION COMMISSION – DEPARTMENT OF FACILITIES MANAGEMENT – APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 186- ACRES FOR EXPANSION OF INDEPENDENCE OAKS COUNTY PARK To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #08009 dated January 17, 2008 the County of Oakland entered into a Michigan Department of Natural Resources Trust Fund Land Acquisition Project Agreement to receive a grant to reimburse Oakland County forty-two percent of the acquisition cost of property known as the Upper Bushman Lake property for expansion of Independence Oaks County Park; and WHEREAS pursuant to the authorization of the Oakland County Planning and Building Committee the Oakland County Parks and Recreation Commission and the Department of Facilities Management with the assistance of Oakland County Corporation Counsel have negotiated the terms and conditions of the attached Purchase Agreement with Craig Arnold and Maria Arnold, husband and wife, for the purchase of approximately 186-acres of land in Independence Township known as parcel numbers 08-03-201-006 and 08-03-201-007; and WHEREAS said Purchase Agreement was recommended for approval by the Oakland County Parks and Recreation Commission on December 2, 2009; and WHEREAS the Oakland County Parks and Recreation Commission has budgeted sufficient funds from its land acquisition fund to complete the purchase of said property; and WHEREAS pursuant to the terms and conditions of said Purchase Agreement and in accordance with Michigan Natural Resources Trust Fund Agreement No. TF06-199 the County of Oakland shall pay Craig Arnold and Maria Arnold the sum of $2,836,000 via a cash sale for the purchase of said property subject to the County performing its required due diligence investigation of the subject property; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland, as purchaser, and Craig Arnold and Maria Arnold, sellers, for a cash sale purchase. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents between the County of Oakland and Craig Arnold and Maria Arnold, which may be required to complete the purchase of said property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Copy of Purchase Agreement, Exhibit A Legal Descriptions of Upper Bushman Lake Parcels, Exhibit B Description of the Residential Dwellings, Structures and Personal Property, Exhibit C Legal Descriptions of Upper Bushman Lake Parcels on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioners Minutes Continued. January 20, 2010 39 MISCELLANEOUS RESOLUTION #10014 BY: Planning and Building Committee, John Scott, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION MILLAGE, 2012 - 2021 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the one-quarter voted millage for the Oakland County Parks and Recreation areas in Oakland County will expire December 31, 2011; and WHEREAS the mission of the Oakland County Parks and Recreation Commission is to “deliver quality parks, recreation, facilities, programs, services and maintenance through a dedicated professional Park Commission and staff that listen to the needs of citizens, create innovative parks, recreation facilities and programs and increase the quality of life for the residents of Oakland County”; and WHEREAS in a 2008 county-wide survey, the citizens were very supportive of the actions of the Oakland County Parks and Recreation Commission, including: the repair of older park buildings, shelters, and playgrounds, the purchase of land to preserve open space and protect the environment, and purchase of land to develop walking and biking trails; and WHEREAS in the same county-wide survey, the majority of respondents indicated they would vote in favor of renewing the dedicated millage; and WHEREAS continued millage funding will be necessary in order to meet the mission of the Oakland County Parks and Recreation Commission and the needs and requests of the citizens of Oakland County; and WHEREAS Oakland County Corporation Counsel has reviewed and approved the proposed ballot language. NOW THEREFORE BE IT RESOLVED the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approve the following ballot question be placed on the ballot at the August 3, 2010 Primary Election for the continuation of the millage at the current rate of 0.2415 mills for an additional ten (10) years for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County: “The Oakland County Parks and Recreation Commission was created in 1966 pursuant to Public Act 261 of 1965. Since 1967, there has been a separately dedicated parks and recreation millage. The current millage will expire on December 31, 2011. Accordingly, shall the current millage of .2415 mills, for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County, Michigan, be renewed for a period of ten (10) years from 2012 to 2021? The .2415 mills is equal to $0.2415 per $1,000.00 of taxable value. The millage, if renewed, will generate approximately $10,900,000 in 2012. Revenue from this millage will be disbursed only to the County of Oakland to be used solely for the purpose of funding the Oakland County Parks and Recreation Commission. This renewal is a continuation of the previous increase of the constitutional tax limitation on the total amount of general ad valorem taxes which may be imposed each year for all purposes upon taxable property in Oakland County, Michigan as set forth in Section 6, Article 9 of the Michigan Constitution.” Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE The Chairperson referred the resolution to the Finance Committee. There were no objections. MISCELLANEOUS RESOLUTION #10015 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PUBLIC SERVICES/MEDICAL EXAMINER - CONTRACT TO PROVIDE TOXICOLOGY SERVICES TO BAY COUNTY AND TUSCOLA COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan County of Bay and Tuscola have requested that the County of Oakland provide toxicology services of the Oakland County Medical Examiner; and Commissioners Minutes Continued. January 20, 2010 40 WHEREAS Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the aforementioned Counties may enter into this agreement for the purposes of providing toxicology services only of the Oakland County Medical Examiner’s Office; and WHEREAS the contracts provides that mutual agreement and amendment shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and Bay and Tuscola County Board of Commissioners; and WHEREAS the Bay and Tuscola County Board of Commissioners have approved the request for toxicology services; and WHEREAS through their purchasing policies, the aforementioned county has agreed to enter into contract to use toxicology services of the Oakland County Medical Examiner; and WHEREAS Corporation Counsel has reviewed and approves the contract language which include to Scope of Services, Fee Schedule, Compensation to Oakland County for services performed and guaranteed compliance by the Oakland County Medical Examiner with all applicable Federal, State and local laws, ordinances, rules and regulation; and WHEREAS the Oakland County Medical Examiner and Corporation Counsel has reviewed and/or prepared all necessary documents related to the attached contracts between the counties of Bay and Tuscola and the County of Oakland; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Interlocal agreement between the County of Bay and Tuscola and the County of Oakland. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Copy of 2009 Interlocal Agreement for Medical Examiner (Toxicology Only) Services Between Oakland County and Bay County and 2009 Interlocal Agreement for Medical Examiner (Toxicology Only) Services Between Oakland County and Tuscola County on file in County Clerk’s office. The Chairperson referred the resolution to the Finance Committee. There were no objections. Commissioner Dave Coulter withdrew his motion to discharge MR #09129 – Board of Commissioners – Authorizing Inter-Governmental Transfer to Expand Access to Health Care for Oakland County Residents, and Contracting Administration of County’s Indigent Hospitalization Program with Oakland Health Plan, Inc. from the General Government and Finance Committees, and gave notice that he plans to discharge the resolution at the next regular Board Meeting on February 2, 2010. MISCELLANEOUS RESOLUTION #10016 BY: Shelley G. Taub and Eric Coleman IN RE: BOARD OF COMMISSIONERS – RECOGNITION OF THE NATIONAL ASSOCIATION OF COUNTIES’ (NACO) 75TH ANNIVERSARY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the National Organization of Counties (NACo) was established in 1935, when it was first called the National County Officers Association; and WHEREAS the National Association of Counties (NACo) was formed to stimulate the continuing improvement of county government; to speak nationally for county government; to contribute to the knowledge and awareness of the heritage and future of county government; to serve as a liaison between the nation's counties and other levels of government; and to achieve public understanding of the role of counties in the federal system; and WHEREAS NACo provides essential services to the nation’s 3,066 counties across the United States. This represents 3/4 of all counties and over 85% of the nation's population; and WHEREAS NACo provides a mechanism for counties to exchange information and advice and improve services rendered to the public by county government; and WHEREAS NACo advances issues with a unified voice before the federal government, improves the public's understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money; and Commissioners Minutes Continued. January 20, 2010 41 WHEREAS counties save tax dollars and staff time with NACo through cooperative purchasing programs, research information, technical assistance, and careful review of legislation and regulations; and WHEREAS NACo offers a free program that allows Oakland County to provide its residents with a free Prescription Drug Discount Card Program that assists residents with prescription costs. Since this national program began in 2004, it has provided an average savings of more than 23 percent per prescription, and nearly 1,100 participating counties have saved their residents more than $170 million; and WHEREAS NACo, as “The Voice of America’s Counties”, works alongside its members to vigorously lobby the Administration and Congress on all issues affecting counties and their residents; and WHEREAS in 2010, the National Association of Counties is engaging in a year-long celebration of its 75th Anniversary. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby extends its congratulations to the board, members, staff, and affiliates of the National Association of Counties on the occasion of its 75th Anniversary. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners commends the National Association of Counties as a highly respected partner and leader in supporting and strengthening our nation’s counties. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the National Association of Counties and the Michigan Association of Counties. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, ERIC COLEMAN, SUE ANN DOUGLAS, MATTIE HATCHETT, CHRISTINE LONG, STEVEN SCHWARTZ, BRADFORD JACOBSEN, HELAINE ZACK, JEFF POTTER, DAVID WOODWARD, JIM RUNESTAD, JIM NASH, DAVID POTTS, DAVID COULTER, BILL BULLARD, GARY McGILLIVRAY, KIM CAPELLO, TIM GREIMEL, MARCIA GERSHENSON, TIM BURNS, JANET JACKSON, MICHAEL GINGELL The Chairperson referred the resolution to the General Government Committee. There were no objections. MISCELLANEOUS RESOLUTION #10017 BY: Shelley G. Taub and Jim Nash IN RE: BOARD OF COMMISSIONERS – DESIGNATING APRIL 1, 2010 AS CENSUS DAY IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen WHEREAS in March, census forms will be mailed to residences in Oakland County; and WHEREAS an accurate census count is vital to Oakland County and its residents’ well-being by helping planners determine where to locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; and WHEREAS more than $300 billion per year in federal and state funding is allocated to states and communities based on census data; and WHEREAS for every 100 people not counted, Oakland County’s communities risk losing an estimated $1.2 million over the next decade for federally funded programs alone; including such programs as Medicaid, public housing assistance, community development block grants, mental health, senior care and Title I funding; and WHEREAS census data ensures fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; and WHEREAS the 2010 Census creates jobs that stimulate economic growth and increase employment opportunities in our community; and Commissioners Minutes Continued. January 20, 2010 42 WHEREAS the 2010 Census has ten (10) questions, which will only take ten minutes to complete and mail back; and WHEREAS for those households that complete and mail in the forms before the deadline, no further action is required. Census workers, however, are required to visit each household that has not provided the required census information by mailing in the forms; and WHEREAS the information collected by the census is protected by law and remains confidential for 72 years; and WHEREAS as a 2010 Census partner, Oakland County will support the goals and ideals for the 2010 Census and will disseminate 2010 Census information to encourage community participation: encourage people in Oakland County to place an emphasis on the 2010 Census and to participate in events that will raise overall awareness of the 2010 Census to ensure a full and accurate count; support census workers as they help our community complete an accurate count. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby designates April 1, 2010 as Census Day in Oakland and joins the rest of the nation as a 2010 Census Partner. Chairperson, we move the adoption of the foregoing resolution. SHELLEY TAUB, JIM NASH, TIM GREIMEL, BILL BULLARD, SUE ANN DOUGLAS, KIM CAPELLO, CHRISTINE LONG, DAVID COULTER, THOMAS MIDDLETON, GARY McGILLIVRAY, BRADFORD JACOBSEN, TIM BURNS, JOHN SCOTT, JANET JACKSON, JEFF POTTER, ERIC COLEMAN, JIM RUNESTAD, MATTIE HATCHETT, DAVID POTTS, STEVEN SCHWARTZ, HELAINE ZACK, DAVID WOODWARD, MARCIA GERSHENSON, MICHAEL GINGELL The Chairperson referred the resolution to the General Government Committee. There were no objections. The Board adjourned at 8:00 p.m. to the call of the Chair or February 2, 2010, at 7:00 p.m. RUTH JOHNSON BILL BULLARD, JR. Clerk Chairperson Commissioners Minutes Continued. January 20, 2010 43 Commissioners Minutes Continued. January 20, 2010 44 Commissioners Minutes Continued. January 20, 2010 45 Commissioners Minutes Continued. January 20, 2010 46 Commissioners Minutes Continued. January 20, 2010 47 Commissioners Minutes Continued. January 20, 2010 48 Commissioners Minutes Continued. January 20, 2010 49 Commissioners Minutes Continued. January 20, 2010 50 Commissioners Minutes Continued. January 20, 2010 51 Commissioners Minutes Continued. January 20, 2010 52 Commissioners Minutes Continued. January 20, 2010 53 Commissioners Minutes Continued. January 20, 2010 54 Commissioners Minutes Continued. January 20, 2010 55 Commissioners Minutes Continued. January 20, 2010 56 Commissioners Minutes Continued. January 20, 2010 57 DCH-0665 FY2010 1/09 (W) Page 1 of 16 Contract Manager and Location/Building: Mark Steinberg Lewis Cass Bldg, 5th fl. Contract #:2010- Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the “Department” and Oakland County Health Division/Office of Substance Abuse Services 1200 N. Telegraph Pontiac, MI 48341 Federal I.D.#:38-6004876 hereinafter referred to as the “Contractor” for Substance Use Disorder Services Part I 1. Period of Agreement: This agreement shall commence on October 1, 2009 and continue through September 30, 2010. This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total agreement amount is $4,634,746.00 and the Department’s agreement amount is 1,253661.20, as shown in the attached budget (Attachment B). The federal funding provided by the Department is $3,381,084.80, as follows: Federal Program Title Catalog of Federal Domestic Assistance (CFDA) Title CFDA # Federal Agency Name Federal Grant Award Number Award Phase Amount SAPT Block Grant Block Grant for Prevention and Treatment of Substance Abuse 93.959 Department of Health and Human Services/SAMHSA 10 B1 MI SAPT 2010 $3,381,084.80 Infrastructure Program for Substance Abuse Prevention Strategic Prevention Framework State Incentive Grants 93.243 Department of Health and Human Services/SAMHSA 5 U79 SP11196-01 2010 $0 Community Mental Health Services Block Grant Block Grants for Community Mental Health Services 93.958 Department of Health and Human Services/SAMHSA 10B1MICMH S 2010 $0 Total FY 2010 Federal Funding $3,381,084.80 Commissioners Minutes Continued. January 20, 2010 58 DCH-0665 FY2010 1/09 (W) Page 2 of 16 The grant agreement is designated as a: Subrecipient relationship; or Vendor relationship. The grant agreement is designated as: Research and development project; or Not a research and development project. B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department’s proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to provide for the administration and coordination of substance abuse services within the designated coordinating agency region, consisting of Oakland County (ies). 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment A, which is part of this agreement through reference. 5. Financial Requirements: The financial requirements shall be followed as described in Part II of this agreement and Attachments B and D which are part of this agreement through reference. The agency’s fiscal year allocation letter is incorporated by reference into this agreement. 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment C, which is part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II, which is part of this agreement through reference. The Contractor also agrees to comply with the requirements described in Attachment E: Other Requirements, which is part of this agreement through reference. The Parties agree that the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 09/10 AGREEMENT ADDENDUM A (pages 17 through 19, herein) is incorporated and made part of this Agreement. Item 2.B is not applicable. Item 2.C is not applicable. Commissioners Minutes Continued. January 20, 2010 59 DCH-0665 FY2010 1/09 (W) Page 3 of 16 8. Administration of the Agreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Mark Steinberg, Administrator Division of Grants and Contract Management, ODCP Lewis Cass Building, 5th floor, Lansing, MI (517) 335-0180 SteinbergM@michigan.gov Name, Location/Building Title Telephone No. Email Address 9. Contractor’s Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement is: Name Title E-Mail Address Telephone No. 10. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. D. The Contractor is required by PA 533 of 2004 to receive payments by electronic funds transfer. 11. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 12. Signature Section: For the CONTRACTOR Name (Please print) Title Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Mary Jane Russell, Interim Deputy Director, Operations Administration Date Commissioners Minutes Continued. January 20, 2010 60 DCH-0665 FY2010 1/09 (W) Page 4 of 16 Part II General Provisions I. Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of the Department’s name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. B. Fees Make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as outlined by the Department’s fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. Commissioners Minutes Continued. January 20, 2010 61 DCH-0665 FY2010 1/09 (W) Page 5 of 16 F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Audits This section only applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. 1. Required Audit or Notification Letter Contractors must submit to the Department either a Single Audit, Financial Statement Audit, or Audit Status Notification Letter as described below. If submitting a Single Audit or Financial Statement Audit, Contractors must also submit a Corrective Action Plan for any audit findings that impact MDCH-funded programs, and management letter (if issued) with a response. a. Single Audit Contractors that expend $500,000 or more in federal awards during the Contractor’s fiscal year must submit to the Department a Single Audit prepared consistent with the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” as revised. The Contractor must comply with all requirements in the MDCH Substance Abuse Prevention and Treatment Audit Guidelines, current edition, as issued by the MDCH Office of Audit. b. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive $500,000 or more in total funding from the Department in State and Federal grant funding must submit to the Department a Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements that receive less than $500,000 of total Department grant funding must submit to the Department a Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact MDCH- funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. c. Audit Status Notification Letter Contractors exempt from both the Single Audit and Financial Statement Audit requirements (a. and b. above) must submit an Audit Status Notification Letter that certifies these exemptions. Commissioners Minutes Continued. January 20, 2010 62 DCH-0665 FY2010 1/09 (W) Page 6 of 16 The template Audit Status Notification Letter and further instructions are available at http://www.michigan.gov/mdch by selecting Inside Community Health – MDCH Audit. 2. Due Date and Where to Send The required audit and any other required submissions (i.e. Corrective Action Plan and management letter with a response), or audit Status Notification Letter must be submitted to the Department within nine months after the end of the Contractor’s fiscal year to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479* Lansing, Michigan 48910-7979 *For Express Delivery: Capital Commons Center 400 S. Pine Street Lansing, Michigan 48933 Alternatives to paper filing may be viewed at http://www.michigan.gov/mdch by selecting Inside Community Health – MDCH Audit. 3. Penalty a. Delinquent Single Audit or Financial Statement Audit If the Contractor does not submit the required Single Audit reporting package, management letter (if issued) with a response, and Corrective Action Plan; or the Financial Statement Audit and management letter (if issued) with a response within nine months after the end of the Contractor’s fiscal year and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year’s grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Contractor is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Contractor is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. b. Delinquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter, when required, may result in withholding from the current funding an amount equal to one percent of the audit year’s grant funding until the Audit Status Notification Letter is received. Commissioners Minutes Continued. January 20, 2010 63 DCH-0665 FY2010 1/09 (W) Page 7 of 16 4. Other Audits The Department or federal agencies may also conduct or arrange for “agreed upon procedures” or additional audits to meet their needs. H. Subrecipient/Vendor Monitoring The Contractor must ensure that each of its subrecipients comply with the Single Audit Act requirements. The Contractor must issue management decisions on audit findings of their subrecipients as required by OMB Circular A- 133. The Contractor must also develop a subrecipient monitoring plan that addresses “during the award monitoring” of subrecipients to provide reasonable assurance that the subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. The subrecipient monitoring plan should include a risk-based assessment to determine the level of oversight, and monitoring activities such as reviewing financial and performance reports, performing site visits, and maintaining regular contact with subrecipients. The Contractor must establish requirements to ensure compliance for for–profit subrecipients as required by OMB Circular A-133, Section .210(e) The Contractor must ensure that transactions with vendors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with OMB Circular A-133, Section .210(f). I. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures. J. Software Compliance The Contractor must ensure software compliance and compatibility with the Department’s data systems for services provided under this agreement including, but not limited to: stored data, databases, and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Contractor’s business operations for processing date/time data. K. Human Subjects The Contractor will comply with Protection of Human Subjects Act, 45 CFR, Part 46. The Contractor agrees that prior to the initiation of the research, the Contractor will submit institutional Review Board (IRB) application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the State of Michigan, to the Department’s IRB for review and approval, or the IRB application and approval materials for acceptance of the review of another IRB. All such research must be approved by a federally assured IRB, but the Department’s IRB can only accept the review and approval of another institution’s IRB under a formally-approved interdepartmental agreement. The Commissioners Minutes Continued. January 20, 2010 64 DCH-0665 FY2010 1/09 (W) Page 8 of 16 manner of the review will be agreed upon between the Department’s IRB Chairperson and the Contractor’s IRB Chairperson or Executive Officer(s). II. Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and provide to the Contractor any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to their required usage in order to afford the Contractor an opportunity to review and offer comment. III. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. For purposes of this Agreement, OMB Circular A-87 is applicable to Contractors that are local government entities, and OMB Circular A-122 is applicable to Contractors that are non-profit entities. B. Anti-Lobbying Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies section of the FY 1997 Omnibus Consolidated Appropriations Act (Public Law 104-209). Further, the Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual’s ability to perform the duties of the particular Commissioners Minutes Continued. January 20, 2010 65 DCH-0665 FY2010 1/09 (W) Page 9 of 16 job or position or to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non- discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. The Contractor will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d. the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e. the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records h. any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, i. the requirements of any other nondiscrimination statute(s) which may apply to the application. 3. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by persons with disabilities in subcontracting; and (2) making discrimination a material breach of contract. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: Commissioners Minutes Continued. January 20, 2010 66 DCH-0665 FY2010 1/09 (W) Page 10 of 16 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6091 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children’s services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children’s services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children’s services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1509 Commissioners Minutes Continued. January 20, 2010 67 DCH-0665 FY2010 1/09 (W) Page 11 of 16 and 7324-7328, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728 - 4763. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. G. Subcontracts Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor’s accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. H. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 as revised, implemented through applicable portions of the associated “Common Rule” as promulgated by responsible federal contractor(s), or 2 CFR, Part 215 (OMB Circular A-110) as amended, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. I. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Agency provides to the Department under this agreement, the Agency assures that it is in Commissioners Minutes Continued. January 20, 2010 68 DCH-0665 FY2010 1/09 (W) Page 12 of 16 compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Agency must not share any protected health data and information provided by the Department that falls within HIPAA requirements except as permitted or required by applicable law; or to a subcontractor as appropriate under this agreement. 2. The Agency will ensure that any subcontractor will have the same obligations as the Agency not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Agency must only use the protected health data and information for the purposes of this agreement. 4. The Agency must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Agency’s employees. 5. The Agency must have a policy and procedure to immediately report to the Department any suspected or confirmed unauthorized use or disclosure of protected health data and information that falls under the HIPAA requirements of which the Agency becomes aware. The Agency will work with the Department to mitigate the breach, and will provide assurances to the Department of corrective actions to prevent further unauthorized uses or disclosures. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Attachment A, Section III. Agreement Termination. 7. In accordance with HIPAA requirements, the Agency is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information by the Agency received from the Department or any other source. 8. The agency will enter into a business associate agreement should the Department determine such an agreement is required under HIPAA. IV. Financial Requirements A. Operating Advance The Department will not issue an operating advance under this agreement. B. Reimbursement Method The Department will make prepayments equal to the Contractor’s prepayment schedule that has been approved by the Department and the Contractor. The prepayments will be monthly, paid up to the total Department allocation as agreed to in the approved budget. Prepayments may be adjusted quarterly based upon expenditure reports. C. Revenues and Expenditures Report Submission—Initial and Final Commissioners Minutes Continued. January 20, 2010 69 DCH-0665 FY2010 1/09 (W) Page 13 of 16 Revenues and Expenditures Reports (RERs) shall be prepared as indicated in Attachment B, and submitted via the Electronic Grants Administration and Management System (EGrAMS). RERs shall be submitted twice per agreement year. One will be submitted with the agency’s initial fiscal year EGrAMS application and one will be submitted as the final RER for the fiscal year. The initial RER will be an Attachment report in EGrAMS. The final RER will also be an Attachment report and due January 31 following the end of the fiscal year. The final RER must reflect total actual program expenditures, regardless of the source of funds. To access EGrAMS, log in at: https://egrams-mi.com/dch/user/home.aspx Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. D. Financial Status Report Submission-Quarterly Financial Status Reports (FSRs) shall be ‘Expenditure’ reports. FSRs will be prepared as indicated in Attachment D and submitted via EGrAMS. The first, second, and third quarter FSRs must be submitted on a quarterly basis, no later than the last day of the month following the end of each fiscal quarter. FSRs must reflect total actual program expenditures. Expenditures are reported only for State Agreement funds E. Reimbursement Mechanism All contractors must sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits, as mandated by PA 533 of 2004. Vendor registration information is available through the Department of Management and Budget’s web site:  http://michigan.gov/cpexpress F. Final Obligations and Financial Status Report Requirements 1. Preliminary Close-out Report/Obligation Report A Preliminary Close-out Report/Obligation Report, based on annual guidelines, must be submitted via EGrAMS and by the due date provided by the Department’s Accounting Division. The Contractor must provide an estimate of total expenditures for the entire agreement period. The information on the report will be used to record the Department’s year- end accounts payables and receivables for this agreement. 2. Final RER The final RER is due as stated in Attachment C to this agreement and must be submitted via EGrAMS as an Attachment Report. The final RER must be clearly marked “Final”. Final RERs not received by the due date may result in the loss of funding requested on the Preliminary Close-out Report/Obligation Report and may result in the potential reduction in the subsequent year’s agreement amount. Commissioners Minutes Continued. January 20, 2010 70 DCH-0665 FY2010 1/09 (W) Page 14 of 16 3. 4th Quarter FSR The 4th quarter FSR will be the final FSR for the agreement period and must be submitted via EGrAMS no later than 60 days following the end of the fiscal year. G. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part in Part I, Section 2.C. of the agreement, must be submitted in writing to the Department for approval immediately upon determining the need for such change. IX. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried Commissioners Minutes Continued. January 20, 2010 71 DCH-0665 FY2010 1/09 (W) Page 15 of 16 out by the Contractor in the performance of this agreement shall be the responsibility of the Contractor, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. XI. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise permitted or required by applicable state or federal law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. XIII. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. Commissioners Minutes Continued. January 20, 2010 72 DCH-0665 FY2010 1/09 (W) Page 16 of 16 XIV. Signature Section: FOR THE CONTRACTOR Bill Bullard. Chairperson Oakland County Board of Commissioners Signature Date FOR THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Mary Jane Russell, Interim Deputy Director Operations Administration Signature Date Commissioners Minutes Continued. January 20, 2010 73 Version: Substance Abuse Services Oakland Special Addendum FY2010 Initial.doc Page 1 of 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 09/10 AGREEMENT ADDENDUM A 1. This addendum adds the following section to Part I and Renumbers existing 11 Special Certification to 12 and existing 12 Signature Section to 13: Part I 11. Agreement Exceptions and Limitations Notwithstanding any other term or condition in this Agreement including, but not limited to, any provisions related to any services as described in the Annual Action Plan, any Contractor (Oakland County) services provided pursuant to this Agreement, or any limitations upon any Department funding obligations herein, the Parties specifically intend and agree that the Contractor may discontinue, without any penalty or liability whatsoever, any Contractor services or performance obligations under this Agreement when and if it becomes apparent that State or Department funds for any such services will be no longer available. Notwithstanding any other term or condition in this Agreement, the Parties specifically understand and agree that no provision in this Agreement shall operate as a waiver, bar or limitation of any kind, on any legal claim or right the Contractor may have at any time under any Michigan constitutional provision or other legal basis (e.g., any Headlee Amendment limitations) to challenge any State or Department program funding obligations; and, the parties further agree that no term or condition in this Agreement is intended and no such provision shall be argued to state or imply that the Contractor voluntarily assumed or undertook to provide any services as described in the Annual Action Plan, and thereby, waived any rights the Contractor may have had under any legal theory, in law or equity, without regard to whether or not the Contractor continued to perform any services herein after any State or Department funding ends. Commissioners Minutes Continued. January 20, 2010 74 Version: Substance Abuse Services Oakland Special Addendum FY2010 Initial.doc Page 2 of 3 2. This addendum modifies the following sections of Part II, General Provisions: Part II I. Responsibilities-Contractor J. Software Compliance. This section will be deleted in its entirety and replaced with the following language: The Michigan Department of Community Health and the County of Oakland will work together to identify and overcome potential data incompatibility problems. III. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replace with the following language: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. I. Health Insurance Portability and Accountability Act. The provisions in this section shall be deleted in their entirety and replaced with the following language: Contractor agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated there under. IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided for in this Contract, all liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Contractor under this Contract shall be the responsibility of the Contractor and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of the actions or failure to act on the part of the Contractor, its employees, officers or agents. Commissioners Minutes Continued. January 20, 2010 75 Version: Substance Abuse Services Oakland Special Addendum FY2010 Initial.doc Page 3 of 3 Nothing therein shall be construed as a waiver of any governmental immunity for the Contractor, its agencies, employees, or Oakland County, as provided by statute or modified by court decisions. 3. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 4. Signature Section: For the COUNTY OF OAKLAND Name and Title Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Mary Jane Russell, Interim Deputy Director Date Operations Administration Commissioners Minutes Continued. January 20, 2010 76 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 1 of 36 STATEMENT OF WORK Please note: Items in this Statement of Work have been placed into one of three categories: General; Administrative and Financial; and Services. This categorization is for convenience of reference only. It is not intended, and should not be interpreted, as limiting the applicability or scope of any item or items. General 1. General Statement of Work The general responsibilities of the coordinating agency (CA) under this Agreement, based on P.A. 368 of 1978, as amended, are to: a. Develop comprehensive plans for substance abuse treatment and rehabilitation services and prevention services consistent with guidelines established by the Department. b. Review and comment to the Department on applications for licenses submitted by local treatment, rehabilitation, and prevention organizations. c. Provide technical assistance for local substance abuse service organizations. d. Collect and transfer data and financial information from local organizations to the Department. e. Submit an annual budget request to the Department for use of state administered funds for its city, county, or region for substance abuse treatments and rehabilitation services and prevention services in accordance with guidelines established by the Department. f. Make contracts necessary and incidental to the performance of the Agency functions. The contracts may be made with public or private agencies, organizations, associations, and individuals to provide for substance abuse treatment and rehabilitation services and prevention services. g. Annually evaluate and assess substance abuse services in the city, county, or region in accordance with guidelines established by the Department and federal goals. 2. Action Plan The CA will carry out its responsibilities under this Agreement consistent with the CA’s most recent Action Plan as approved by the Department. 3. Substance Abuse Prevention and Treatment (SAPT) Block Grant Requirements and Applicability to State Funds Federal requirements deriving from Public Law 102-321, as amended by Public Law 106-310, and federal regulations in 45 CFR Part 96 are pass-through Commissioners Minutes Continued. January 20, 2010 77 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 2 of 36 requirements. Federal Substance Abuse Prevention and Treatment (SAPT) Block Grant requirements that are applicable to states are passed on to CAs unless otherwise specified. 42 CFR Parts 54 and 54a, and 45 CFR Parts 96, 260, and 1050, pertaining to the final rules for the Charitable Choice Provisions and Regulations, are applicable to CAs as stated elsewhere in this Agreement. Sections from PL 102-321, as amended, that apply to CAs and contractors include but are not limited to: 1921(b); 1922 (a)(1)(2); 1922(b)(1)(2); 1923; 1923(a)(1) and (2), and 1923(b); 1924(a)(1)(A) and (B); 1924(c)(2)(A) and (B); 1927(a)(1) and (2), and 1927(b)(1); 1927(b)(2); 1928(b) and (c); 1929; 1931(a)(1)(A), (B), (C), (D), (E) and (F); 1932(b)(1); 1941; 1942(a); 1943(b); 1947(a)(1) and (2). Selected specific requirements applicable to CAs are as follows: a. Block Grant funds shall not be used to pay for inpatient hospital services except under condition specified in federal law. b. Funds shall not be used to make cash payments to intended recipients of services. c. Funds shall not be used to purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or any other facility, or purchase major medical equipment. d. Funds shall not be used to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funding. 1. Funds shall not be used to provide individuals with hypodermic needles or syringes so that such individuals may use illegal drugs. e. Funds shall not be used to enforce state laws regarding the sale of tobacco products to individuals under the age of 18. f. Funds shall not be used to pay the salary of an individual at a rate in excess of Level I of the Federal Executive Schedule, or approximately $186,600. SAPT Block Grant requirements also apply to the Michigan Department of Community Health (MDCH) administered state funds, unless a written exception is obtained from MDCH. 4. Licensure of Subcontractors The CA shall enter into agreements for prevention, treatment, and recovery services only with providers appropriately licensed for the service provided as required by Section 6231 of P.A. 368 of 1978, as amended. The CA must ensure that network providers residing and providing services in bordering states meet all applicable licensing and certification requirements Commissioners Minutes Continued. January 20, 2010 78 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 3 of 36 within their states, that such providers are accredited per the requirements of this Agreement, and that provider staff are credentialed per the requirements of this Agreement. 5. Accreditation of Subcontractors The CA shall enter into agreements for treatment services provided through outpatient, early intervention, Methadone, sub-acute detoxification and residential providers only with providers accredited by one of the following accrediting bodies: Joint Commission on Accreditation of Health Care Organizations (JCAHO); Commission on Accreditation of Rehabilitation Facilities (CARF); the American Osteopathic Association (AOA); Council on Accreditation of Services for Families and Children (COA); or National Committee on Quality Assurance (NCQA). The CA must determine compliance through review of original correspondence from accreditation bodies to providers. Accreditation is not needed in order to provide access management system (AMS) services, whether these services are operated by a CA or through an agreement with a CA or for the provision of broker/generalist case management services. Accreditation is required for AMS providers that also provide treatment services and for case management providers that either also provide treatment services or provide therapeutic case management. Accreditation is not required for peer recovery or recovery support services when these are provided through a prevention license. If the CA plans to purchase case management services or recovery support services, and only these services, from an agency that is not accredited per this agreement, the CA may request a waiver of the accreditation requirement. 6. SAMHSA/DHHS License The federal awarding agency, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services (SAMHSA/DHHS), reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) The copyright in any work developed under a grant, sub-grant, or contract under a grant or sub-grant; and (b) Any rights of copyright to which a grantee, sub-grantee or a contractor purchases ownership with grant support. 7. Cooperation with External Medicaid Evaluation The CA is expected to cooperate with Department efforts in external evaluation of Medicaid services, if the CA administers Medicaid services. The CA is expected to ensure that CA-funded providers will provide necessary data and will facilitate access to individuals’ files and other records as required. Commissioners Minutes Continued. January 20, 2010 79 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 4 of 36 8. Monitoring of Subcontractors The CA is required to assure that subcontractors comply with all applicable requirements contained in this agreement. To this end, the CA must adopt written policy and must implement procedures regarding monitoring of subcontractors. The monitoring policy and procedures must be consistent with requirements in this agreement, with the current MDCH substance use disorder audit guidelines, and with applicable federal Office of Management and Budget (OMB) circulars. The CA must prepare a report of monitoring findings, and must make this report available to the public at least once every two years. Part II of the agreement, section I.H on Sub-recipient/Vendor Monitoring, requires that contractors conduct monitoring and risk-based assessments of sub- recipients during the period of the agreement. The CA must conduct monitoring and risk-based assessments of all subcontractors, during the period of the agreement, including subcontractors that are vendors. Administrative and Financial 1. Match Rules Pursuant to Section 6213 of Public Act No. 368 of 1978, as amended, Michigan has promulgated match requirement rules. Rules 325.4151 through 325.4153 appear in the 1981 Annual Administrative Code Supplement. In brief, the rule defines allowable matching fund sources and states that the allowable match must equal at least ten percent of each comprehensive CA budget (see Attachment B to the Agreement) - less direct federal and other state funds. Per PA 368, Administrative Rules, and contract, direct state/federal funds are funds that come to the CA directly from a federal agency or another state source. Funds that flow to the CA from the Department are not in this category, such as, SPF/SIG, SDA and Communicable Diseases funding, and, therefore, are subject to the local match requirement. Match requirements apply both to budgeted funds during the agreement period and to actual expenditures at year-end. “Fees and collections” as defined in the Rule include only those fees and collections that are associated with services paid for by the CA. If the CA is found not to be in compliance with Match requirements, or cannot provide reasonable evidence of compliance, the Department may withhold payment or recover payment in an amount equal to the amount of the Match shortfall. Commissioners Minutes Continued. January 20, 2010 80 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 5 of 36 2. Reporting Fees and Collections Revenues On the initial Revenues and Expenditures Report (RER), the CA is required to report all estimated fees and collections revenue to be received by the CA and all estimated fees and collections revenue to be received and reported by its contracted services providers (see Attachment B to this Agreement). On the final RER, the CA is required to report all actual fees and collections revenue received by the CA and all actual fees and collections revenue received and reported by its contracted services providers (see Attachment B to this Agreement). “Fees and collections” are as defined in the Annual Administrative Code Supplement, Rule 325.4151 and in the Match Rule section of this Attachment. 3. Management of Department-Administered Funds The CA shall manage all Department-administered funds under its control in such a way as to assure reasonable balance among the separate requirements for each funds source. 4. Sliding Fee Scale The CA shall implement a sliding fee scale. All treatment providers shall utilize the scale. The CA must adopt written policies and implement procedures for determining when an individual has no ability to pay for services and for determining when payment liability is to be waived. Financial information needed to determine ability to pay (financial responsibility) must be reviewed annually or at a change in an individual’s financial status, whichever occurs sooner. The CA sliding fee scale must be applied to all persons (except Medicaid, MIChild, and ABW recipients) seeking substance use disorders services funded in whole or in part by the CA. The CA has the option to charge fees for AMS services, or not to charge. If the CA charges for AMS services, the same sliding fee scale as applied to treatment services must be used. The CA must assure that all available sources of payments are identified and applied prior to the use of Department-administered funds. The CA must have written policies and procedures to be used by network providers in determining an individual’s ability to pay, and in identifying all other liable third parties. The CA must also have policies and procedures for monitoring providers and for sanctioning noncompliance. Commissioners Minutes Continued. January 20, 2010 81 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 6 of 36 5. Inability to Pay Services may not be denied because of inability to pay. If a person’s income falls within the CA’s regional sliding fee scale, clinical need must be determined through the standard assessment and patient placement process. If a financially and clinically eligible person has third party insurance, that insurance must be utilized to its full extent. Then, if benefits are exhausted, or if the person needs a service not fully covered by that third party insurance, or if the co-pay or deductible amount is greater than the person’s ability to pay, Community Grant funds may be applied. Community Grant funds may not be denied solely on the basis of a person having third party insurance. 6. Subcontracts with Hospitals Funds made available through the Department shall not be made available to public or private hospitals which refuse, solely on the basis of an individual’s substance use disorder, admission or treatment for emergency medical conditions. 7. Residency in CA Region The CA may not limit access to the programs and services funded by this Agreement only to the residents of the CA’s region, because the funds provided by the Department under this Agreement come from federal and statewide resources. Members of federal and state-identified priority populations must be given access to screening and to assessment and treatment services, consistent with the requirements of this Agreement, regardless of their residency. However, for non-priority populations, the CA may give its residents priority in obtaining services funded under this Agreement when the actual demand for services by residents eligible for services under this Agreement exceeds the capacity of the agencies funded under this Agreement. 8. Out-of- Network and Out-of-Region Services The CA must have written policies and procedures for authorizing and purchasing treatment services from out-of-network and out-of-region providers for residents of the CA region who need care from such providers. 9. Reimbursement Rates for Community Grant, Medicaid and Other Services The CA must pay the same rate when purchasing the same service from the same provider, regardless of whether the services are paid for by Community Grant funds, Medicaid funds, or other Department administered funds, including Adult Benefit Waiver (ABW) and MIChild funds. Commissioners Minutes Continued. January 20, 2010 82 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 7 of 36 10. Reimbursement for Primary Health Care with Communicable Diseases (CD) Funds CD funds shall not be used to purchase primary health care unless the Department approves such use in writing. 11. Minimum Criteria for Reimbursing for Services to Persons with Co- Occurring Disorders Department funds made available to the CA through this Agreement, and which are allowable for treatment services, may be used to reimburse providers for integrated mental health and substance use disorder treatment services to persons with co-occurring substance use and mental health disorders. The CA may reimburse a Community Mental Health Services Program (CMHSP) or Pre-paid Inpatient Health Plan (PIHP) for substance use disorders treatment services for such persons who are receiving mental health treatment services through the CMHSP or PIHP. The CA may also reimburse a provider, other than a CMHSP or PIHP, for substance use disorders treatment provided to persons with co-occurring substance use and mental health disorders. As always, when reimbursing for substance use disorders treatment, the CA must have an agreement with the CMHSP (or other provider); and the CMHSP (or other provider) must meet all minimum qualifications, including licensure, accreditation and data reporting. 12. Media Campaigns A media campaign, very broadly, is a message or series of messages conveyed through mass media channels including print, broadcast, and electronic media. Messages regarding the availability of services in the CA region are not considered to be media campaigns. Media campaigns must be compatible with MDCH values, be coordinated with MDCH campaigns whenever feasible and costs must be proportionate to likely outcomes. The CA shall not finance any media campaign using Department-administered funding without prior written approval by the Department. 13. Notice of Funding Excess or Insufficiency The CA must advise the Department in writing and uploaded to the Electronic Grants Administration and Management System (EGrAMS) by June 1 if the amount of Department funding may not be used in its entirety or appears to be insufficient. Commissioners Minutes Continued. January 20, 2010 83 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 8 of 36 14. Subcontractor Information to be Retained at the CA a. Budgeting Information for Each Service. b. Documentation of How Fixed Unit Rates Were Established: The CA shall maintain documentation regarding how each of the unit rates used in its agreements was established. The process of establishing and adopting rates must be consistent with criteria in OMB Circular A-87 or A- 122, whichever is applicable, and with the requirements of individual fund sources. c. Indirect Cost Documentation: The CA shall review subcontractor indirect cost documentation in accordance with OMB Circular A-87 or A-122, as applicable. d. Equipment Inventories: The CA must apply the following to all subcontractors that have budgeted equipment purchases in their contracts with the CA: Any contractor equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department’s proportionate interest in such equipment supports such retention or transfer of title. e. Fidelity Bonding Documentation: The CA shall maintain fidelity bonding documentation. 15. Reporting Requirements a. General Requirements Requirements concerning specific reports are contained elsewhere in the Agreement, including in Attachment C. The following requirements generally pertain: 1. Each report must be submitted by the specified due date. Reports successfully e-mailed or uploaded to the EGrAMS by the due date are considered timely. 2. Reports must be sent to the addressee and via the submission route (e.g., uploaded, e-mailed, etc.) specified in this Agreement. Commissioners Minutes Continued. January 20, 2010 84 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 9 of 36 Reports that are not sent to the specified addressee are subject to being determined not timely or not received. 3. Reports must be submitted on the form and in the format specified in this Agreement (if form and format are specified). b. Legislative Reports (LRs) and Final Financial Reports If the contractor does not submit the LR, or the final RER (which includes the ABW/MIChild Year-end Balance Worksheet) within fifteen (15) calendar days of the due date, the Department may withhold from the current year funding an amount equal to five (5) percent of that funding (not to exceed $100,000) until the Department receives the required report. The Department may retain the amount withheld if the contractor is more than forty-five (45) calendar days delinquent in meeting the filing requirements. The CA must assure that the financial data in these reports are consistent and reconcile between the reports; otherwise, the reports will be considered as not submitted and will be subject to financial penalty, as mentioned above. c. Data Reporting Timeliness and Completeness Standards MDCH monitors the timeliness of submission for all required reports. Reports that arrive after the established due date are recorded as late. If the submission arrives more than five (5) calendar days past due, a letter will be sent to the CA Director to notify the CA of the lack of compliance with the published due date. Sanctions for noncompliance (depending on the severity and frequency) may include a requirement for a corrective action plan or may include an adjustment in prepayments. For data transactions that are submitted via the Date Exchange Gateway (DEG), including admission, discharge, and encounter batches, the processing system logs the dates and times the batches were transferred and processed. When the system is in production, monthly submissions by the CAs are required. Data submissions are monitored daily by MDCH staff. d. Data Completeness The CA is responsible for submitting 100% of required records. Initial submissions combined with error corrections and resubmissions must result in an accuracy rate of 100%. On the second business day of every calendar month, the Department will send to the CA an error rate or acceptance rate notification based on the Commissioners Minutes Continued. January 20, 2010 85 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 10 of 36 number of errors in its error master file. This notification will serve as an advisory for both MDCH and the CA. On or before April 30, the CA is required to submit a live count (e-mail transaction) from its information system noting the first six-month total counts of admissions, discharges, and encounters (by code). This is required for consultation purposes to identify whether the CA’s submissions to MDCH show shortages compared to its local counts. The Department will notify the CA of its acceptance rate. If the CA’s acceptance rates are less than 98% for admission/discharge data and less than 95% for encounters, the Department will notify the CA that improvement is needed. On or before November 30, the CA is required to submit the full 12-month FY total counts of admissions, discharges, and encounters (by code). This will also be submitted via e-mail. MDCH will calculate and acceptance rate for all three, and generate a report back to the CA. Once the acceptance rates are returned, if the 98% (admissions and discharges) or 95% (encounters) acceptance thresholds are not met, out of compliance CAs will have until December 31 to meet the acceptance threshold. The FY data sets will be finalized the first week of January, and shortages in admissions, discharges, and/or encounters will be reflected in all of MDCH’s reports both to the public and to the legislature. e. National Outcome Measures (NOMS) The emergence of the NOMS increases the importance of the completeness, accuracy and timeliness of all treatment and prevention data that are necessary for the Department to meet federal reporting requirements. Concerning the Treatment NOMS, it is the responsibility of the CA to ensure that the client information reported on these records accurately reflects client status at admission and on the last day of service. f. Substance Use Disorder Prevention Data Set (SUDPDS) CAs are required to collect and report the state-required prevention data elements throughout the prevention provider network either through participation in the SUDPDS or through an upload of the state-required prevention data records to SUDPDS on a monthly basis. CAs must assure that all records submitted to the state system are consistent with the SUDPDS Reference Manual. (See Attachment E.) Commissioners Minutes Continued. January 20, 2010 86 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 11 of 36 It is the responsibility of the CAs to ensure that the services reported to the system accurately reflects staff service provision and participant information for all CA-administered fund sources. It is the responsibility of the CAs to monitor provider completeness, timeliness and accuracy of provider data maintained in the system in a manner which will ensure a minimum of 90 percent accuracy. 16. Critical Incidents and Sentinel Events The CA must require all of its residential treatment providers to prepare and file critical incident reports and sentinel event reports that include the following components: 1. Provider determination whether critical incidents are sentinel events. 2. Following identification as a sentinel event, the provider must ensure that a root cause analysis or investigation takes place. 3. Based on the outcome of the analysis or investigation, the provider must ensure that a plan of action is developed and implemented to prevent further occurrence of the sentinel event. The plan must identify who is responsible for implementing the plan, and how implementation will be monitored. Alternatively, the provider may prepare a rationale for not pursuing a preventive plan. The CA is responsible for oversight of the above processes. Requirements for reporting data on Sentinel Events are contained in Attachment E. These reporting requirements are narrower in scope than the responsibility to identify and follow up on critical incidents and sentinel events. A Critical Incident is any of the following that should be reviewed to determine whether it meets the criteria for a sentinel event below: 1. Death of a recipient. 2. Serious illness requiring admission to hospital. 3. Alleged cause of abuse or neglect. 4. Accident resulting in injury to recipient requiring emergency room visit or hospital admission. 5. Behavioral episode. 6. Arrest and/or conviction. 7. Medication error. A Sentinel Event is an "unexpected occurrence involving death or serious physical or psychological injury”, or the risk thereof. Serious injury specifically Commissioners Minutes Continued. January 20, 2010 87 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 12 of 36 includes loss of limb or function. The phrase, “or risk thereof” includes any process variation for which a recurrence would carry a significant chance of a serious adverse outcome.” (JCAHO, 1998) 17. Claims Management System The CA shall make timely payments to all providers for clean claims. This includes payment at 90% or higher of clean claims from network providers within 60 days of receipt, and 99% or higher of all clean claims within 90 days of receipt. A clean claim is a valid claim completed in the format and time frames specified by the CA and that can be processed without obtaining additional information from the provider. It does not include a claim from a provider who is under investigation for fraud or abuse, or a claim under review for medical necessity. A valid claim is a claim for services that the CA is responsible for under this Agreement. It includes services authorized by the CA. The CA must have a provider appeal process to promptly and fairly resolve provider-billing disputes. 18. Care Management The CA may pay for care management as a service designed to support CA resource allocation as well as service utilization. Care management is in recognition that some clients represent such service or financial risk that closer monitoring of individual cases is warranted. Care management must be purchased and reported consistent with the instructions for the Administrative Expenditures Report in Attachment B to this agreement. 19. Paying for Drug Screens This item does not apply to medication-assisted services. Department administered treatment funds can be used to pay for drug screens, if all of the following criteria are met: 1. No other responsible payment source will pay for the screens. This includes self pay, Medicaid, and private insurance. Documentation must be placed in the client file; 2. The screens are justified by specific medical necessity criteria as having clinical or therapeutic benefit; and 3. Screens performed by professional laboratories can be paid for one time per admission to residential or detoxification services, if specifically Commissioners Minutes Continued. January 20, 2010 88 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 13 of 36 justified. Other than these one-time purchases, Department funds may only be used for in house "dip stick" screens. The code(s) to use when entering the encounter data into CareNet is as follows: H0003 is a lab test (sent out for analysis); or H80100 is for in house screens (dip stick tests). Services 1. General Services a. 12-Month Availability of Services The CA shall assure that, for any subcontracted treatment or prevention service, each subcontractor maintains service availability throughout the fiscal year for persons who do not have the ability to pay. The CA is required to manage its authorizations for services and its expenditures in light of known available resources in such a manner as to avoid the need for imposing arbitrary caps on authorizations or spending. “Arbitrary caps” are those that are not adjusted according to individualized determinations of the needs of clients. This requirement is consistent with Medical Necessity Criterion 1.4.3, which may be found elsewhere in Attachment A. b. Persons Associated with the Corrections System When the CA or its AMS services receives referrals from the Michigan Department of Corrections (MDOC), the CA shall handle such referrals as per all applicable requirements in this agreement. This would include determining financial and clinical eligibility, authorizing care as appropriate, applying admissions preferences, and other steps. MDOC referrals may come from probation or parole agents, or from MDOC Central Office staff. When persons who are on parole or probation seek treatment on a voluntary basis from the CA’s AMS services or from a panel provider, these self-referrals must be handled like any other self-referral to the MDCH-funded network. AMS or provider staff may seek to obtain releases to communicate with a person’s probation or parole agent but in no instance may this be demanded as a condition for admission or continued stay. Commissioners Minutes Continued. January 20, 2010 89 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 14 of 36 The CA may collaborate with MDOC, and with the Office of Community Corrections (OCC) within MDOC, on the purchase of substance use disorders services and supports. This may include collaborative purchasing from the same providers, and for the same clients. In such situations, the CA must assure that: 1. All collaborative purchasing is supported by written agreements among the participants. 2. Rates paid to providers, whether by a single purchaser or two or more purchasers, do not exceed provider costs. 3. Rates paid to providers are documented and are developed consistent with applicable OMB Circular(s). 4. No duplication of payment occurs. c. State Disability Assistance (SDA) MDCH continues to allocate SDA funding and to delegate management of this funding to the CA. The SDA funding is identified in the CA’s allocation letter. The CA is responsible for allocating these funds to qualified providers. Minimum provider qualifications are MDCH licensure as a residential treatment provider and accreditation by one of the five approved accreditation bodies (identified elsewhere in this Agreement). A provider may be located within the CA’s region or outside of the region. SDA funds shall not be used to pay for room and board in conjunction with sub-acute detoxification services. When a client is determined to be eligible for SDA funding, the CA must arrange for assessment and authorization for SDA room and board funding and must reimburse for SDA expenditures based on billings from providers, consistent with CA/provider agreements. In addition, the CA may authorize such services for its own residents at providers within or outside its region. The CA shall not refuse to authorize SDA funds for support of an individual’s treatment solely on the basis of the individual’s current or past involvement with the criminal justice system. Qualified providers may be reimbursed up to twenty-seven ($27) per day for room and board costs for SDA-eligible persons during their stays in Residential treatment. To be eligible for MDCH-administered SDA funding for room and board services in a substance use disorders treatment program, a person must be determined to meet Michigan Department of Human Services’ (MDHS) eligibility criteria; determined by the CA or its designee to be in need of residential treatment services; authorized by the CA for residential Commissioners Minutes Continued. January 20, 2010 90 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 15 of 36 treatment when the CA expects to reimburse the provider for the treatment; at least 18 years of age or an emancipated minor, and in residence in a residential treatment program each day that SDA payments are made. The CA may employ either of two methods for determining whether an individual meets MDHS eligibility criteria: 1. The CA may refer the individual to the local MDHS office. This method must be employed when there is a desire to qualify the individual for an incidental allowance under the SDA program. Or, 2. The CA may make its own determination of eligibility by applying the essential MDHS eligibility criteria. See this DHS link for details: http://www.michigan.gov/dhs/0,1607,7-124-5453_5526---,00.html For present purposes only, these criteria are: • Residency in substance use disorders residential treatment. • Michigan residency and not receiving cash assistance from another state. • U.S. citizenship or have an acceptable alien status. • Asset limit of $3,000 (cash assets only are counted). Regardless of the method used, the CA must retain documentation sufficient to justify determinations of eligibility. The CA must have a written agreement with a provider in order to provide SDA funds. d. Persons Involved With the Michigan Department of Human Services (MDHS) The CA must work with the MDHS office(s) in its region to facilitate access to prevention, assessment and treatment services for persons involved with MDHS, including families in the child welfare system and public assistance recipients. The CA must develop written agreements with MDHS offices that specify payment and eligibility for services, access-to- services priority, information sharing (including confidentiality considerations), and other factors as may be of local importance. Commissioners Minutes Continued. January 20, 2010 91 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 16 of 36 e. Primary Care Coordination The CA must take all appropriate steps to assure that substance use disorders treatment services are coordinated with primary health care. In the case of CAs that are under contract with PIHPs for the Medicaid substance abuse program, CAs are reminded that coordination efforts must be consistent with these contracts. Treatment case files must include, at minimum, the primary care physician’s name and address, a signed waiver release of information for purposes of coordination, or a statement that the client has refused to sign this waiver. Care coordination agreements or joint referral agreements, by themselves, are not sufficient to show that the CA has taken all appropriate steps related to coordination of care. Client case file documentation is also necessary. f. Cultural Competence CA must have a written cultural competency plan implemented in practice at their agency and at all provider agencies. The plan must include: 1. The CA’s identification and assessment of the cultural needs of potential and active clients based on population served. 2. The CA’s identification standards for the recruitment and hiring of culturally competent staff members. 3. The CA’s identification of how ongoing staff training needs in cultural competency will be assessed and met and the evidence that staff members receive training. 4. The CA’s process for ensuring that panel providers comply with all applicable requirements concerning the provision of culturally competent services. 5. The CA’s process for annually assessing its compliance with the CA’s cultural competence plan. g. Charitable Choice The September 30, 2003 Federal Register (45 CFR part 96) contains federal Charitable Choice SAPT block grant regulations, which apply to both prevention and treatment providers/programs. In summary, the Commissioners Minutes Continued. January 20, 2010 92 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 17 of 36 regulations require: 1) that the designation of religious (or faith-based) organizations as such be based on the organization’s self-identification as religious (or faith based), 2) that these organizations are eligible to participate as providers—e.g. a “level playing field” with regard to participating in the CA provider panel, 3) that a program beneficiary receiving services from such an organization who objects to the religious character of a program has a right to notice, referral, and alternative services which meet standards of timeliness, capacity, accessibility and equivalency—and ensuring contact to this alternative provider, and 4) other requirements, including-exclusion of inherently religious activities and non-discrimination. The CA is required to comply with all applicable requirements of the Charitable Choice regulations. The CA must ensure that treatment clients and prevention service recipients are notified of their right to request alternative services. Notice may be provided by the AMS or by providers that are faith-based. The CA must assign responsibility for providing the notice to the AMS, to providers, or both. Notification must be in the form of the model notice contained in the final regulations, or the CA may request written approval from MDCH of an equivalent notice. The CA must also ensure that its AMS administer the processing of requests for alternative services. The model notice contained in the federal regulations is: No provider of substance abuse services receiving Federal funds from the U.S. Substance Abuse and Mental Health Services Administration, including this organization, may discriminate against you on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to actively participate in a religious practice. If you object to the religious character of this organization, Federal law gives you the right to a referral to another provider of substance abuse services. The referral, and your receipt of alternative services, must occur within a reasonable period of time after you request them. The alternative provider must be accessible to you and have the capacity to provide substance abuse services. The services provided to you by the alternative provider must be of a value not less than the value of the services you would have received from this organization. Commissioners Minutes Continued. January 20, 2010 93 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 18 of 36 h. Americans with Disabilities Act The CA and its contractors must comply with applicable provisions of the Americans with Disabilities Act (the ADA). Further information may be found at: Nondiscrimination on the Basis of Disability in State and Local Government Services: United States Code of Federal Regulations, Title 28, Part 35, Washington, D.C. (1991). i. Limited English Proficiency The CAs must insure a current Limited English Proficiency (LEP) policy is in place and in practice. The CA must also have documentation that all providers have implemented the required LEP policy and procedures and are in compliance with related Federal and State requirements. The LEP policies and procedures must include the following, as required by the Office of Civil Rights. 1. Procedures for identifying and assessing the language needs of the CA, individual provider and the geographic area served. Needs must be based on current local and regional census data, as well as other state and regional data. 2. Identified range of oral language assistance options appropriate to the CAs circumstances. 3. How the CA provides notice to LEP persons, in their primary language, of the right to free language assistance. 4. What staff training and program monitoring is performed related to LEP policies and procedures. 5. Provisions for written materials in language other than English where a significant number or percentage of the affected population needs services or information in a language other than English, to communicate effectively. 6. Provisions for language interpreters who are trained and competent. 7. Statements explaining timely assistance. 8. Statements explaining there will be no charge to the LEP recipient for these services. Commissioners Minutes Continued. January 20, 2010 94 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 19 of 36 9. Provisions regarding use of family member and/or friend as a language interpreter must not be required. Should the consumer choose to use family or friend as an interpreter, both the offering of other resources, and the consumer’s choice, must be documented in writing. Availability of consumer family and friends as translator/interpreter will not waive other LEP requirements herein described. 2. Treatment Services a. Medical Necessity Criteria For Substance Use Disorders Supports And Services The CA must assure that treatment service authorization and reauthorization decisions are consistent with the following Medical Necessity Criteria. These criteria are substantively the same as the applicable criteria for substance use disorders Medicaid services. 1.0 Medical Necessity Criteria 1.1 “Medically necessary” substance abuse services are supports, services, and treatment: 1.1.1 Necessary for screening and assessing the presence of substance use disorder; and/or 1.1.2 Required to identify and evaluate a substance use disorder; and/or 1.1.3 Intended to treat, ameliorate, diminish or stabilize the symptoms of a substance use disorder; and/or 1.1.4 Expected to arrest or delay the progression of a substance use disorder; and/or 1.1.5 Designed to assist the individual to attain or maintain a sufficient level of functioning in order to achieve his/her goals of community inclusion and participation, independence, recovery or productivity. 1.2 The determination of a medically necessary support, service or treatment must be: 1.2.1 Based on information provided by the individual, individual’s family, and/or other individuals (e.g., friends, personal assistants/aide) who know the individual; and 1.2.2 Based on clinical information from the individual’s primary care physician or clinicians with relevant qualifications who have evaluated the individual; and 1.2.3 Based on individualized treatment planning; and Commissioners Minutes Continued. January 20, 2010 95 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 20 of 36 1.2.4 Made by appropriately trained substance abuse professionals with sufficient clinical experience; and 1.2.5 Made within federal and state standards for timeliness; and 1.2.6 Sufficient in amount, scope and duration of the service(s) to reasonably achieve its/their purpose. 1.3 Supports, services and treatment authorized by the CA must be: 1.3.1 Delivered in accordance with federal and state standards for timeliness in a location that is accessible to the individual; and 1.3.2 Responsive to particular needs of multi-cultural populations and furnished in a culturally relevant manner; and 1.3.3 Provided in the least restrictive, most integrated setting. Residential or other segregated settings shall be used only when less restrictive levels of treatment, service or support have been, for that beneficiary, unsuccessful or cannot be safely provided; and 1.3.4 Delivered consistent with, where they exist, available research findings, health care practice guidelines and standards of practice issued by professionally recognized organizations or government agencies. 1.4 Using criteria for medical necessity, a CA may: 1.4.1 Deny services a) that are deemed ineffective for a given condition based upon professionally and scientifically recognized and accepted standards of care; b) that are experimental or investigational in nature; or c) for which there exists another appropriate, efficacious, less-restrictive and cost- effective service, setting or support, that otherwise satisfies the standards for medically-necessary services; and/or 1.4.2 Employ various methods to determine amount, scope and duration of services, including prior authorization for certain services, concurrent utilization reviews, centralized assessment and referral, gate-keeping arrangements, protocols, and guidelines. 1.4.3 A CA may not deny services solely based on PRESET limits of the cost, amount, scope, and duration of services; but instead determination of the need for services shall be conducted on an individualized basis. This does not preclude the establishment of quantitative benefit limits that are Commissioners Minutes Continued. January 20, 2010 96 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 21 of 36 based on industry standards and consistent with 1.3.4 above, and that are provisional and subject to modification based on individual clinical needs and clinical progress. b. Clinical Eligibility: DSM IV-TR Diagnosis In order to be eligible for treatment services purchased in whole or part by state-administered funds under the agreement, an individual must be found to meet the criteria for one or more selected substance use disorders found in the Diagnostic and Statistical Manual of Mental Disorders (DSM IV-TR). These disorders are listed below. This requirement is not intended to prohibit use of these funds for family therapy. It is recognized that persons receiving family therapy do not necessarily have substance use disorders. 303.90 Alcohol Dependence 305.00 Alcohol Abuse 303.00 Alcohol Intoxication 291.80 Alcohol Withdrawal 291.90 Alcohol-Related Disorder, Not Otherwise Specified 304.40 Amphetamine Dependence 305.70 Amphetamine Abuse 292.89 Amphetamine Intoxication 292.00 Amphetamine Withdrawal 292.90 Amphetamine-Related Disorder, Not Otherwise Specified 304.30 Cannabis Dependence 305.20 Cannabis Abuse 292.89 Cannabis Intoxication 292.90 Cannabis-Related Disorder, Not Otherwise Specified 304.20 Cocaine Dependence 305.60 Cocaine Abuse 292.89 Cocaine Intoxication 292.00 Cocaine Withdrawal 292.90 Cocaine-Related Disorder, Not Otherwise Specified 304.50 Hallucinogen Dependence 305.30 Hallucinogen Abuse 292.89 Hallucinogen Intoxication 292.90 Hallucinogen-Related Disorder, Not Otherwise Specified 304.60 Inhalant Dependence 305.90 Inhalant Abuse 292.89 Inhalant Intoxication 292.90 Inhalant-Related Disorder, Not Otherwise Specified 304.00 Opioid Dependence 305.50 Opioid Abuse Commissioners Minutes Continued. January 20, 2010 97 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 22 of 36 292.89 Opioid Intoxication 292.00 Opioid Withdrawal 292.90 Opioid-Related Disorder, Not Otherwise Specified 304.60 Phencyclidine Dependence 305.90 Phencyclidine Abuse 292.89 Phencyclidine Intoxication 292.90 Phencyclidine-Related Disorder, Not Otherwise Specified 304.80 Polysubstance Dependence 304.10 Sedative, Hypnotic, or Anxiolytic Dependence 305.40 Sedative, Hypnotic, or Anxiolytic Abuse 292.89 Sedative, Hypnotic, or Anxiolytic Intoxication 292.00 Sedative, Hypnotic, or Anxiolytic Withdrawal 292.90 Sedative, Hypnotic, or Anxiolytic-Related Disorder, Not Otherwise Specified 304.90 Other (or Unknown) Substance Dependence 305.90 Other (or Unknown) Substance Abuse 292.89 Other (or Unknown) Substance Intoxication 292.00 Other (or Unknown) Substance Withdrawal c. Satisfaction Surveys The CA shall assure that all network subcontractors providing treatment conduct satisfaction surveys of persons receiving treatment at least once a year. Surveys may be conducted by individual providers or may be conducted centrally by the CA. Clients may be active clients or clients discharged up to 12 months prior to their participation in the survey. Surveys may be conducted by mail, telephone, or face-to-face. The CA must compile findings and results of client satisfaction surveys for all providers, and must make findings and results, by provider, available to the public. d. MIChild MIChild Covered Services The CA must assure use of a standardized assessment process, including the American Society of Addiction Medicine (ASAM) Patient Placement Criteria, to determine clinical eligibility for services based on medical necessity. Substance use disorders services are covered when medically necessary as determined by the CA. This benefit should be construed the same as are medical benefits in a managed care program. Inpatient (hospital- based) services are covered, but the CA is permitted to substitute less costly services outside the hospital if they meet the medical needs of the Commissioners Minutes Continued. January 20, 2010 98 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 23 of 36 patient. In the same way, the CA may substitute services for inpatient or residential services if they meet the child’s needs and they are more cost effective. Covered services are as follows: 1. Outpatient Treatment 2. Residential Treatment 3. Inpatient Treatment 4. Laboratory and Pharmacy These benefits apply only when a CA’s employed or contracted physician writes a prescription for pharmacy items or lab. Eligibility Eligible persons are persons of age 18 or less who are determined eligible for the MIChild program by the MDCH and enrolled by the Department’s administrative vendor and live in the region covered by the CA. The CA is responsible for determining eligibility and for charging all authorized and allowable services to the MIChild program up to the CA’s annual MIChild revenues. Per Enrolled Child Per Month Monthly, MDCH will provide the CA with the federal share of MIChild funds as a per capita payment based upon a Per Enrolled Child Per Month (PECPM) methodology for MIChild covered services. Included with these funds will be an electronic copy of the names of the MIChild enrollees forming the basis of these calculations. In consideration for accepting the federal funding pushed to the CA, the CA agrees to redirect existing state general fund dollars to match the MIChild federal FMAP funds (Title XXI State Children’s Health Insurance Program) and carry out the associated substance use disorders program requirements. The PEPCM rate and the federal fund source are updated, as needed, by the Department on an annual basis or as rates change. The PECPM funding is a per capita payment for medically necessary MIChild-covered services including outpatient, residential and inpatient services as authorized by the CA. If the MIChild capitation is not sufficient to serve the MIChild enrollees, use of state-allocated Community Grant funds is allowed. Federal SAPT Block Grant funds may not be used for inpatient care. Commissioners Minutes Continued. January 20, 2010 99 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 24 of 36 Data Collection and Reporting The CA must account separately for expenses related to MIChild enrollees. Reporting of MIChild revenues and expenditures will be through the RER as indicated in Attachment B to this Agreement and via the Financial Status Report (FSR) as indicated in Attachment D to this Agreement. In the event that program costs are less than PECPM revenues and the state match amounts, the CA may retain the balances as Local funds. In the event that program costs are greater than the federal PECPM and state match amounts, the CA may use other State Agreement funds budgeted for treatment in this Agreement The MIChild balances, as reported on the ABW/MIChild Year-end Balance Worksheet, are the Actual Revenues minus the Actual Expenditures. If reporting year-end unspent fund balances on this Worksheet, the agency must report BOTH the state match balance and the federal PECPM balance. The state match fund balance, along with the federal PECPM fund balance, cannot be expended in the same fiscal year as earned. These unexpended funds must be carried forward into the next fiscal year and reported as Local funds. The funds become Local funds only after Department acceptance of the final RER. The funds must be expended consistent with requirements in this Agreement, pertaining to State Agreement funds, to support the CA’s substance abuse program. Enrollees who receive substance use disorder services must be entered into the Substance Abuse Disorder Statewide Client Data System following the instructions in the data reporting specifications. For the required reporting of encounters for MIChild eligible clients, the CA will report these encounters via the 837 as follows: 2000B Subscriber Hierarchical Level SBR Subscriber Information SBR04 Insured Group Name: Use “MIChild” for the group name. Access Timeliness Access timeliness requirements are the same as those applicable to Medicaid substance use disorders services, as specified in the agreement Commissioners Minutes Continued. January 20, 2010 100 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 25 of 36 between MDCH and the PIHPs. Access must be expedited when appropriate based on the presenting characteristics of individuals. e. Adult Benefit Waiver In consideration for accepting the federal funding pushed to the CA for the State Medical Program (SMP) eligible under an approved Health Insurance Flexibility and Accountability (HIFA) Adult Benefit Waiver (ABW), the CA agrees to redirect existing state general fund dollars to match the ABW federal FMAP funds (Title XXI State Children’s Health Insurance Program) and carry out the associated substance use disorders program requirements. Program requirements are contained in this agreement and in the Department’s Medicaid Provider Manual’s chapter on Adult Benefits Waiver I, which is available at the Department’s web site, www.michigan.gov/mdch. The ABW program is contingent on continued federal approval of the program. The total ABW funding applied to program expenditures (federal plus general fund match) shall not exceed $3.80 per enrolled eligible member per month (PEPM). MDCH shall push the federal portion of the eligible amount to the CA (PEPM X $3.80 X current federal percentage) based on program enrollment. MDCH will issue the payment for each month not later than the second Wednesday of that month. The amount of general fund dollars applied by the CA to program costs shall equal the current state percentage of the total PEPM during the agreement period following the date of program initiation. The PEPM rate and the federal fund source are updated, as needed, by the Department, on an annual basis or as rates change. The CA must account separately for expenses related to ABW enrollees. Reporting of ABW revenues and expenditures will be through the RER as indicated in Attachment B to this Agreement and via the FSR as indicated in Attachment D to this Agreement. In the event that program costs are less than PEPM revenues and the state match amounts, the CA may retain the balances as Local funds. In the event that program costs are greater than the federal PEPM and state match amounts, the CA may use other State Agreement funds budgeted for treatment in this Agreement The ABW balances, as reported on the ABW/MIChild Year-end Balance Worksheet, are the Actual Revenues minus the Actual Expenditures. If reporting year-end unspent fund balances on this Worksheet, the agency must report BOTH the state match balance and the federal PEPM balance. Commissioners Minutes Continued. January 20, 2010 101 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 26 of 36 The state match fund balance, along with the federal PEPM fund balance, cannot be expended in the same fiscal year as earned. These unexpended funds must be carried forward into the next fiscal year and reported as Local funds. The funds become Local funds only after Department acceptance of the final RER. The funds must be expended consistent with requirements in this Agreement, pertaining to State Agreement funds, to support the CA’s substance use disorder program. ABW Covered and Discretionary Services ABW covered and discretionary services, as contained in the Medicaid Provider Manual, are listed below. Covered Services: 1. Initial assessment, diagnostic evaluation, referral and patient placement; 2. Outpatient Treatment; 3. Intensive Outpatient Treatment; and 4. Federal Food and Drug Administration (FDA) approved pharmacological supports for Methadone. ABW Discretionary Services: • Other substance use disorders services may be provided, at the discretion of the CA, to enhance outcomes. The CA is required to pay for medically necessary and requested covered services, within applicable benefit limitations, for the enrolled population in excess of the combined federal and applicable match funds. The CA may apply available SAPT Block Grant funds and state general funds to pay for ABW covered services when ABW funds (federal and state shares combined) have been exhausted. The CA may also choose to pay for non-covered and discretionary services for ABW beneficiaries with other available funds. Any use of SAPT Block Grant and state general funds to pay for discretionary or non- covered services must be consistent with provisions in this agreement that are applicable to these funds. ABW beneficiaries who receive ABW covered services shall be treated according to all applicable requirements of the ABW program, regardless of source of funds for these services. ABW beneficiaries who receive Commissioners Minutes Continued. January 20, 2010 102 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 27 of 36 ABW discretionary services shall be treated according to applicable ABW program requirements when the source of funds is ABW funds. The CA may not charge fees or co-pays to ABW beneficiaries for covered services or for discretionary services purchased with ABW funds. ABW funds may not be used to purchase care for persons who are residents in institutions for mental diseases (IMDs). Access Timeliness Access timeliness requirements are the same as those applicable to Medicaid substance use disorders services, as specified in the agreement between MDCH and the PIHPs. Access must be expedited when appropriate based on the presenting characteristics of individuals. Appeals by ABW Enrollees ABW beneficiaries must be provided written notice of right to appeal proposed denials, reductions, suspensions or terminations of covered services through the administrative hearing process, as described in All Provider Bulletin 03-10. Encounter Data and Quality Improvement Data Enrollees who receive substance use disorders services must be entered into the Substance abuse Statewide Client Data System following the coding instructions in the data reporting specifications. For the required reporting of encounters for ABW Eligible clients, the CA will report these encounters via the 837 as follows: 2000B Subscriber Hierarchical Level SBR Subscriber Information SBR04 Insured Group Name: Use “ABW” for Adult Benefits Waiver. The combined federal share and the GF match share amounts should be reported separately by using the Primary, Secondary, and Tertiary Payer guidelines under the 2000B Loop (Subscriber Hierarchical Loop SBR01 Data Element – Payer Responsibility Sequence Number Code). These codes were covered at the Health Insurance Portability and Accountability Act (HIPAA) Readiness Seminars in 2003. Benefit Limits Utilization control procedures consistent with best practice standards and the three criteria stated below must be used. The CA may provide or Commissioners Minutes Continued. January 20, 2010 103 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 28 of 36 authorize ABW covered and discretionary services only when these services: 1. Meet the medical necessity criteria contained in this Agreement; 2. Are based on individualized determination of need; and 3. Meet the AMS service requirements contained in this Agreement, including a level of care determination based on an evaluation of the six assessment dimensions of the current ASAM Patient Placement Criteria. The CA must assure that all persons admitted to treatment have an individualized treatment plan that emphasizes appropriate treatment and recovery. The CA shall not discontinue or interrupt ABW services when ABW beneficiaries have been admitted to treatment, have exhausted their ABW benefit, and are financially and clinically eligible for continued treatment under the Community Grant program. f. Intensive Outpatient Treatment – Weekly Format The CA may purchase Intensive outpatient treatment (IOP) only if the treatment consists of regularly scheduled treatment, usually group therapy, within a structured program, for at least three days and at least nine hours per week. g. Services for Pregnant Women, Women with Dependent Children, Women Attempting to Regain Custody and Their Children The CA must assure that providers screen and/or assess pregnant women, women with dependent children, and women attempting to regain custody of their children to determine whether these women need and request the defined federal services that are listed below. All federally mandated services must be made available within each CA region. Financial Requirements on Initial and Final RERs The CA has been assigned an expenditure target for Women’s Specialty Services in the CA’s initial allocation letter. State general fund dollars and the state share of Medicaid dollars, as well as SAPT Block Grant dollars, can be counted toward the expenditure target. CAs must report on their RERs, in the Women’s Specialty column, all allowable expenditures for Women’s Specialty Services, and only allowable expenditures. Commissioners Minutes Continued. January 20, 2010 104 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 29 of 36 Financial Requirements on Quarterly FSRs On each quarterly FSR, the CA must report all allowable Women’s Specialty Services expenditures that utilize State Agreement funds. Those funds are Community Grant and/or State Disability Assistance. Treatment Episode Data Set (TEDS) and Encounter Reporting Requirements For TEDS reporting purposes, the Agency must code ‘yes’ for all women eligible for and receiving qualified women’s specialty services. At admission, this can be coded based on eligibility. To qualify, the women must be either pregnant, have custody of a minor child, or be seeking to regain custody of a minor child. The provider must be certified by the agency as gender competent. For all services that qualify based on qualifying characteristics both of the women and of the provider, the HD modifier must be used (See Attachment E/Section I Data Requirements: Substance Abuse Encounter Reporting HCPCS and Revenue Codes Chart). Requirements Regarding Providers Women’s Specialty Services may only be provided by providers that are gender-competent and that meet standard panel eligibility requirements. The provider may be designated by the Department as Women’s Specialty providers, but such designation is not required. The CA must continue to provide choice from a list of providers who offer gender competent treatment and identify providers that provide the additional services specified in the federal requirements. Federal Requirements Federal requirements are contained in 45 CRF (Part 96) section 96.124, and may be summarized as: Providers receiving funding from the state-administered funds set aside for pregnant women and women with dependent children must provide or arrange for the 5 types of services, as listed below. Use of state- administered funds to purchase primary medical care and primary pediatric care must be approved, in writing, in advance, by the Department contract manager. 1. Primary medical care for women, including referral for prenatal care if pregnant, and while the women are receiving such treatment, child care; Commissioners Minutes Continued. January 20, 2010 105 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 30 of 36 2. Primary pediatric care for their children, including immunizations; 3. Gender specific substance use disorders treatment and other therapeutic interventions for women, which may address issues of relationships, sexual and physical abuse, parenting, and childcare while the women are receiving these services; Therapeutic interventions for children in custody of women in treatment, which may, among other things, address their developmental needs, issues of sexual and physical abuse, and neglect; and 5. Sufficient case management and transportation to ensure that women and their dependent children have access to the above mentioned services. Women with dependent children are defined to include women in treatment who are attempting to regain custody of their children. The above five types of services may be provided through the MDCH/CA agreement only when no other source of support is available and when no other source is financially responsible. h. Admission Preference and Interim Services The Code of Federal Regulations and the Michigan Public Health Code define priority population clients. The priority populations are identified as follows and in the order of importance: 1. Pregnant injecting drug user. 2. Pregnant. 3. Injecting drug user. 4. Parent at risk of losing their child(ren) due to substance use. 5. All others. Access timeliness standards and interim services requirements for these populations are provided in the next section. i. Access Timeliness Standards The following chart indicates the current admission priority standards for each population along with the current interim service requirements. Suggested additional interim services are in italics: Commissioners Minutes Continued. January 20, 2010 106 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 31 of 36 Admission Priority Requirements Population Admission Requirement Interim Service Requirement Authority Pregnant Injecting Drug User 1) Screened and referred within 24 hours 2) Detoxification, Methadone or Residential – Offer Admission within 24 business hours Other Levels or Care – Offer Admission within 48 Business hours Begin within 48 hours: 1. Counseling and education on: a) HIV and TB b) Risks of needle sharing c) Risks of transmission to sexual partners and infants d) Effects of alcohol and drug use on the fetus 2. Referral for pre-natal care 3. Early Intervention Clinical Services CFR 96.121; CFR 96.131; Treatment Policy #04 Recommended Pregnant Substance Use Disorders 1) Screened and referred within 24 hours 2) Detoxification, Methadone or Residential – Offer admission within 24 business hours Other Levels or Care – Offer Admission within 48 Business hours Begin within 48 hours 1. Counseling and education on: a) HIV and TB b) Risks of transmission to sexual partners and infants c) Effects of alcohol and drug use on the fetus 2. Referral for pre-natal care 3. Early Intervention Clinical Services CFR 96.121; CFR 96.131; Recommended Injecting Drug User Screened and referred within 24 hours; Offer Admission within 14 days Begin within 48 hours – maximum waiting time 120 days 1. Counseling and education on: a) HIV and TB b) Risks of needle sharing c) Risks of transmission to sexual partners and infants 2. Early Intervention Clinical Services CFR 96.121; CFR 96.126 Recommended Parent at Risk of Losing Children Screened and referred within 24 hours. Offer Admission within 14 days Begin within 48 business hours Early Intervention Clinical Services Michigan Public Health Code Section 6232 Recommended All Others Screened and referred within seven calendar days. Capacity to offer Admission within 14 days Not Required CFR 96.131(a) – sets the order of priority; MDCH and CA contract Commissioners Minutes Continued. January 20, 2010 107 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 32 of 36 j. Problem Gambling Integrated Treatment Project (Applies Only To Agencies Who Have Allocations For This Program) Implement the Problem Gambling Integrated Treatment Project, utilizing funds made available through the Department to carry out the following requirements: • Perform gambling screening, using the NORC DSM Screen for Gambling Problems (NODS), of substance abuse clients in the gambling project service region. Those clients who score five or more on the NODS must be referred for gambling treatment. • Facilitate problem gambling therapist training. • Provide problem gambling prevention and treatment services. • Arrange for problem gambling media in northern and upper Michigan, 45 counties. (applies only to Northern Michigan Substance Abuse Services) • Provide problem gambling outreach. • Report project expenditures on the coordinating agency’s initial and final RER, utilizing one of the “OTHER” columns of the RER. • Report project expenditures on the coordinating agency’s quarterly FSRs. • Monthly demographic reporting will be by spreadsheet, expect to move to using the TEDS system during FY2009. • Monthly report the number of treatment clients receiving problem gambling services, number of therapists trained, and describe prevention, media, and outreach activities. • Year-end report describing progress on project milestones and deliverables. k. Earmark-funded Special Projects: Reporting Requirements This reporting requirement applies to only four CAs: • Genesee County CMH, with respect to Flint Odyssey House • Macomb County CMH, with respect to Sacred Heart Rehabilitation Center • network180, with respect to Hispanic Services • Saginaw County Health Department, with respect to Saginaw Odyssey House These four CAs must submit an annual Earmark-funded Special Projects Report by November 30, 2009 that contains the following information: 1. The name of the CA whose residents were served through the earmarked funds during the year; Commissioners Minutes Continued. January 20, 2010 108 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 33 of 36 2. The number of persons served by that CA, through those funds; and 3. The total amount of earmarked funds paid to the provider for those services. See Attachment E-Other Requirements for this annual report form and form instructions. This report will be submitted via EGrAMS, as an ‘Attachment’ Report. l. Integrated Services for People with Co-occurring Mental Health and Substance Use Disorders (Applies Only To Agencies Who Have Allocations For This Program) Each CA’s use of these funds is governed by terms and conditions of the June 3, 2008, Request for Proposals for Integrated Services for People with Co-occurring Mental Health and Substance Use Disorders, each Department-approved CA Project Proposal, including any approved updates and revisions for FY 2010, and all applicable requirements in the MDCH/CA contract agreement. As stated in the RFP: Neither the SAPT nor MHBG funds may be used to supplant existing funds. Neither funding source may be used to fund Medicaid approved services for Medicaid recipients. MDCH contracts require that any service or activity funded in whole or in part with this funding be delivered in a smoke-free facility or environment. In addition, the MHBG funds focus on the provision of services, and, as a result, these funds may not be used to: 1. Purchase medication. 2. Purchase, lease, or insure vehicles. 3. Cover administrative (e.g., office space, utilities, Internet, insurance) or indirect expenses. No SAPT funds may be used to pay for assessments conducted by a CA or an access management system agency that does not also provide other substance use disorder treatment services. This is consistent with existing Department policy. Note: There are four ways in which MHBG and/or SAPT funds may be used for project staffing so that no supplanting occurs: 1. If the position is a new hire, or 2. If the position is assuming additional hours (i.e., part-time to full-time) and block grant funds are paying for the additional hours only, or Commissioners Minutes Continued. January 20, 2010 109 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 34 of 36 3. If an existing staff member is assuming the duties of the new project and their previous duties are being reassigned, or 4. If the duties to be performed under this project were not previously assigned/completed. The following is a list of services that can be provided to satisfy the requirements of both grant sources: Therapy/counseling Psychiatric time – evaluation and medication reviews Peer support Recovery support Case management New staff positions Psychiatric medication and/or substance use treatment medication (Only SAPT funds may be used.) Mental health assessment (mental health funding only in mental health system) Developing collaborative arrangements with healthcare providers to establish sustainability Infrastructure development for establishing the delivery of services Financial reporting will be through quarterly and annual revenues and expenditures reports (RERs) and financial status reports (FSRs). A separate FSR for each fund source will be required. Projects will be cost-settled at year-end. 3. Prevention Services a. Prevention Requirements Prevention funds may be used for needs assessment and related activities. All prevention services must be based on a formal local needs assessment. The Department’s intent is to move toward a community-based, consequence-driven model of prevention. In the meantime, based on needs assessment, prevention activities must be targeted to high-risk groups and must be directed to those at greatest risk of substance use disorders and/or most in need of services within these high-risk groups. CAs are not required to implement prevention programming for all high- risk groups. The CA may also provide targeted prevention services to the general population. Commissioners Minutes Continued. January 20, 2010 110 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 35 of 36 The high risk subgroups include but are not limited to: children of substance abusers; pregnant women/teens; drop-outs; violent and delinquent youth; persons with mental health problems; economically disadvantaged citizens; persons who are disabled; victims of abuse; persons already using substances; and homeless and/or runaway youth. Additionally, children exposed prenatally to ATOD are identified as a high- risk subgroup. Prevention services must be provided through strategies identified by CSAP. These strategies are: information dissemination; education; alternatives; problem identification and referral; community based processes; and environmental change. Prevention-related funding limitations the CA must adhere to are: 1) A maximum of 35% of prevention funding may be used for school based activities as part of the usual school day, 2) CA expenditure requirements for prevention, including Synar, as stipulated in the CA’s allocation letter, 3) 90% of prevention expenditures are expected to be directed to programs which are implemented as a result of an evidence-based decision making process, 4) Alternative strategy activities, if provided must reflect evidence-based approaches and best practices such as multi- generational and adult to youth mentoring, and 5) state-administered funds used for information dissemination must be part of a multi-faceted regional prevention strategy, rather than independent, stand-alone activity. The CA must monitor and evaluate prevention programs at least annually to determine if the program outcomes, milestones and other indicators are achieved, as well as compliance with state and federal requirements. Indicators may include integrity to prevention best practice models including those related to planning prevention interventions such as risk/protective factor assessment, community assets/resource assessment, levels of community support, evaluation, etc. A written monitoring procedure, which includes requirements for corrective action plans to address issues of concern with a provider, is required. b. Strategic Prevention Framework/State Incentive Grant (SPF/SIG) Prevention Project The CA’s use of SPF/SIG funds is governed by terms and conditions of the SPF/SIG Notice of Award and all applicable requirements in the MDCH/CA contract agreement. Funds shall not be used to pay the salary of an individual at a rate in excess of Level I of the Federal Executive Schedule, or approximately $186,600 per year. Commissioners Minutes Continued. January 20, 2010 111 ATTACHMENT A Att A_Statement of Work Sub Abuse FY2010 Initial.doc Page 36 of 36 c. Fetal Alcohol Spectrum Disorders (FASD) Prevention Project/ Parent Child Assistance Program (PCAP) (Applies Only To Agencies Who Have Allocations For This Program) • The funds are to support allowable project expenditures during the current fiscal year period; • Expenditures must be reported in a separate column on the CA’s initial and final RERs, utilizing one of the ‘Other’ columns. Title the column “Fetal Alcohol Spectrum Disorders (FASD) Prevention Project;” • Expenditures must be reported on the coordinating agency’s quarterly FSRs. • Funds may not be used to pay for anything other than those within the budget detail; • The CA must supply its own computer equipment; and • Data must be entered into the web-based system provided by Northrop Grumman as required by the PCAP model design. Commissioners Minutes Continued. January 20, 2010 112 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 1 of 11 Michigan Department of Community Health Financial Reporting Requirements Fiscal Year (FY) 2010 The reporting of revenues and expenditures will be accomplished via two avenues. For revenues and expenditures: an initial and a final Revenues and Expenditures Report (RER). For expenditures only: quarterly and final Financial Status Reports (FSRs). See Attachment D-FSR Instructions. 1. REPORTING REVENUES AND EXPENDITURES Revenues and Expenditures Report The main purposes and applications of the RER include the following: • Display revenue sources and expected amounts, and how these are budgeted at the start of a fiscal year; • Enable management and monitoring of federal and state spending requirements; and • Enable reconciliation of prepayments and expenditures on an annual basis. The initial RER and the final RER will be used to provide a standardized format for reporting the financial status of individual programs. All actual expenditures and revenues (including Medicaid, Adult Benefits Waiver [ABW], MI Child, Local, Fees and Collections, and Other Contracts and Sources) for the particular program are reported on the final RER. The initial RER and final RER are ‘Attachment’ reports in EGrAMS. The agency will be responsible for assuring that its budgets and expenditures, as reported on the RER detail pages, correctly total to the RER Composite Page. Reporting of revenues and expenditures must be consistent with Generally Accepted Accounting Principles (GAAP). All amounts entered on the RERs must be whole dollars. 2. ADMINISTRATIVE BUDGETS AND EXPENDITURES Agency budgets and expenditures for Administration must be reasonable, prudent, and commensurate with meeting the requirements of this agreement, consistent with 2 CFR Part 225 (previously OMB Circular A-87) or 2 CFR Part 230 (previously OMB Circular A-122)., as applicable. If the Administration budget contains a central cost allocation amount or rate, this allocation must have been developed consistent with 2 CFR Part 225 (OMB Circular A-87, Attachment C). Payments are subject to recovery, based on audit findings. When there is a central cost allocation, the agency must also submit via EGrAMS, on agency letterhead, a Certificate of Cost Allocation Plan whenever a Commissioners Minutes Continued. January 20, 2010 113 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 2 of 11 central cost allocation is introduced or is revised, or every two years, whichever is sooner. This Certificate of Cost Allocation Plan form is available electronically (in WORD) from the MDCH contract manager or use the format shown below: (Printed On Agency Letterhead) Certificate of Cost Allocation Plan This is to certify that I have reviewed the Cost Allocation Plan and to the best of my knowledge and belief: (1) All costs included in this proposal to establish cost allocations or billings for October 1, 2009 through September 30, 2010 are allowable in accordance with the requirements of 2 CFR Part 225, “Cost Principles for State, Local, and Indian Tribal Governments”, and the Federal award(s) to which they apply. Unallowable costs have been adjusted for in allocating costs as indicated in the Cost Allocation Plan. (2 CFR Part 225 can be found at http://www.whitehouse.gov/omb/fedreg/2005/083105_a87.pdf (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is true and correct. Agency Name: Signature: Name of Official: Title: Date of Execution: This Certificate of Cost Allocation Plan should be used for certification of the Agency’s Cost Allocation Plan. This form must be signed by the Executive Director or Finance Director of the agency. Commissioners Minutes Continued. January 20, 2010 114 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 3 of 11 3. INITIAL ALLOCATION REVISION REQUEST An allocation revision request is a request to move State Agreement funds between allocated categories during the initial fiscal year agreement application process. MDCH must approve or deny the request in EGrAMS before the application process will continue. The MDCH must allocate and manage state-administered funds in a way that assures compliance with all federal and state requirements, including SAPT Block Grant expenditure requirements. The initial allocations for each fiscal year are in compliance with these requirements. Nonetheless, an agency may propose to increase or reduce its allocations for Communicable Diseases or for Prevention, within the limits of its total allocation. Though there is no separate allocation for Treatment, this flexibility applies to Treatment as well. The MDCH will be receptive to approving revisions in initial allocations when 1) the agency can demonstrate that all applicable planning and agreement requirements can be achieved, perhaps through the use of other available resources, for all affected program and budget areas and 2) the MDCH can maintain compliance with federal and state requirements. With regard to redirection of Treatment funds, the agency must be able to demonstrate that treatment needs within the catchment area are fully met and that there is adequate capacity to meet drug court and offender re-entry initiatives as well. 4. BUDGET AMENDMENTS A budget amendment is required when there is either an increase or decrease to the agency’s State Agreement amount. Requests for budget amendments must be submitted via EGrAMS. The due date for final amendments is typically in late June annually. MDCH will notify the agency of a specific date at least 30 days in advance of the due date. The final amendment will be the last opportunity that an agency can transfer funding from the Communicable Diseases expenditure category to another expenditure category. 5. BUDGET REVISIONS A budget revision involves moving state-administered funds between expenditure budgets (Prevention, Treatment, Communicable Diseases, etc.) without changing the total budgeted amount of state-administered funds. Agency Discretionary Revisions The agency is granted limited discretion to revise the budgeted amounts of state- administered funds without prior approval by MDCH. This discretion is applicable only to the budget categories of agency Administration, Treatment, Prevention, and Communicable Diseases, and it is applicable only to Community Grant funds. It is not applicable to the WSS’ Target. Commissioners Minutes Continued. January 20, 2010 115 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 4 of 11 The agency may decrease or increase each of the above four budget categories by up to $50,000 annually through the transfer of Community Grant funds among these budget categories. Under this discretion, $50,000 is the annual, maximum net change, up or down, that may be effected in any one of the four budget categories. On the final RER, Community Grant row, expenditures for Treatment, Women’s Specialty Services (WSS), Adult Benefits Waiver (ABW) and MIChild are fungible, once required targets and match requirements are met. Expenditures in excess of the WSS target and ABW and MIChild match requirements can be moved across these four (4) budget categories as needed and as is consistent with this agreement without invoking the $50,000 Deviation Allowance. Reducing the amount of budgeted Community Grant funds does not reduce or amend any requirements stated elsewhere in this agreement, with respect to any the four budget categories. For example, reducing the Communicable Disease budget does not reduce the CA’s program or performance responsibilities regarding Communicable Diseases. The agency must inform its MDCH contract manager by e-mail of any Discretionary Budget revisions. All discretionary revisions must be reported on the final RER. NOTE: With respect to Prevention only--if the agency has received approval to reduce its Prevention budget by $50,000 or more, there is no agency option for additional reductions on a discretionary basis. Any additional reductions must be approved by the MDCH contract manager in writing in advance. 6. NOTICE OF FUNDING EXCESS OR INSUFFICIENCY—DUE JUNE 1 All agencies must advise the MDCH in writing and uploaded to EGrAMS by June 1 if the amount of State Agreement funding may not be used in its entirety or appears to be insufficient. It is especially important that agencies notify the MDCH if State Disability Assistance (SDA) funds will be lapsed or if the WSS target cannot be met. 7. REVENUES For State Agreement fund sources, Revenues are as listed in the agency’s allocation letter. For most other funds sources, Revenues are estimates. In some cases, the agency may not be planning to expend all fiscal year Revenues. On the final RER for the fiscal year, revenues and expenditures must be actual. It is understood that, for non-State Agreement sources, total actual expenditures may be less than total Revenues. Commissioners Minutes Continued. January 20, 2010 116 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 5 of 11 8. INITIAL OR CURRENT ANNUAL BUDGET PLAN AND AGGREGATE PLANNED (BUDGETED) EXPENDITURES For State Agreement fund sources, planned (budgeted) expenditures, added together, must equal the Initial Annual Budget Plan or the Current Annual Budget Plan, as applicable, as entered on the RER-Composite. For most other fund sources, planned (budgeted) expenditures are estimates. In some cases, the agency may not be planning to expend all fiscal year revenues. It is not necessary that aggregate planned (budgeted) expenditures equal the Initial Annual Budget Plan or the Current Annual Budget Plan, as applicable, as entered on the RER-Composite. That is, planned (budgeted) expenditures in each row do not necessarily add to the total planned budget. On the final RER for the fiscal year, revenues and expenditures must be actual. It is understood that, for non-State Agreement sources, total actual expenditures may be less than total planned (budgeted) expenditures. Exception: Local Match. 9. REPORTING FEES AND COLLECTIONS The MDCH/agency agreement requires agencies to report actual fees and collections associated with services that the agency purchases. Expected revenues from fees and collections must be reported on the initial annual RER. The final RER for the fiscal year must report actual revenues. Some agencies reimburse providers net of co-pay amounts, whether or not the co-pays are actually collected by providers. Please do not report uncollected co- pay revenues. Report only the revenues actually earned. Food stamp revenue, in conjunction with residency, should be reported in Fees and Collections—Section F on the initial and final RERs. 10. LOCAL MATCH—HOW TO BUDGET FEES/COLLECTIONS AND LOCAL FUNDS Amounts for Local Match are reported in the initial and final RERs. Please be sure that the amounts entered meet Local Match criteria. The substance use disorders agreement (Attachment A) clarifies which fees and collections may count toward Local Match. Some agencies may be using an incorrect formula to compute the minimum, required Local Match. Please use the following worksheet to assist in computing the agency’s Local Match percentage: Commissioners Minutes Continued. January 20, 2010 117 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 6 of 11 MATCH COMPUTATION - MUST BE AT LEAST 10% a. GRAND TOTAL FUNDING $ (Last row of initial RER, page 2, Initial Annual Budget Plan Column 3, or last row of final RER, page 2, Current Annual Budget Plan, Column 3) b. LESS: Section B. Medicaid subtotal $ Section C. ABW subtotal $ Section D. MIChild subtotal $ Section G. Other Contracts & Sources (incl. direct Federal) $ c. TOTAL (Subtotal of b.) ($ ) d. FUNDS SUBJECT TO MATCH (a minus c) $ e. MATCH FUNDS: Section E. Local Subtotal $ Section F. Fees & Collections Subtotal $ f. TOTAL MATCH FUNDS (Subtotal of e.) $ g. MATCH PERCENTAGE (f/d * 100 = 00.00%) % 11. MICHILD AND ABW SAVINGS MIChild and ABW savings become Local funds in the fiscal year following the year in which the savings were earned. Savings should be entered in Section E. Local, Row E-Other Local in the initial and final RER of the fiscal year following the year in which the savings were earned. The MIChild and ABW savings must be expended consistent with requirements in this Agreement, pertaining to State Agreement funds, to support the agency’s substance use disorders program. 12. POSTING MEDICAID REVENUES THAT ARE TRANSFERS FROM A PIHP Some agencies receive increased Medicaid revenues in the form of transfers from a PIHP, usually late in the fiscal year. Assuming these are current year PEPM funds, these revenues and associated expenditures should be entered on the final RER-Composite. 13. ADULT BENEFITS WAIVER ABW Covered Services For the Federal share of ABW PEPM revenue, please enter the amount on the RER—Composite. Also enter the same amount on the initial and final RER, ABW row, assuming your agency plans to spend the full amount during the fiscal year. This will eliminate double-counting the General Fund match for ABW revenue. Commissioners Minutes Continued. January 20, 2010 118 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 7 of 11 Note that the check received by each agency each month for ABW is the Federal share only. For the State share of the ABW PEPM revenue, please enter the amount on the initial and final RERs, Community Grant row, ABW column. Also enter the amount on the EGrAMS initial agreement application. To obtain the State share of the ABW PEPM, use the following formula: Federal PEPM = Total x State % = State Match Federal % For those agencies that plan to spend Community Grant funds over and above the combined Federal and State shares of the ABW PEPM revenue, also include that additional amount (combined with the State share) on the initial and final RER, Community Grant row, ABW column. Agencies must also enter the State share amount in the EGrAMS initial agreement application. ABW Discretionary Services If an ABW beneficiary is ABW eligible and Community Grant eligible and is provided ABW discretionary services paid for with Community Grant funds, enter those expenditures on the final RER. ABW PEPM funds (federal and state) must have been exhausted first. The Federal and State ABW percentages for each fiscal year will be updated, as needed, by MDCH on an annual basis or as rates change. MDCH will issue the payment for each month not later than the second Wednesday of that month. For all other revenues and expenditures utilized for the ABW program, over and above the combined Federal and State shares of the ABW PEPM revenue, please enter those amounts on the final RER. Please note that Medicaid cannot be utilized for the ABW program. MDCH wants to capture the data that reports the total revenue (source and amount) used to subsidize the ABW program. 14. MIChild On a monthly basis, MDCH will provide the agency with the federal share of MIChild funds as a per capita payment based upon a Per Enrolled Child Per Month (PECPM) methodology for MIChild covered services. Included with these funds will be an electronic copy of the names of the MIChild enrollees forming the basis of these calculations. In consideration for accepting the federal funding pushed to the agency, the agency agrees to redirect existing state general fund dollars to match the MIChild federal FMAP funds (Title XXI State Children’s Commissioners Minutes Continued. January 20, 2010 119 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 8 of 11 Health Insurance Program) and carry out the associated substance abuse program requirements. The PEPCM rate is $0.47 (47 cents) per month. The Federal and State MIChild percentages for each fiscal year will be updated, as needed, by MDCH on an annual basis or as rates change. The PECPM funding is a per capita payment for medically necessary MIChild- covered services including outpatient, residential and inpatient services as authorized by the agency. If the MIChild capitation is not sufficient to serve the MIChild enrollees, use of state-allocated Community Grant funds is allowed. Federal SAPT Block Grant funds may not be used for inpatient care. 15. EARMARKED FUNDS Special, earmarked funds will be identified in the agency’s initial fiscal year allocation, as shown in EGrAMS. Earmarked funds may include Odyssey House, Sacred Heart, Hispanic Services or other identified programs. The agency must budget separately these special earmarked funds in the initial fiscal year agreement application, the initial RER, and the final RER. 16. WOMEN’S SPECIALTY SERVICES—REQUIRED TARGET Each agency’s Women’s Specialty Services (WSS) funds are combined with the Community Grant allocation. For the purpose of assuring statewide compliance with the SAPT Block Grant minimum expenditure requirement for Women’s Specialty Services, each agency is given a minimum expenditure target for these services, as stated in its initial allocation letter in EGrAMS. All program/services objectives related to Women’s Specialty Services remain in place. The expenditure target can be reached through the expenditure of a combination of SAPT Block Grant and state funds for specialty treatment services for eligible women. Eligible women are those who are pregnant, who have dependent children, or who are seeking to regain custody of dependent children. State funds include state funds allocated through this agreement, including SDA funds, as well as the state share amount of Medicaid funds. Use of federal and state funds must be consistent with applicable agreement requirements. Attainment of the expenditure target and program/services objectives is a contract performance requirement. The target can be amended by mutual agreement. MDCH will not approve budget revisions or amendments that appear to create risk of failing to meet the Women’s Specialty Maintenance of Effort. If an agency reports Medicaid funds for WSS on the initial and final RERs, the agency must post both Medicaid federal and state share for WSS—not just the Medicaid state share. The Federal and State Medicaid percentages for each fiscal year will be updated, as needed, by MDCH on an annual basis or as rates change. Commissioners Minutes Continued. January 20, 2010 120 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 9 of 11 As a check, when adding both Medicaid federal and state share for WSS (budgets or expenditures), the total amount multiplied by the current-year state or federal Medicaid Federal Medical Assistance Program (FMAP) percent must be the amount posted in the agency’s budget. EXAMPLE: FY2009 BUDGET YTD/Final B. Medicaid 1. Current Year PEPM (Federal & State) 2. Federal share only for Women’s Specialty $79,376 $63,225 3. State share only for Women’s Specialty $52,325 $41,678 4. Reinvestment Savings B. Subtotal $131,701 $104,903 $131,701 x .3973 = $52,325 (state share for WSS) 17. PREVENTION ALLOCATION There are no separate allocations for Tobacco Vendor Education or Non-Synar Tobacco Retailers Inspections. Agencies are expected to use their Prevention allocations to meet tobacco-related performance objectives and to accomplish other Prevention plans developed through the Annual Plan Guidelines. 18. COMMUNICABLE DISEASES The agency is required to assure that HIV/AIDS and other communicable disease services as described in the MDCH/Agency agreement are provided. Since Michigan is not a designated state, agencies may not use any Substance Abuse Prevention and Treatment (SAPT) Block Grant funds for HIV early intervention programs/services. 19. DISTRIBUTION The initial and final RERs should be prepared and distributed as follows: One Copy - An electronic or printed copy of each RER should be retained by agency. One Copy - Submitted electronically via EGrAMS at http://egrams-mi.com/dch. Submission of the RERs shall be in accordance with the instructions in Attachment C-Required Reports. 20. RETENTION All RERs should be retained for a period complying with the retention policies established in the agreement. Commissioners Minutes Continued. January 20, 2010 121 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 10 of 11 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Final Year-end Reporting Revenues and Expenditures Report The final RER is due by January 31 following the end of the fiscal year. The form must be marked “FINAL” on the Face Page. The final RER will be used for final cost settlement purposes. Budgets on the final RER must be the same as those presented on the final amendment for the year. Final, year-end expenditures can be more than the corresponding budget, within the $50,000 Deviation Allowance. Within these final reports, financial information must be consistent and reconcile between the reports: 1) ABW/MIChild Year-end Balance Worksheet 2) Administration Expenditures Report 3) Legislative Report/Provider Network List 4) Prevention Expenditures by Strategy Report 5) Revenues and Expenditures Report-Final The agency is required to liquidate all accounts payable and encumbrances by December 31 (see definitions below). Exceptions may be granted for one-time obligations that cannot be liquidated within this time period. However, should this be the case, an additional fifteen (15) days may be provided if a written request for an extension, with the reason why additional time is needed, is submitted by the due date of the final RER. Please submit such requests to the agency’s contract manager. Failure to meet these final reporting deadlines may result in the State’s inability to reimburse the full amount of the State’s share of the gross expenditures. In addition to submitting initial and final RERs, other financial information will be requested to assist MDCH in properly closing the State’s fiscal year (September 30). This information will help ensure sufficient funds have been reserved by the State to make reimbursement for the agreement in the State’s upcoming fiscal year. The additional financial information required will include an estimate of open commitments and obligations incurred as of September 30, but not yet paid. The MDCH/Accounting Division will provide detailed instructions for reporting additional financial information by mid-August of each year. Commissioners Minutes Continued. January 20, 2010 122 Attachment B Att_B Financial Rpting Req FY2010 Initial.doc Page 11 of 11 DEFINITIONS: • Accounts Payable - Obligations for goods or services received, which have not been paid for as of the end of the agreement period. • Encumbrances - Commitments at the end of the agreement period related to unperformed (executory) contracts for goods and services. Note: If an agreement does not end on September 30, it is still necessary to estimate accounts payable as of September 30. All inquiries regarding financial reporting issues should be directed to the Expenditure Operations Section of the MDCH/Accounting Division. References: Michigan Department of Management and Budget • Guide to State Government (1210.27). • Year-End Closing Guide. Federal OMB Circular A-102 (Revised & DHHS Common Rule). Commissioners Minutes Continued. January 20, 2010 123 Attachment B State CERTIFICATION SECTION Submission Type (check one)Contract No. Total Expenditures YTD: Balance: $0 $0 City Contact Person Telephone Number and E-mail Address CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported. If Yes is checked, I certify that I have submitted to MDCH the required Central Cost Allocation Plan Certification on our agency’s letterhead; Or If Yes is checked, I certify that I will submit, to the MDCH/ODCP Contract Manager, a completed/signed Central Cost Allocation Plan Certification on our agency's letterhead within 30 days from the date listed below. Authorized Signature Date Title ZIP Code Agreement Period Michigan Department of Community Health Contractor Name Federal ID No. Page Number(s) Face Page CERTIFICATION: I certify that this agency uses a Central Cost Allocation Plan. (check one) $0 Year-end Reconciliation (For State Agreement Funds Only-Section A) Mailing Address (Number and Street) FROM: 10.01.09 Total Prepayments YTD: TO: 09.30.10 Revenues and Expenditures Report Date Prepared 1 of 7 2010- Yes No Initial Final Att_B RER FY2010 Blank Initial .xls/Face Page Page 1 of 7 Commissioners Minutes Continued. January 20, 2010 124 Contractor Name:Contract #:Address: From: 10.01.09 To: 09.30.10ExpendituresInitial Annual Budget PlanCurrent Annual Budget PlanAgreement PeriodA. State Agreement 1. Community Grant$0$0$0$0$02. Prevention$0$0$0$0$03. Communicable Diseases$0$0$0$0$04. State Disability Assistance$0$0$0$0$05. SPF/SIG$0$0$0$0$06. FASD Award$0$0$0$0$07. Problem Gambling Prevention/Treatment$0$0$0$0$08. Integrated Tx-MH Block Grant (100%)$0$0$0$0$09. Integrated Tx-SAPT Block Grant(100%)$0$0$0$0$0A. Subtotal$0$0$0$0$0B. Medicaid1. Current Year PEPM (Federal & State)$0$0$0$0$02. Federal share only for Women's Specialty$0$0$0$0$03. State share only for Women's Specialty$0$0$0$0$04. Reinvestment Savings$0$0$0$0$0B. Subtotal$0$0$0$0$0C. ABW Current Year PEPM--Federal Share Only (Subtotal)$0$0$0$0$0D. MIChild Current Year PEPM (Subtotal)$0$0$0$0$0E. LOCAL1. Current Year PA2$0$0$0$0$02. PA2 Fund Balance$0$0$0$0$03. Other Local$0$0$0$0$0E. Subtotal$0$0$0$0$0F. Fees & Collections (Subtotal)$0$0$0$0$0G. Other Contracts & Sources (Subtotal)$0$0$0$0$0Grand Total of Subtotals A-G$0$0$0$0$0MDCH REVENUES AND EXPENDITURES REPORT - COMPOSITEFunds SourceBudget PlansBalanceRevenuesAgreement PeriodSubmission Type: Initial Final Att_B RER FY2010 Blank Initial .xls/CompositePage 2 of 7Commissioners Minutes Continued. January 20, 2010125 Contractor Name:Contract #:Address:From:10.01.09To:09.30.10EXPENDITURE DETAILFunds SourcePlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalA. State Agreement 1. Community Grant$0$0$0$0$0$02. Prevention$0$03. Communicable Diseases4. State Disability Assistance$0$0$0$05. SPF/SIG$0$06. FASD Award7. Problem Gambling Prevention/Treatment8. Integrated Tx-MH Block Grant (100%)9. Integrated Tx-SAPT Block Grant(100%)A. Subtotal$0 $0 $0 $0 $0 $0 $0 $0B. Medicaid1. Current Year PEPM (Federal & State)$0$0$0$02. Federal share only for Women's Specialty$0$03. State share only for Women's Specialty$0$04. Reinvestment Savings$0$0$0$0$0$0$0$0B. Subtotal$0$0$0$0$0$0$0$0C. ABW Current Year PEPM--Federal Share Only (Subtotal)$0$0D. MIChild Current Year PEPM (Subtotal)$0$0E. LOCAL1. Current Year PA2$0$0$0$0$0$02. PA2 Fund Balance$0$0$0$0$0$03. Other Local$0$0$0$0$0$0$0$0E. Subtotal$0$0$0$0$0$0$0$0F. Fees & Collections (Subtotal)$0$0$0$0$0$0$0$0G. Other Contracts & Sources (Subtotal)$0$0$0$0$0$0$0$0Grand Total of Subtotals A-G$0$0$0$0$0$0$0$0MDCH REVENUES AND EXPENDITURES REPORTAdministrationWomen's SpecialtyTreatmentAgreement PeriodSubmission Type:PreventionInitial Final Att_B RER FY2010 Blank Initial .xls/Expend_Adm,Tx,Prev,WSSPage 3 of 7Commissioners Minutes Continued. January 20, 2010126 Contractor Name:Contract #:Address:From:10.01.09To:09.30.10EXPENDITURE DETAILFunds SourcePlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalA. State Agreement 1. Community Grant$0$0$0$0$0$02. Prevention3. Communicable Diseases$0$04. State Disability Assistance5. SPF/SIG$0$06. FASD Award7. Problem Gambling Prevention/Treatment8. Integrated Tx-MH Block Grant (100%)9. Integrated Tx-SAPT Block Grant(100%)A. Subtotal$0 $0 $0 $0 $0 $0 $0 $0B. Medicaid1. Current Year PEPM (Federal & State)2. Federal share only for Women's Specialty3. State share only for Women's Specialty4. Reinvestment SavingsB. SubtotalC. ABW Current Year PEPM-Federal Share Only (Subtotal)$0$0D. MIChild Current Year PEPM (Subtotal)$0$0E. LOCAL1. Current Year PA2$0$0$0$0$0$0$0$02. PA2 Fund Balance$0$0$0$0$0$0$0$03. Other Local$0$0$0$0$0$0$0$0E. Subtotal$0$0$0$0$0$0$0$0F. Fees & Collections (Subtotal)$0$0$0$0$0$0$0$0G. Other Contracts & Sources (Subtotal)$0$0$0$0$0$0$0$0Grand Total of Subtotals A-G$0$0$0$0$0$0$0$0MDCH REVENUES AND EXPENDITURES REPORTSPF/SIGABWAgreement PeriodSubmission Type:Communicable DiseasesMIChildInitial FinalAtt_B RER FY2010 Blank Initial .xls/Expend_CD, ABW, MIChild,SPF_SIGPage 4 of 7Commissioners Minutes Continued. January 20, 2010127 Contractor Name:Contract #:Address:From:10.01.09To:09.30.10EXPENDITURE DETAILFunds SourcePlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalA. State Agreement 1. Community Grant2. Prevention3. Communicable Diseases4. State Disability Assistance5. SPF/SIG6. FASD Award$0$07. Problem Gambling Prevention/Treatment$0$08. Integrated Tx-MH Block Grant (100%)$0$09. Integrated Tx-SAPT Block Grant(100%)$0$0A. Subtotal$0$0$0$0$0$0$0$0B. Medicaid1. Current Year PEPM (Federal & State)2. Federal share only for Women's Specialty3. State share only for Women's Specialty4. Reinvestment Savings$0 $0 $0 $0B. Subtotal$0 $0 $0 $0C. ABW Current Year PEPM-Federal Share Only (Subtotal)D. MIChild Current Year PEPM (Subtotal)E. LOCAL1. Current Year PA2$0$0$0$0$0$0$0$02. PA2 Fund Balance$0$0$0$0$0$0$0$03. Other Local$0$0$0$0$0$0$0$0E. Subtotal$0$0$0$0$0$0$0$0F. Fees & Collections (Subtotal)$0$0$0$0$0$0$0$0G. Other Contracts & Sources (Subtotal)$0$0$0$0$0$0$0$0Grand Total of Subtotals A-G$0$0$0$0$0$0$0$0MDCH REVENUES AND EXPENDITURES REPORT Integrated Tx-SAPT Block Grant (100%)Problem Gambling Prevention/TreatmentAgreement PeriodSubmission Type:FASDIntegrated Tx-MH Block Grant (100%)Initial Final Att_B RER FY2010 Blank Initial .xls/Expend_OthersPage 5 of 7Commissioners Minutes Continued. January 20, 2010128 Contractor Name:Contract #:Address:From:10.01.09To:09.30.10EXPENDITURE DETAILFunds SourcePlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalPlannedYTD/FinalA. State Agreement 1. Community Grant$0$0$0$0$0$0$0$02. Prevention3. Communicable Diseases4. State Disability Assistance5. SPF/SIG6. FASD Award7. Problem Gambling Prevention/Treatment8. Integrated Tx-MH Block Grant (100%)9. Integrated Tx-SAPT Block Grant(100%)A. Subtotal$0 $0 $0 $0 $0 $0 $0 $0B. Medicaid1. Current Year PEPM (Federal & State)2. Federal share only for Women's Specialty3. State share only for Women's Specialty4. Reinvestment Savings$0$0$0$0$0$0$0$0B. Subtotal$0$0$0$0$0$0$0$0C. ABW Current Year PEPM-Federal Share Only (Subtotal)D. MIChild Current Year PEPM (Subtotal)E. LOCAL1. Current Year PA2$0 $0 $0 $0 $0 $0 $0 $02. PA2 Fund Balance$0 $0 $0 $0 $0 $0 $0 $03. Other Local$0 $0 $0 $0 $0 $0 $0 $0E. Subtotal$0 $0 $0 $0 $0 $0 $0 $0F. Fees & Collections (Subtotal)$0$0$0$0$0$0$0$0G. Other Contracts & Sources (Subtotal)$0$0$0$0$0$0$0$0Grand Total of Subtotals A-G$0$0$0$0$0$0$0$0MDCH REVENUES AND EXPENDITURES REPORTOthersOthersAgreement PeriodSubmission Type:Others OthersInitial Final Att_B RER FY2010 Blank Initial .xls/Expend_Others (2)Page 6 of 7Commissioners Minutes Continued. January 20, 2010129 Contractor Name:Agreement Period Contract #: 2010-Address:From:10.01.09 To: 09.30.10 Submission Type: Final$0$0$0$0 $0 $0$0$0$0$0$0$0$0$0$0MIChildMIChild Current Year PECPM-FederalMDCH REVENUES AND EXPENDITURES REPORTABW and MIChild Year-end Balance WorksheetFunds Source(Col. A)Actual Revenue(Col. B)Actual Expenditures(Col. C)Balance(Col. B - Col. C)When reporting year-end fund balances on this Worksheet, the agency must report BOTH the state match balance and the federal PEPM or PECPM balance. The state match fund balance, along with the federal PEPM or PECPM fund balance, cannot be expended in the same fiscal year as earned. These unexpended funds must be carried forward into the next fiscal year and reported as Local funds. The funds become Local funds only after MDCH acceptance of the final RER.The funds must be expended consistent with requirements in this Agreement, pertaining to State Agreement funds, to support the CA’s substance abuse program.ABW Current Year PEPM-Federal ABWState Share (Match)TotalThe CA is entitled to carry forward any ABW or MIChild year-end balances. These become Local funds in the next fiscal year and must be reported as "Other Local" on the initial and final RERs. State-share balances should not be included in any payable due to the State of Michigan.State Share (Match)Att_B RER FY2010 Blank Initial .xls/ABW_MIChild Balance WorksheetPage 7 of 7Commissioners Minutes Continued. January 20, 2010130 Att_B2 EquipInventoryForm FY2010 NOT APPLICABLE Initial.doc Page 1 of 1 ATTACHMENT B.2 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH CONTRACT MANAGEMENT SECTION EQUIPMENT INVENTORY SCHEDULE Please list equipment items that were purchased during the grant agreement period as specified in the grant agreement budget’s cost detail schedule - Attachment B.2. Provide as much information about each piece as possible, including quantity, item name, item specifications: make, model, etc. Equipment is defined to be an article of non-expendable tangible personal property having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Please complete and forward to this form to the MDCH contract manager with the final progress report. Contractor Name: Contract #: Date: Quantity Item Name Item Specification Tag Number Purchased Amount $ $ $ $ $ $ $ $ Total $ 0 Contractor’s Signature: Date: Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 1 of 8 Administration Expenditures Report Introduction: The purpose of this technical requirement is to provide policy direction with regard to CA Administration expenditures and specify annual supplemental expenditure reporting requirements. The information will be used to determine compliance with federal SAPT block grant administration and application requirements as well as to develop a consistent framework for reporting and analysis of administrative costs. Application: Expenditures of the Coordinating Agency, regardless of revenue source, that are not payments to the treatment or prevention service provider network for treatment or prevention services. CA administration excludes administrative costs of service providers regardless of service or administrative function. Any provider’s indirect (if applicable), overhead and management costs associated with delivering the service must be reported as program expenditures. Requirements: These requirements are consistent with the RER requirements regarding administrative budgets and expenditures. The CA budget and expenditures for Administration must be reasonable, prudent and commensurate with meeting the contractual requirements between MDCH and the CA and must be consistent with OMB Circular A-87 or A-122 as applicable. If the CA is a local government entity and administration expenditures include a central cost allocation amount or rate, this allocation must have been developed consistent with OMB Circular A-87, Attachment C. Administration costs must be allocated to all funding sources in accordance with relative benefits received in accordance with applicable OMB Circular cost principles. Further detail regarding administrative cost distributions for Medicaid is provided on page 7 of this document. Special Note-Depreciation. Depreciation expenditures are only allowable as permitted by GAAP and federal Circular A-87 or A-122 as applicable. Depreciation or a use allowance is required by A-87 if approval to directly charge a capital asset has not been granted. DCH payments are subject to recovery, based on audit findings. Any CA that is a non- profit entity cannot have a central cost allocation. General: In keeping with changes made in FY05 to the RER reporting requirements that eliminated CA reporting by object of expenditure and converted to program reporting, the CA administration reporting is program and function based as well. It is required that the CA accounting structure has the capability to both maintain object of expenditures (e.g. travel, equipment, rent) but also to report these expenditures by program function defined below as “final” CA Administration Cost Centers. Commissioners Minutes Continued. January 20, 2010 132 Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 2 of 8 Final CA Administration Cost Centers: All CA administration expenditures must be reported in one of the following program functions: • General Administration • Prevention Administration • Treatment and Managed Care Administration (including AMS functions as applicable) • Recipient Rights • Other Administrative Costs The CA’s accounting system may incorporate both direct and distributed costs to these final cost centers. All cost distributions must be consistent with applicable federal regulations and state contract requirements. If the CA’s accounting system does not directly charge (identify) each expenditure within these five spending categories as final cost centers, the CA must have a system in place by which to appropriately distribute expenditures to these categories. This could be a combination of expenditure object codes and a cost distribution model that meets OMB Circular requirements as applicable. It may include staff time studies. Note that RER requirements incorporate the requirement that when there is a central cost allocation, the CA Chief Executive Office or Chief Financial Officer must submit and provide Certification as to the appropriateness of the cost allocation process. The CA central cost allocation plan certification form must be submitted when introduced and when revised or every two years, whichever is sooner. General Administration. General administration includes the six expenditure categories defined as administration by federal block grant requirements. These are indirect costs, grants and contract management, CA audit, CA policy and procedure development; personnel management and legislative liaison activities if applicable. Additionally, general administration includes expenditures for those functions associated with administering the substance abuse services delivery system that are not otherwise included in the Prevention, Treatment, Managed Care, or Recipient Rights categories. It includes executive leadership of the CA. The medical director of the CA should be reflected in general administration if role of the medical director is to provide overall leadership to functions such as the development of clinical policies/protocols, treatment guidelines, level of care criteria, utilization management and utilization review. The costs of the Medical director’s provision of clinical consultation or treatment services must be reported as Treatment expenditures. Examples of other expenditures to be included in general administration include CA membership dues, advertising, insurances, board costs, Advisory Council costs and CA budget development. Also, when not specific to treatment or prevention services, examples include interpreter services, community forums and public hearings. Finally, time spend by the executive leadership in interagency collaboration--which could, for Commissioners Minutes Continued. January 20, 2010 133 Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 3 of 8 example, include the development and operation of drug courts, integrated treatment projects, participation in local work groups, collaborating bodies, etc can be included in the general administration category. Federal SAPT regulations limit total state-wide block grant general administration expenditures to 5%. The department will aggregate expenditures and apply the 5% limit on a statewide basis to this general administration category for the SAPT block grant. However, it is understood that individual CA expenditures in this category may be above or below the 5% level for this category depending on budget size, entity need and local contributions. Accurate reporting of these administrative expenditures is critical to meeting federal requirements of the federal block grant. Prevention Administration CA prevention administration expenditures include costs associated with the administration of prevention services. CA Synar-compliance activities and other CA administrative expenditures directly attributable to the substance abuse prevention program should be included in this category. Additionally, prevention administration includes those CA administrative costs associated with prevention program site visits, needs assessment, planning, program development, research and evaluation, reviews conducted in accordance with section 6228(b) of the Public Health Code (PA 368 (1978) as amended), quality assurance and post employment CA training including training paid by the CA for provider network staff. Costs associated with proctoring exams or credentialing of prevention staff must also be included in this expenditure category. Communicable Diseases administrative costs may be reported under the category which is appropriate to the internal organization of the CA and the management of the Communicable Diseases program. For example, in some CAs, this program is administered through the prevention administration and through the treatment administration in other CAs. In the former, these CA administration expenditures would be reported with prevention; in the latter, with the treatment/managed care administration expenditures. Treatment and Managed Care Administration (including AMS). Both treatment and managed care administration expenditures are combined and reported as treatment and managed care administration expenditures. It is not, therefore, necessary to distinguish between treatment or managed care administration activities such as treatment program site visit administration expenditures vs quality management expenditures. a) Treatment: CA treatment administration expenditures include costs associated with administration of the treatment program including, if employed by the CA, the women’s specialist, the treatment or clinical administrator, and other costs attributable to the substance abuse treatment program. When performed by treatment administration staff, costs associated with the development of drug court programs, integrated Commissioners Minutes Continued. January 20, 2010 134 Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 4 of 8 treatment projects, participation in local collaborating bodies, etc. should be included in this category. Additionally, treatment administration includes those CA administrative costs associated with treatment program site visits, needs assessment, planning, program development, research and evaluation, reviews conducted in accordance with section 6228(b) of the Public Health Code (PA 368 (1978) as amended), quality assurance and post employment CA training including training paid by the CA for provider network staff. Costs associated with proctoring exams or credentialing of treatment staff must also be included in this expenditure category. Communicable Diseases administrative costs may be reported under the category which is appropriate to the internal organization of the CA and the management of the Communicable Diseases program. For example, in some CAs, this program is administered through the prevention administration and through the treatment administration in other CAs. In the former, these CA administration expenditures would be reported with prevention; in the latter, with the treatment/managed care administration expenditures. b) Managed Care Administration (including AMS): This includes CA administrative costs in the following six categories, regardless of source of revenue: • Utilization Management (UM)-those administrative functions that pertain to the assurance of appropriate clinical service delivery. UM is intended to assure that only eligible clients receive services, and that clients are linked to other services when necessary. UM components include: 1) access and eligibility determination; 2) level of care determination and service/support selection; service authorization. 3) care management if it is limited to those clients that represent a service or financial risk to the CA and is individual case (client) monitoring carried out on behalf of the CA. 4) utilization review of individual clients records specific to provider practices and system trends. 5) review and monitoring of the provider network to determine appropriate application of service guidelines and criteria. • Customer services that encompass activities directed at the entire population of the CA. It is understood that providers throughout the CA network carry out some customer services activities as part of the service process; these costs are not included in this CA administrative function, but are to be reported within the provider costs. This function includes four types of activities: 1) information services that include general information and orientation to the CA system; development and dissemination of informational brochures, operation of a telephone line(s) and websites to provide information about services Commissioners Minutes Continued. January 20, 2010 135 Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 5 of 8 provided and respond to general inquiries and outreach activities to identify and establish communication with underserved groups. Any marketing or public relations activities should also be included in this category. Additionally, CAs frequently handle various DUI information/referral and respond to general substance abuse services inquiries. If the costs of such activities are separately identified, these should be categorized as customer services. 2) Coordination of client participation in services. This includes costs associated with enhancing or enabling client participation in advisory groups, task forces, working committees, policy and program development and other activities intended to engage clients including other stakeholders in decision oriented activities throughout the provider network. 3) Client complaint, grievance and appeals processes except recipient rights. This includes activities such as investigation and management of informal complaints and formal grievances and appeals; administrative fair hearings, and any informal means used by the CA to resolve complaints. This also includes costs associated with the processes used by the CA to collect data and perform related analyses. 4) Community Benefit. This includes costs associated with activities, other than those conducted as prevention, which are directed at the population of the entire service areas or service area sub-populations. Examples include participation in community planning bodies, community emergency and group trauma services, or administrative costs associated with partnership arrangement with community organizations. • Provider Network Management. These costs encompass activities directed at ensuring that qualified providers of sufficient number and variety to provide consumer choice and that the provider network is in compliance with regulatory requirements and the performance expectations of the CA. Provider network management includes network development, contract management, network policy development and provider credentialing, privileging and verification. Network development-is the process of identifying and analyzing client provider needs; provider procurement, development of agreements with alternative payers or related agencies with goal of coordinating funding. Additionally, this function incorporates network provider training in relation to the CA performance expectations for the provider. Contract management includes contract language, contract negotiation and oversight including reviews for evidence of abuse and/or fraud, compliance monitoring and sanctioning as well as the development of standards for participation in the provider panel. Costs associated with credentialing and privileging may be included in this cost area. • Quality Management (QM): These costs encompass activities directed toward ensuring that standards of staff, program and management performance exist; that compliance is assessed and that ongoing improvements are introduced, monitored and indicated improvements implemented. Since most service provider organizations have quality management programs, CA quality Commissioners Minutes Continued. January 20, 2010 136 Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 6 of 8 management administration is limited to specific developmental and improvement activities intended to improve the overall effectiveness of the CA network’s clinical and administrative practices. These could, however, include QM pilot projects initiated and supported by the CA and intended to improve the overall network. QM includes standard setting including activities such as research based practice guidelines, clinical pathway protocols and authorization criteria; selection of standard tools for screening, assessment, etc. and performance management; Also, conducting performance assessment, development and implementation of compliance plans and action when non- compliance is revealed; and costs associated with managing reviews conducted by outside agencies such as accrediting bodies, etc. Finally, this component includes research activities; continuous quality improvement processes including facilitation of such activities in the provider network; provider education and training in response to QM identified needs and development of quality improvement plans. • Financial Management: includes costs associated with financial management that are 1) carried out as Medicaid financial management functions delegated by the PIHP and 2) all other financial management expenditures of the CA carried out under its authority as the regional substance abuse coordinating agency in its contract with MDCH/ODCP. This should not included administrative expenditures of the CA for Medicaid administration that is not delegated by the PIHP. Financial management includes service unit and client centered cost analysis and rate setting or the development of standards for rates; risk-related analysis, modeling and underwriting as well as CA expenditures relative to provider claims adjudication and payment. This category may also include financial management expenditures for other CA local funds. • Information Systems Management (ISM): ISM includes the costs processes and systems designed to support management, administrative and clinical decisions with the provision of data and information to support accountability and information requirements to and of the CA as a managed care provider. Costs include equipment, software, connectivity, management, and security. ISM administrative costs do not include those attributable to the provision of prevention or treatment services or on behalf of a service provider. Recipient Rights: These are the costs of CA recipient rights related responsibilities as required by Article 6 of the Public Health Code and Administrative Rule Part 3 Recipient Rights. Note that this excludes grievance and appeal related costs that are described under Managed Care Administration. Other Administrative Costs: CA administrative costs not otherwise reported, must be included in the Other Administrative Costs category. Occasionally, a CA may serve as a fiduciary for other grants or community services. Administrative costs associated with these activities should be reported as Other Administrative Costs. Commissioners Minutes Continued. January 20, 2010 137 Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 7 of 8 Communicable Diseases administrative costs may be reported under the category that is appropriate to the internal organization of the CA and the management of the Communicable Diseases program. For example, in some CAs, this program is administered through the prevention administration and through the treatment administration in other CAs. In the former, these CA administration expenditures would be reported with prevention; in the latter, with the treatment/managed care administration expenditures. Revenue Specific CA Administration Requirements: Medicaid With regard to Medicaid, only those CA administrative costs for functions delegated by the PIHP to the CA may be considered Medicaid managed care administrative costs. All other CA Medicaid administrative costs are considered program management costs for Medicaid purposes. Special Note: Medicaid CA administrative costs not attributable to those functions delegated by the PIHP to the CA must be consistent with OMB circular requirements and should not be reported to the PIHP as managed care administrative costs. Such costs are allowable as program administration costs. Specific reporting requirements for Medicaid are under the authority of the PIHP. Federal Block Grant Federal SAPT Administration. The federal administration definition includes CA administration expenditures for: • Indirect costs distributed to the CA program by the administering authority (such as a county, a county health department or a community mental health authority) if consistent with A-87 Circular requirements • Grants and contract management (excludes provider network related management functions or payments for prevention and treatment services) • Audit of the CA • Costs associated with CA policy, program and procedure development not specific to prevention or treatment programs. • Personnel management/HR operations • Legislative Liaison if applicable and otherwise allowable These federal block grant administrative expenditures are categorized as “general administration”. MI CHILD, ABW Waiver Administration expenditures charged to MIChild and ABW must comply with OMB Circular A-87 or A-122 as applicable and contract requirements. Commissioners Minutes Continued. January 20, 2010 138 Attachment B.3 Att_B3 CA AdminExpRptInstructions FY2010 Initial.doc Page 8 of 8 PA 2 Informal opinion by the Attorney General is that CA Administrative costs may not be charged to PA 2 funds. Commissioners Minutes Continued. January 20, 2010 139 Attachment B.3A. State Agreement 1. Community Grant$02. Prevention3. Communicable Diseases$04. State Disability Assistance5. SPF/SIG$06. FASD Award7. Problem Gambling Prevention/Treatment8. Integrated Tx-MH Block Grant (100%)9. Integrated Tx-SAPT Block Grant(100%)A. Subtotal State Agreement$0 $0 $0 $0 $0 $0B. Medicaid1. Current Year PEPM (Federal & State)$02. Federal share only for Women's Specialty$03. State share only for Women's Specialty$04. Reinvestment Savings$0B. Subtotal Medicaid$0 $0 $0 $0 $0 $0C. ABW Current Year PEPM-Federal Share Only (Subtotal)$0D. MIChild Current Year PEPM (Subtotal)$0E. LOCAL1. Other Local$0E. Subtotal Local$0 $0 $0 $0 $0 $0F. Fees & Collections (Subtotal)$0G. Other Contracts & Sources (Subtotal)$0Grand Total of Subtotals A-G$0 $0 $0 $0 $0 $0 Contract Number (enter # below)OTHER ADMIN EXPENSES(Col. G)REVENUE SOURCE(Col. A)ADMINISTRATION EXPENDITURES REPORTTREATMENT AND MGED CARE ADMIN.(Col. E)Fiscal Year (enter # below)RECIPIENT RIGHTS(Col F.)TOTAL CA ADMIN EXPENSES(Col. B)(Total of Columns C-G)GENERAL(Col. C)PREVENTION(Col. D)Address:Contractor Name:Att_B3 CA AdminExpRpt FY2010 Initial.xlsPage 1 of 1Commissioners Minutes Continued. January 20, 2010140 Att_C Required Reports FY2010 Initial.doc Page 1 of 6 ATTACHMENT C REQUIRED REPORTS – Fiscal Year (FY) 2010 All reports listed here, unless otherwise noted, must be submitted via the Electronic Grants Administration and Management System (EGrAMS). There are three (3) types of reports: Statistical, Expenditure, and Attachment. Statistical and Expenditure Reports will be completed on-line. Attachment Reports will be uploaded to EGrAMS. The following table lists reports that the Contractor is required to submit to the Department under this Agreement. The table also indicates the time period covered by each report, the due date of each report, where within the Department each report must be submitted, and the source of instructions and specifications for completing each report. The contents of the table supersede any other communication of reporting requirements. Revisions in the “Required Reports” table, which were made since prior editions, are shown in strikeout or BOLD. Contractors are responsible for submitting all reports on time and per reporting instructions. Reports transmitted on or before the due date are considered timely. Reports that require an original signature should be mailed to the appropriate addressee(s) as listed at the end of Attachment C, with the transmission date determined by postmark or commercial carrier receipt. Commissioners Minutes Continued. January 20, 2010 142 Attachment C Required Reports – Fiscal Year (FY) 2010 Att_C Required Reports FY2010 Initial.doc Page 2 of 6 Document Title/Data Submissions Period Covered Due Date Where to Submit Instructions & Specifications Administration Expenditures Report Fiscal Year 2010 January 31, 2011 – mandatory submission EGrAMS – Attachment Report Contract Attachment B Audit Report Fiscal Year 2010 9 months after close of Contractor’s fiscal year Office of Audit (See last page of Attachment C) Contract Part II Communicable Disease Provider Contact Information Fiscal Year 2009 October 31, 2008 EGrAMS – Attachment Report Contract Attachment E Communicable Disease Provider Information Plan/Report (Applies Only To Agencies Who Have Allocations For This Program) Fiscal Year 2010 October 31, 2009 – plan April 30, 2010 – first 6 months January 31, 2011 – second 6 months EGrAMS – Attachment Report Contract Attachment E Fetal Alcohol Spectrum Disorders (FASD) Prevention and Intervention Project (Applies Only To Agencies Who Have Allocations For This Program) As required by Northrop Grumman Submit in real time – FASD Prevention Data https://live.datstat. com/NGPCAP- PMC/default.aspx Contract Attachments A and E FASD Prevention and Intervention Project: Revenues and Expenditures Report (Applies Only To Agencies Who Have Allocations For This Program) Monthly 15th day of the month following the month in which the activity occurred EGrAMS – Attachment Report Contract Attachment B FASD Prevention and Intervention Project: Revenues and Expenditures Report – FINAL (Applies Only To Agencies Who Have Allocations For This Program) Fiscal Year 2010 January 31, 2011 EGrAMS – Attachment Report Contract Attachment B Financial Status Report – 1st thru 3rd Quarters Quarterly – Oct-Dec; Jan-March; April-June January 31, April 30, and July 31 (Last day of the month, following the end of the quarter) EGrAMS – Expenditure Report Contract Attachment D Financial Status Report – 4th Quarter/Final Fiscal Year 2010 November 30, 2010 EGrAMS – Expenditure Report Contract Attachment D Commissioners Minutes Continued. January 20, 2010 143 Attachment C Required Reports – Fiscal Year (FY) 2010 Att_C Required Reports FY2010 Initial.doc Page 3 of 6 Document Title/Data Submissions Period Covered Due Date Where to Submit Instructions & Specifications Health Insurance Portability & Accountability Act (HIPAA) 837 Encounters As services are provided, complete records. Submit monthly for each quarter. Monthly (minimum 12 submissions per year), 30 days post adjudication of a claim Via DEG to MDCH /MIS Operations (See last page of Attachment C) Contract Attachment E Supplemental Instructions to SA CAs for 837 Encounter Data Submission HIV Data Report CA assures HIV providers will utilize MDCH/HAPIS data collection methods, including Uniform Reporting System (URS) CareWare for case management and HIV Event System (HES) for Counseling, Testing and Referral (CTR) and other prevention/risk reduction activity. Monthly Submit in real time – HIV Data www.hapis.org Contract Attachment E Injecting Drug Users 90% Capacity Treatment Report Quarterly – Oct-Dec; Jan-March; April-June; July-Sept January 31, April 30, July 31, and October 31 (Last day of the month, following the end of the quarter) EGrAMS – Attachment Report Contract Attachment E Integrated Services for People with Co-occurring Mental Health and Substance Use Disorders – Narrative Report (Applies Only To Agencies Who Have Allocations For This Program) Quarterly – Oct-Dec; Jan-March; April-June; July-Sept January 31, April 30, July 31, and October 31 (Last day of the month, following the end of the quarter) EGrAMS – Attachment Report Contract Attachment E Legislative Report/Section 408 (formerly entitled Substance Abuse Entity Inventory/ Legislative Report) Fiscal Year 2010 January 31, 2011 – for prior fiscal year EGrAMS – Attachment Report Instructions will be issued by December 10 annually. Notice of Excess or Insufficient Funds Fiscal Year 2010 May June 1, 2009 EGrAMS – Attachment Report Contract Attachment A Performance Indicators Quarterly – Oct-Dec; Jan-March; April-June; July-Sept February 28, May 31, August 31, and November 30 (Two months following the end of the quarter) EGrAMS – Statistical Report Contract Attachment E Commissioners Minutes Continued. January 20, 2010 144 Attachment C Required Reports – Fiscal Year (FY) 2010 Att_C Required Reports FY2010 Initial.doc Page 4 of 6 Document Title/Data Submissions Period Covered Due Date Where to Submit Instructions & Specifications Preliminary Closeout Report Schedule (Identified in EGrAMS as an Obligations Report) Fiscal Year 2010 September 2010 Determined by DMB, in August, at year- end closing. EGrAMS – Attachment Statistical Report (BFA/Accounting) Contract Part II Prevention Expenditures by Strategy Report Fiscal Year 2010 January 31, 2010 EGrAMS – Attachment Report Contract Attachment E Prevention Report for SAPT/Block Grant (REVISED) Fiscal Year 2008 (Required, if not previously submitted) August 15, 2010 EGrAMS – Attachment Report Contract Attachment E Priority Populations Waiting List Deficiencies Report Monthly End of the month following the month in which the exception occurred EGrAMS – Statistical Report Contract Attachment E Problem Gambling Integrated Treatment Project Report – Monthly (Applies Only To Agencies Who Have Allocations For This Program) Monthly Last day of the month following the month in which the activity occurred EGrAMS – Attachment Report Contract Attachments A and E Problem Gambling Integrated Treatment Project Report – Final Year-end (Applies Only To Agencies Who Have Allocations For This Program) Fiscal Year 2010 October 31, 2010 EGrAMS – Attachment Report Contract Attachments A and E Revenues and Expenditures Report (RER) including ABW/MIChild Balance Worksheet – Final Fiscal Year 2010 January 31, 2011 EGrAMS – Attachment Report Contract Attachment B Sentinel Events Data Report (residential treatment only) Semi- Annual CA Summary April 30, 2010 and October 31, 2010 (Last day of the month following the end of the 2nd & 4th quarters) EGrAMS – Attachment Report Contract Attachment E Commissioners Minutes Continued. January 20, 2010 145 Attachment C Required Reports – Fiscal Year (FY) 2010 Att_C Required Reports FY2010 Initial.doc Page 5 of 6 Document Title/Data Submissions Period Covered Due Date Where to Submit Instructions & Specifications Special Projects, Earmark-funded: Flint Odyssey House Hispanic Services Sacred Heart Rehab Center Saginaw Odyssey House (Applies Only To Agencies Who Have Earmarked Allocations For These Programs) Fiscal Year 2010 November 30, 2010 EGrAMS – Attachment Report Contract Attachments A and E State Prevention Framework, State Incentive Grant (SPF/SIG) Budget/Expenditure Report— TO BE DETERMINED 1st 6 months of Fiscal Year 2010 April 30, 2010 EGrAMS – Attachment Report Contract Attachments A and B SPF/SIG Budget/Expenditure Report – Final Report— TO BE DETERMINED FY2010 November 30, 2010 EGrAMS – Attachment Report Contract Attachments A and B Substance Use Disorder Prevention Data Set (SUDPDS) Monthly Last day of month www.sudpds.com Contract Attachment E Tobacco/Formal Synar – Youth Access to Tobacco (YTA) Compliance Checks Report July 1-31, 2010 August 15, 2010 EGrAMS – Attachment Report Instructions to be e-mailed to agencies in June 2010 Tobacco Retailer Listing – Improved (REVISED) Annual March 31, 2010 EGrAMS – Attachment Report Contract Attachment E Treatment Episode Data Set (TEDS) Monthly Last day of each month Via DEG to MDCH /MIS Operations (See last page of Attachment C) Contract Attachment E Women’s Specialty Services Report (REVISED) Fiscal Year 2010 January 31, 2011 EGrAMS – Attachment Report Contract Attachment E Youth Access to Tobacco Activity Annual Report Fiscal Year 2010 October 31, 2010 EGrAMS – Attachment Report Contract Attachment E Commissioners Minutes Continued. January 20, 2010 146 Attachment C Required Reports – Fiscal Year (FY) 2010 Att_C Required Reports FY2010 Initial.doc Page 6 of 6 To submit via DEG to MDCH/MIS Operations: Client Admission and Discharge Client records must be sent electronically to: Michigan Department of Community Health Michigan Department of Information Technology Data Exchange Gateway (DEG) For admissions: put c:\4823 4823@dchbull For discharges: put c:\4824 4824@dchbull To send to the Office of Audit: Paper versions of reports should be via: U.S. mail to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479 Lansing, MI 48909-7979 Overnight services (UPS, FedEx) to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section Capitol Commons Center 400 S. Pine Street Lansing, MI 48933 Alternatives to paper filing may be viewed at: http://www.michigan.gov/mdch/0,1607,7-132-2946_43164_43171-150870--,00.html Commissioners Minutes Continued. January 20, 2010 147 Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 1 of 11 FINANCIAL STATUS REPORT Form Preparation Instructions MICHIGAN DEPARTMENT OF COMMUNITY HEALTH I. INTRODUCTION: The Financial Status Report (FSR) is used to provide a standardized format for reporting the financial status of individual programs. All expenditures and revenues for the State Agreement Amounts are reported on the FSR. The FSR is prepared shortly after the end of each quarter and must be submitted to the Michigan Department of Community Health, Bureau of Finance through MI E-Grants, no later than the last day of the month following the end of each fiscal quarter. The fourth quarter FSR must be marked as final and is due sixty (60) days after the end of the agreement. In addition, a final Revenue and Expenditure Report (RER) is required and due as specified in the program agreement and must reflect actual revenues and expenditures. See attachments A, B and C of the agreement for provisions and reporting instructions specific to the Revenue and Expenditure report. The FSR is to be prepared reporting expenditures on a cash or accrued basis and revenue on an accrued basis. See following definitions: Cash Expenditures - Actual cash outlays for goods and services received. Accrued Expenditures - Goods and services received, but not yet paid for. Accrued Revenue - Total revenue earned, including amounts received and amounts earned and not received. The amount of accrued revenue must be in compliance with available funding sources per terms of the agreement. II. DISTRIBUTION: FSRs are submitted electronically through MI E-Grants in accordance with the following instructions and will be reviewed by the Contract Manager and once approved, forwarded electronically to: MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BUREAU OF FINANCE ACCOUNTING DIVISION P.O. BOX 30720 LANSING MI 48909-8220 One Copy – An electronic or printed copy of the FSR should be retained by Local Agency III. RETENTION: This report should be retained for a period complying with the retention policies established in the agreement. Commissioners Minutes Continued. January 20, 2010 148 Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 2 of 11 IV. Submitting the FSR in MI E-Grants The FSR is submitted to the Contract Manager through MI E-Grants and is used to report quarterly expenditures and document revenues spent for State Agreement funded activities. The FSR in MI E-Grants can only be submitted by an individual assigned the Financial Officer permission by the Grantee Agency’s Project Director. Other individuals assigned a different permission (i.e., project director, report administrator and/or authorized official) can enter data into the FSR, but only the person with the financial officer permission can submit the report for approval. To complete and submit the quarterly FSR, the user navigates to the Progress Reports screen. 1. User logs into MI E-Grants system by entering username and password. 2. User selects the FSR by choosing the following from the drop down menu and clicking the Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 3 of 11 c. Reports that appear in red are past due. 3. Enter selected FSR report by clicking on the report name. FSR Overview The FSR provides a standardized format for reporting the financial status of individual programs. All expenditures and revenues for a particular program are reported on the FSR. Worksheet Tabs: The FSR contains two tabs. Each tab contains a worksheet that the user must complete in order to submit the FSR. Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 4 of 11 Data Entry Procedure: 1. In the Expenditures tab, click the blue hyperlinks within each major activity category to open the category detail screen. Only categories that have been budgeted will display the blue hyperlinks. 2. On the category detail screen, record current expenditure amounts into the appropriate fields that correspond with each category activity. Only the boxes in the ‘Current’ column are used. The remaining fields automatically calculate. 3. After the first quarter FSR report is submitted, corrections to a prior reporting period can be made by clicking on the Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 5 of 11 MI E-Grants populates the budget column to reflect the revenue amounts of the current executed agreement/amendment. During each report submission, the user enters the amount of funds used from each identified budget category into the Current column. MI E-Grants automatically calculates the YTD and Balance columns to assure accuracy. MI E-Grants also provides the user with the Total Expenditures from the Expenditure worksheet for quick reference. Data Entry Procedure: Entries on the Source of Funds tab are done directly on the page. The Source of Funds data form is similar to the Expenditures data form, but the Source of Funds form collects only the total amount for each category. 1. Click in the ‘Current’ column and enter in the state amount spent for each activity. Only the boxes in the ‘Current’ column are used. The remaining boxes are automatically calculated. 2. When finished with the form, click the button at the bottom of the screen. Validation Process: The user clicks the Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 6 of 11 Attachments: Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 7 of 11 V. UNDERSTANDING THE SYSTEM GENERATED FSR REPORT: MI E-Grants generates a Financial Status Report in .PDF form which contains the following fields and reflects the information indicated. Please see attached sample document. A. FE ID Number – Federal ID Number. Field is populated by system from information entered in the Grantee Agency screen. B. Local Agency Name - Name of the local agency. Field is populated by system from information entered in the Grantee Agency screen. C. Street Address - Street address of the local agency. Field is populated by system from information entered in the Grantee Agency screen. D. City, State, ZIP Code - City, State, and ZIP Code of the local agency. Field is populated by system from information entered in the Grantee Agency screen. E. Contract Number - Department of Community Health Contract Number. Field is populated by system. F. Program - Title of the program. Field is populated by system. G. Report Period - Enter the inclusive date of the quarterly report. Field is populated by system. Check box if FINAL REPORT. H. Agreement Period - Inclusive dates of the agreement. Field is populated by system. I. Code – This field is no longer used. J. Date Prepared - Enter Date on which the report is prepared. Field is populated by system. K. Operational Advance - This field is not applicable. Expenditures: L. Current Period - Enter the current period expenditures for the following items. Expenditures must include only those authorized under the terms of the agreement, as specified in the budget column. CA Discretionary Revisions must be reported on the Final RER submission only. Report all expenditures related to the State Agreement amount. (The current period must represent the report period.) 1. Community Grant - This category includes allowable expenditures related to the performance of activities supported by Community Grant funds as identified by the following subcategories: Administration, Treatment, State share of ABW and MI-Child, Women’s Specialty targets and Special Earmarked Projects as defined in Attachments A and B. a. Administration – Enter expenditures associated with providing administration services. b. Treatment – Enter expenditures associated with providing treatment services. Commissioners Minutes Continued. January 20, 2010 154 Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 8 of 11 c. Women’s Specialty – Enter state share of expenditures associated with the Women’s Specialty target. d. State share of ABW – Enter the state share of expenditures associated with providing ABW services. For those agencies planning to spend Community Grant funds over and above the Federal and State shares of ABW PEPM revenue, include the additional amount in this subcategory. e. State share of MI-Child - Enter the state share of expenditures associated with providing MI-Child services. f. Other (Special Earmarked Projects) – Special earmarked funds are identified in the agency’s initial fiscal year allocation letter and may include: Odyssey House, Sacred Heart, Hispanic Services or other identified programs. Enter expenditures associated with the Special Earmarked Project services. 2. Prevention - This category includes allowable expenditures related to the performance of prevention activities as defined in Attachments A and B. 3. Communicable Disease - This category includes allowable expenditures related to the performance of communicable disease activities as defined in Attachments A and B. 4. State Disability Assistance - This category includes allowable expenditures related to the performance of State Disability Assistance activities as defined in Attachments A and B. 5. Strategic Planning Framework/State Incentive Grant (SPF/SIG) – This category includes allowable expenditures related to the performance of SPF/SIG activities as defined in Attachments A and B. 6. Fetal Alcohol Syndrome Disorder (FASD) Award – This category includes allowable expenditures related to the performance of FASD activities as defined in Attachments A and B. 7. Problem Gambling Prevention/Treatment – This category includes allowable expenditures related to the performance of problem gambling prevention/treatment activities as defined in Attachments A and B. 8. Integrated Treatment – MH Block Grant – This category includes allowable expenditures related to the performance of MH Block Grant activities as defined in Attachments A and B. 9. Integrated Treatment – SAPT Block Grant – This category includes allowable expenditures related to the performance of SAPT Block Grant activities as defined in Attachments A and B. 10. Total State Agreement – This line sums each of the columns and reflects expenditures incurred against the State Agreement amount. 11. Total Expenditures – This line sums each of the columns and reflects total expenditures reported for this report. Commissioners Minutes Continued. January 20, 2010 155 Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 9 of 11 M. Correction Period – Corrections column is enabled after the first reporting period and is used to correct any over or understatement of expenditures from a prior period. N. Expenditures Agreement YTD Column – System sums the "Current Period" amounts from this period's report and the "Agreement YTD" amounts from the previously submitted period reports for each item (lines 1-11) in the Agreement YTD Column. Enter only amounts for the current agreement period in this column. O. Agreement Budget Column – System displays the most current approved budget at the time that reporting was initiated. If the FSR is in process at the time a budget amendment is executed, the revised budget will be reflected in the next period’s FSR. P. Agreement Balance Column - These balances are computed by subtracting the "Agreement YTD" expenditure amount from the "Budget" amount for each item. Show overages as negative amounts. Q. Expend% - System calculates the percentage of funds expended by dividing the “Agreement YTD” expenditure amount by the “Budget” amount for each item. Show overages as amounts greater than 100%. Source of Funds (Revenues): R. State Amount - Enter the current period revenues for the following State Agreement items. Revenues must equal expenditures. (The current period must represent the report period.) 1. Community Grant 2. Prevention 3. Communicable Disease 4. State Disability Assistance 5. Strategic Planning Framework/State Incentive Grant (SPF/SIG) 6. Fetal Alcohol Syndrome Disorder (FASD) Award 7. Problem Gambling Prevention/Treatment 8. Integrated Treatment – MH Block Grant 9. Integrated Treatment – SAPT Block 10. Total State Agreement – This line sums each of the columns and reflects revenues requested through this report. 11. Total Funding – This line sums each of the columns and reflects total revenues reported through this report. S. Total – System sums the total for each item. Commissioners Minutes Continued. January 20, 2010 156 Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 10 of 11 T. Correction - Correction column is enabled after the first reporting period and is used to correct any over or understatement of expenditures from a prior period. If corrections are entered for an item on the Expenditure tab, they must also be entered into the Source of Funds tab. U. Revenue Agreement YTD Column – System sums the "Current Period" amounts from this period's report and the "Agreement YTD" amounts from the previously submitted period reports for each item (lines 1-11) in the Agreement YTD Column. V. Agreement Budget Column – System displays the most current approved budget at the time that reporting was initiated. If the FSR is in process at the time a budget amendment is executed, the revised budget will be reflected in the next period’s FSR. W. Agreement Balance Column - These balances are computed by subtracting the "Agreement YTD" expenditure amount from the "Budget" amount for each item. Show overages as negative amounts. X. Expend% - System calculates the percentage of funds expended by dividing the “Agreement YTD” expenditure amount by the “Budget” amount for each item. Show overages as amounts greater than 100%. Y. Authorized Signature and Date Signed – The report may only be submitted by individuals assigned the Financial Officer permission. The individual submitting the report certifies that the documentation and records are available and easily accessible in support of all the data contained on the report. The individual submitting the report on behalf of the local agency certifies that he/she is authorized to submit the report on behalf of the local agency. Any item found as a result of audits to be improper or undocumented will be subject to an audit citation and generally will require a payment adjustment. Field remains blank but system tracks name, permission, date and time of submission. Z. FOR STATE USE ONLY - This section of the form is for State use only. Commissioners Minutes Continued. January 20, 2010 157 Attachment D Att D_FSR Instructions FY2010 Initial.doc Page 11 of 11 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FINANCIAL STATUS REPORT FINAL REPORTING A final Financial Status Report is due within sixty days of the end of the agreement period and must be marked “FINAL”. A final Revenue and Expenditure Report (RER) is due by January 31 following the end of the fiscal year. The agency is required to liquidate all accounts payable and encumberances by December 31 (see definitions below). Failure to meet these final reporting deadlines may result in the loss of funding requested on the Preliminary Close-out Report/Obligation Report and may result in the potential reduction in the subsequent year’s agreement amount. In addition to submitting FSRs, other financial information will be requested to assist DCH in properly closing the State’s fiscal year (September 30). This information will help ensure sufficient funds have been reserved by the state to make reimbursement for the contract in the State’s upcoming fiscal year. The additional financial information required will include an estimate of open commitments and obligations incurred as of September 30, but not yet paid. The DCH Accounting Division will provide detailed instructions for reporting additional financial information mid-August of each year. DEFINITIONS: • Accounts Payable - Obligations for goods or services received, which have not been paid for as of the end of the agreement period. • Encumbrances - Commitments at the end of the agreement period related to unperformed (executory) contracts for goods and services. Note: If a contract does not end on September 30th it is still necessary to estimate accounts payable as of September 30th. All inquiries regarding financial reporting issues should be directed to the Expenditure Operations Section of the Accounting Division. References: Michigan Department of Management and Budget • Guide to State Government (1210.27). • Year-End Closing Guide. Federal OMB Circular A-102 (Revised & DHHS Common Rule). Commissioners Minutes Continued. January 20, 2010 158 Att E_Table of Contents FY2010 Initial.doc Page 1 of 3 ATTACHMENT E OTHER REQUIREMENTS I. DATA REQUIREMENTS Data Collection/Recording and Reporting Requirements—Revised September 2007 Instructions for Data Submission for the Fetal Alcohol Spectrum Disorders (FASD) Prevention and Intervention Project—Effective February 2, 2008; Revised June 2009 (Applies Only To Agencies Who Have Allocations For This Program) Instructions for Treatment Episode Data Set (TEDS) Submission for Substance Abuse Services Coordinating Agencies; Revised September 2008 Performance Indicators for Substance Abuse Services: Electronic Submission Forms; Revised August 2007 Sentinel Event Reporting Guidance; Revised August 2007 Substance Abuse Encounter Reporting: HCPCS and Revenue Codes-- August 2007; Revised August 2009 Substance Use Disorder Prevention Data Set System Reference Manual— Effective October 1, 2007; Revised April 29, 2008 Supplemental Instructions to Substance Abuse Coordinating Agencies for 837 Encounter Data Submission; Revised August 2007 II. METHADONE REQUIREMENTS Treatment Policy #03, Buprenorphine--Effective October 1, 2006 Treatment Policy #04, Off-site Dosing Requirements for Medication-Assisted Treatment--Effective December 1, 2006 Treatment Policy #05, Enrollment Criteria for Methadone Maintenance and Detoxification Program; Revised January 1, 2008 Commissioners Minutes Continued. January 20, 2010 159 Att E_Table of Contents FY2010 Initial.doc Page 2 of 3 III. PREVENTION REQUIREMENTS Prevention Policy #01, Synar—Effective October 1, 2006 Prevention Policy #02, Addressing Communicable Disease Issues in the Substance Abuse Network—Effective October 1, 2006 Tobacco Retailer Master List Updates Improvement And Clarification Process Instructions--Effective October 1, 2007; Revised August 2009 IV. REPORTING REQUIREMENTS Communicable Disease Provider Contact Information—August 2008 Communicable Disease Provider Information Plan/Report and Instructions; Revised August 2008 HIV Data Reporting Requirements (HAPIS)—June 2009 Injecting Drug Users 90% Capacity Treatment Report/Instructions—August 2008 Integrated Services for People with Co-occurring Mental Health And Substance Use Disorders Narrative Report—August 2008; Revised June 2009 Prevention Expenditures by Strategy Report/Instructions—August 2005 Prevention Report for SAPT Block Grant Report/Instructions—For FY2008; Revised August 2009 Priority Populations Waiting List Deficiencies Report/Instructions—August 2005; Revised January 1, 2006 Problem Gambling Integrated Treatment Project Report—Effective July 1, 2008; Revised August 2009 (Applies Only To Agencies Who Have Allocations For This Program) Special Projects Report: Earmarked-Funded—Effective October 1, 2007; Revised June 2009 (Applies Only To Agencies Who Have Allocations For ODCP-identified, Statewide Programs) Women’s Specialty Services Report/Instructions; Revised August 2009 Youth Access to Tobacco Activity Annual Report—August 2005; Revised June 2009 Commissioners Minutes Continued. January 20, 2010 160 Att E_Table of Contents FY2010 Initial.doc Page 3 of 3 V. CREDENTIALING AND STAFF QUALIFICATION REQUIREMENTS Credentialing and Staff Qualification Requirements for the CA Provider Network—Effective June 30, 2009; Revised August 2009 VI. TECHNICAL ADVISORIES Contract Technical Advisory #01, Local Advisory Council Guidelines--Issued August 9, 1990; Reissued September 18, 2006 Treatment Technical Advisory #01, Suboxone® Use in an Opioid Treatment Program—Issued December 1, 2005 Treatment Technical Advisory #04, Fetal Alcohol Spectrum Disorders—Issued January 1, 2007 Treatment Technical Advisory #05, Welcoming--Issued October 1, 2006 Treatment Technical Advisory #06, Counseling Requirements for Clients Receiving Methadone Treatment—Issued August 10, 2007 Treatment Technical Advisory #07, Peer Recovery/Recovery Support—Issued March 17, 2008 VII. TREATMENT REQUIREMENTS Treatment Policy #02, Acupuncture—Effective May 1, 1994; Reissued March 2007 Treatment Policy #06, Individualized Treatment Planning—Effective October 1, 2006 Treatment Policy #07, Access Management System—Effective November 1, 2006 Treatment Policy #08, Substance Abuse Case Management Program Requirements—Effective January 1, 2008 Treatment Policy #09, Outpatient Treatment Continuum of Services—Effective June 20, 2008 Commissioners Minutes Continued. January 20, 2010 161 Att E_Data collect_record_rpt req FY2010 Initial.doc Page 1 of 6 MICHIGAN DEPARTMENT OF COMMMUNITY HEALTH DATA COLLECTION/RECORDING AND REPORTING REQUIREMENTS for COORDINATING AGENCIES (CAs)- Effective 10/1/2007 Overview of Reporting Requirements The reporting of substance abuse services data by the Substance Abuse Coordinating Agency (CA) as described in this material meets several purposes at MDCH including: -Federal data reporting for the SAPT Block Grant application and progress report, as well as for the treatment episode data set (TEDS) reported to the federal Office of Applied Studies, SAMHSA. -Managed Care Contract Management -System Performance Improvement -Statewide Planning -CMS Reporting -Actuarial activities Special reports or development of additional reporting requirements beyond the initial data and reports required by the Department may be requested within the established parameters of the contract. The CA will likely maintain, for management and local decision-making, additional information to that specified in the reporting requirements. Standards for collecting and reporting data continue to evolve. Where standards and data definitions exist, it is expected that each CA will meet those standards and use the definitions in order to assure uniform reporting across the state. Likewise, it is imperative that the CA employs quality control measures to check the integrity of the data before it is submitted to MDCH. Error reports generated by MDCH will be available to the submitting CA the day following a DEG submission. MDCH’s expectation is that the records that receive error Ids will be corrected and resubmitted as soon as possible. The records in the error file are cumulative and will remain errors until they have been corrected. Individual services recipient data received at MDCH are kept confidential and are always reported out in aggregate. Only a limited number of MDCH staff can access the data that contains any possible individual client identifiers. (Social Security number, date of birth, diagnosis, etc.) All persons with such data access have signed assurances with MDCH indicating that they are knowledgeable about substance abuse services Commissioners Minutes Continued. January 20, 2010 162 Att E_Data collect_record_rpt req FY2010 Initial.doc Page 2 of 6 confidentiality regulations and agree to adhere to these and other departmental safeguards and protections for data. Technical specifications-- including file formats, error descriptions, edit/error criteria, and explanatory materials on record submission with associated record tagging requirements at the CA level to assure data synchronization with MDCH data records, are in the Instructions for Treatment Episode Data Set (TEDS) Submission for Substance Abuse Coordinating Agencies. Reporting covered by these specifications includes the following: -TEDS Admission Records (due monthly) -TEDS Discharge Records (due monthly) -837 Encounter Records A. Basis of Data Reporting The basis for data reporting policies for Michigan substance abuse services includes: 1. Federal funding awarded to Michigan through the Substance Abuse Prevention and Treatment (SAPT) federal block grant to share in support of substance abuse treatment and prevention requires submission of proposed budgets and plans. Resources and plans must be reviewed and considered by the State in light of statewide needs for substance abuse services. 2. Public Act 368 of 1978, as amended, requires that the department develop: A comprehensive State plan through the use of federal, State, local, and private resources of adequate services and facilities for the prevention and control of substance abuse and diagnosis, treatment, and rehabilitation of individuals who are substance abusers. In addition, the department shall: Establish a statewide information system for the collection of statistics, management data, and other information required. Collect, analyze and disseminate data concerning substance abuse treatment and rehabilitation services and prevention services. Conduct and provide grant-in-aid funds to conduct research on the incidence, prevalence, causes, and treatment of substance abuse and Commissioners Minutes Continued. January 20, 2010 163 Att E_Data collect_record_rpt req FY2010 Initial.doc Page 3 of 6 disseminate this information to the public and to substance abuse services professionals. 3. Comprehensive planning requires statewide needs assessments to include identification of the extent and characteristics of both risks for development and current substance abuse problems for the citizens of Michigan. B. Policies and Requirements Regarding Data Treatment Data reporting will encompass Substance Abuse (SA) services provided to clients supported in whole or in part with state administered funds through funds for SA services to Medicaid recipients included in CA contracts. Definitions: State administered funds: Any state or federal funding provided by the MDCH/DSAGS/SA contract. Funds provided include federal SAPT Block Grant, state general funds, MIChild, ABW, and other categorical or special funds. Medicaid funds that are covered under the MDCH/PIHP contract are considered state administered funds. Data: Client admission and discharge records (for treatment services), and client institutional and professional encounter records, and backup required to produce this information (e.g. billings from providers, services logs, etc.). Prevention services data are not addressed herein. Services: Substance abuse treatment (residential, residential detox, intensive outpatient, outpatient, including pharmacological supports as part of above), substance abuse assessment (screening, assessment, referral and follow-up) provided by appropriately state licensed programs. Prevention services data are not addressed herein. Supported in whole or in part: Describes those services for which the CA pays, inclusive of co-pays with other sources of funds (e.g. first party, third party insurance, and/or other funding sources). Policy: Reporting is required for all clients whose services are paid in whole or in part with state administered funds regardless of the type of co-pay or shared funding arrangement made for the services. This includes both co-pay arrangements where public funds are applied from the starting date of admission to a service, as well as those where public funds are applied subsequent to the application of other funding or payments. Commissioners Minutes Continued. January 20, 2010 164 Att E_Data collect_record_rpt req FY2010 Initial.doc Page 4 of 6 For purposes of MDCH reporting, an admission is defined as the formal acceptance of a client into substance abuse treatment. An admission has occurred if and only if the client begins treatment. A client is defined as a person who has been admitted for treatment of his/her own drug problem. A co-dependent (a person with no alcohol or drug abuse problem who is seeking services because of problems arising from his or her relationship with an alcohol or drug user) who has been formally admitted to a treatment unit and who has his/her own client record also should be reported with the record indicating his/her co- dependency. A client’s episode of treatment is tracked by service category and by license number. The first event at a new provider or in a new service category is an admission and the last event is a discharge. Any change in service and/or provider during a treatment episode should be reported as a discharge, with transfer given as the reason for discharge. For reporting purposes, “completion of treatment” is defined as the completion of ALL planned treatment for the current episode. Completion of treatment at one level of care or with one provider is not “completion of treatment” if there is additional treatment planned or expected as part of the current episode. The reason for discharge given in all instances where the treatment has not been terminated should be 06 (Transfer-Continuing in Treatment). The code of 06 will identify the fact that the client’s treatment episode did not terminate on the date reported. 1. Data definitions, coding and instructions issued by MDCH apply as written. Where a conflict or difference exists between MDCH definitions and information developed by the CA or locally contracted data system consultants, the MDCH definitions are to be used. 2. All data collected and recorded on admission and discharge forms shall be reported using the proper Michigan Department of Consumer and Industry Services (MDCIS) substance abuse services site license number. MDCIS license numbers are the primary basis for recording and reporting data to MDCH at the program level, along with the National Provider Identifier (NPI). 3. Combined reporting of client data in data uploads from more than one license site number is not acceptable or allowable, regardless of how a CA funds a provider organization. 4. Failure to assure initial set up and maintenance of the proper site license number and CA code will result in data that will be treated as errors by MDCH. Any data submitted to MDCH with improper license numbers will be rejected in full. The necessary corrections and data resubmissions will be the sole responsibility of the CA in cooperation with the involved service providers. Commissioners Minutes Continued. January 20, 2010 165 Att E_Data collect_record_rpt req FY2010 Initial.doc Page 5 of 6 5. There must be a unique Substance Abuse client identifier assigned and reported. It can be up to 11 characters in length, all numeric. This same number is to be used to report data for all admissions and encounters for the individual within the CA. It is recommended that a method be established by the CA and funded programs to ensure that each individual is assigned the same identification number regardless of how many times he/she enters services in any program in the region, and that the client number be assigned to only one individual. 6. Any changes or corrections made at the CA on forms or records submitted by the program must be made on the corresponding forms and appropriate records maintained by the program. Failure to maintain corresponding data at the CA and program levels will result in data audit exceptions on discovery of discrepancies during an MDCH on-site data audit/review. Each CA and its programs shall establish a process for making necessary edits and corrections to ensure identical records. The CA is responsible for making sure records at the state level are also corrected via submission of change records in data uploads. 7. Providers of residential and/or detoxification services must maintain a daily client census log that contains a listing of each individual client in treatment. This listing can be made in client name or using the client identification number. Census must be taken at approximately the same time each day, such as when residents are expected to be in bed. MDCH or the CA will review the daily client census logs in data auditing site visits. 8. Providers of pharmacological support services (either methadone or buprenorphine) must maintain a log that contains a listing of each client in treatment, and their daily dosages of these medications provided by the program. MDCH or the CA will review these logs in data auditing site visits 9. Diagnosis coding on client data forms shall be consistent with the client's substance abuse treatment plan. If there is more than one substance abuse diagnosis determined, then the secondary diagnosis code should be reported accordingly. Diagnosis codes on the data records must be consistent with those listed on other client documentation (such as billing forms, etc.). Codes should be entered using only the proper DSM-IV definitions for substance abuse and other related problems that are being treated. 10. The primary diagnosis should correspond to the primary substance of abuse reported at admission. The secondary diagnosis may or may not be consistent with the secondary substance of abuse if another diagnosis better reflects a more serious secondary problem than the secondary substance. 11. CAs must make corrections to all records that are submitted but fail to pass the error checking routine. All records that receive an error code are placed in an error master file and are not included in the analytical database. Unless acted upon, they remain in the error file and are not removed by MDCH. Commissioners Minutes Continued. January 20, 2010 166 Att E_Data collect_record_rpt req FY2010 Initial.doc Page 6 of 6 12. The CA is responsible for generating each month's data upload to MDCH consistent with established protocols and procedures. Monthly and quarterly data uploads must be received by MDCH via the DEG no later than the last day of the following month. 13. Treatment clients may be admitted to more than one program or one service category at the same time. However, only the highest priority admission is reported under TEDS. The priority ranking is as follows: 1) Detoxification Services; 2) Long-term Residential; 3) Short-term residential; 4) Intensive Outpatient Services; 5) Outpatient with methadone or buprenorphine as part of services; 6) Outpatient; and 7) Case Management Services. 14. The CA must communicate data collection, recording and reporting requirements to local providers as part of the contractual documentation. CAs may not add to or modify any of the above to conflict with or substantively affect State policy and expectations as contained herein. 15. Statements of MDCH policy, clarifications, modifications, or additional requirements may be necessary and warranted. Documentation shall be forwarded accordingly. 16. Treatment clients who have not had any treatment activity in a 45-day period shall be considered inactive and their case discharged. A treatment discharge record should be completed and submitted; the effective date of discharge will be the last date of actual contact with the program. The record should be completed and submitted based on the client’s status as of the last date of service; records with all data items marked as unknown or left blank are not acceptable. Commissioners Minutes Continued. January 20, 2010 167 Michigan Department of Community Health Page 1 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) MICHIGAN DEPARTMENT OF COMMUNITY HEALTH INSTRUCTIONS For: Treatment Episode Data Set (TEDS) DATA SUBMISSION FOR SUBSTANCE ABUSE COORDINATING AGENCIES FY 2010 Commissioners Minutes Continued. January 20, 2010 168 Michigan Department of Community Health Page 2 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Substance Abuse Treatment Episode Data Set (TEDS) File SA Admission File Format SA Admission Header Format Field Name Type Size Begin End Comments Note: Any errors on the HDDR or TRLR record will cause the entire file to reject and be returned to the appropriate submitter via the Data Exchange Gateway (DEG) via the 4823 file. EDI TYPE Text 4 1 4 “HDDR” EDI APP Text 2 5 6 “MA” EDI USER EDI USER - prefix Text 5 7 11 “DCH00” (DCH zero zero) EDI USER - CA ID Text 2 12 13 Service Bureau ID EDI USER - suffix Text 1 14 14 Blank EDI CREATION DATE Text 8 15 22 YYYYMMDD EDI TRANSFER DATE Text 8 23 30 YYYYMMDD EDI TRANSFER TIME Text 4 31 34 HHMM EDI FILE NAME Text 4 35 38 4823 EDI RUN TYPE Text 1 39 39 “P” for production or “T” for test EDI BATCH IDENTIFIER Text 3 40 42 Unique batch identifier assigned by CA FILLER Text 146 43 188 SA Admission Input File Format Field Name Type Size Begin End Comments Note: An Admission Record is stored using the following key values: CA Payer ID, Social Security Number, CA Client ID, Admission Date, Admission Time of Day, Admission Service Category. Each Admission Record must have the following unique key values: CA Payer ID, License Number, Social Security Number, CA Client ID, Admission Date, Admission Time of Day. Record Type Text 1 1 1 A=Admission T=Transfer Y=Transition-in Submission Type Text 1 2 2 A=Add C=Change D=Delete E=Error Commissioners Minutes Continued. January 20, 2010 169 Michigan Department of Community Health Page 3 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments CA Code CA Name 001182841 Salvation Army-Harbor Light 001183024 Riverhaven 001182930 Kalamazoo 001182903 Macomb 001182850 Washtenaw 001183123 Pathways 001182832 Genesee 001182878 Lakeshore 001183052 Mid-South 001183061 Network180 001183104 Northern 001182896 Oakland 001182869 Saginaw 001182976 SEMCA na St. Clair Co. HD 001182994 Western Upper Peninsula 001183033 Detroit 001182887 Thumb Alliance 001183169 Venture CA Payer ID Text 9 3 11 License Number Text 6 12 17 DCIS License Number Social Security Number Text 9 18 26 CA Client Identifier Text 11 27 37 Medicaid Identifier Text 10 38 47 Must be blank if not applicable Admission Type Text 1 48 48 1 = first admission 2 = readmission Co-Dependent Text 1 49 49 1 = yes 2 = no Date of Admission Text 8 50 57 CCYYMMDD Code Description 11 Outpatient 21 Residential detoxification 22 Residential - short-term (no more than 29 days) 24 Residential - long-term (30 day or more) 31 Intensive outpatient 61 Case Mangement Service Category Text 2 58 59 Number of Prior Treatments Text 2 60 61 Number as reported Code Description 01 Outpatient Referral Source Text 2 62 63 05 Residential detoxification Commissioners Minutes Continued. January 20, 2010 170 Michigan Department of Community Health Page 4 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 06 Residential 09 Intensive outpatient 10 Hospital: SA program 13 CDR 14 Other SARF 18 Prevention 19 Student assistance program 20 Drug Court - Adult 21 Drug Court -Adolescent 22 Community Corrections 29 Other SA program 30 Self 31 Family Court 32 Court 33 Probation/Parole 34 Police 35 Secretary of State 36 Lawyer 37 Mental Health 38 Family Independence Agency 39 Family/friend/relative 40 Other human services 41 Employer 42 Union 43 Clergy 44 School 45 Physician 46 Hospital (non-substance abuse) 47 Substance abuse client 48 Alcoholics Anonymous 49 Corrections 90 Other County of Residence Text 2 64 65 Reference Appendix SA County Codes for a list of valid county codes. Date of Birth Text 8 66 73 CCYYMMDD Sex Text 1 74 74 1= Male 2 = Female Code Description 1 Native American 2 Asian or Pacific Islander 3 African American/Black 4 White 5 Hispanic 6 Multi-racial 8 Arab American Race Text 1 75 75 9 Refused to provide Commissioners Minutes Continued. January 20, 2010 171 Michigan Department of Community Health Page 5 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 0 Unknown Code Description 0 Not one of listed groups 1 Puerto Rican 2 Mexican 3 Cuban 4 Other Hispanic 5 Arab Chaldean Ethnicity Text 1 76 76 Code Description 1 Never Married 2 Married/Cohabiting 3 Widowed 4 Divorced 5 Separated Marital Status Text 1 77 77 Military Status Text 1 78 78 1 = yes 2 = no Education Text 2 79 80 00 to 25 number of years of education (e.g., 4 years of college = 16) Currently in Training / Education Text 1 81 81 4 = in training/education program 6 = in special education 7 = is attending college 0 = not applicable Code Description 1 Employed, full time 2 Employed, part time 3 Unemployed - laid off, fired, seasonal, actively sought work in last 30 days 4 Not in competitive labor force - includes homemaker, student age 18 and over, day program participant, resident or inmate of an institution (includes nursing home) 8 Not applicable to the person (e.g., child under age 18) Employment Status Text 1 82 82 Code Description 00 None 10 Alcohol 20 Heroin 21 Methadone (illicit) 22 Other opiates or synthetics 30 Barbituates Primary Substance Text 2 83 84 31 Other sedatives or hypnotics Commissioners Minutes Continued. January 20, 2010 172 Michigan Department of Community Health Page 6 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 32 Other tranquilizers 33 Benzodiazepines 34 GHB, GBL 41 Cocaine 42 Crack Cocaine 43 Methamphetamines 44 Other amphetamines 45 Methcathinone 50 Hallucinogens 51 PCP 52 Marijuana/hashish 53 Ecstasy (MDMA, MDA) 54 Ketamine 60 Inhalants 61 Antidepressants 70 Over-the-counter 72 Steroids 81 Talwin and PBZ 91 Other Code Description 0 Not applicable (drug code was “none”) 1 Oral 2 Smoking 3 Inhalation/intranasal (“snorting”) 4 Injection 5 Other Primary Route Text 1 85 85 Primary Age at First Use Text 2 86 87 2 character age 98 = not applicable (drug code was “none”) Primary Frequency of Use Text 2 88 89 2 characters 00 = not used 02 = 1 or 2 times a month 06 = 1 or 2 times a week 18 = 3-6 times a week 30 = daily use 98 = not applicable (drug code was “none”) Primary Initial Prescription Text 1 90 90 Initially a prescription 0 = not applicable (drug code was “none”) 1 = yes 2 = no Secondary Substance Text 2 91 92 For list of values, reference Primary Substance Secondary Route Text 1 93 93 For list of values, reference Primary Route Secondary Age at First Use Text 2 94 95 2 character age Commissioners Minutes Continued. January 20, 2010 173 Michigan Department of Community Health Page 7 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 98 = not applicable (drug code was “none”) Secondary Frequency of Use Text 2 96 97 2 characters 00 = not used 02 = 1 or 2 times a month 06 = 1 or 2 times a week 18 = 3-6 times a week 30 = daily use 98 = not applicable (drug code was “none”) Secondary Initial Prescription Text 1 98 98 Initially a prescription 0 = not applicable (drug code was “none”) 1 = yes 2 = no Tertiary Substance Text 2 99 100 For list of values, reference Primary Substance Tertiary Route Text 1 101 101 For list of values, reference Primary Route Tertiary Age at First Use Text 2 102 103 2 character age 98 = not applicable (drug code was “none”) Tertiary Frequency of Use Text 2 104 105 2 characters 00 = not used 02 = 1 or 2 times a month 06 = 1 or 2 times a week 18 = 3-6 times a week 30 = daily use 98 = not applicable (drug code was “none”) Tertiary Initial Prescription Text 1 106 106 Initially a prescription 0 = not applicable (drug code was “none”) 1 = yes 2 = no Total Annual Income Number 6 107 112 6 characters, rounded to the nearest whole dollar; no decimal points or commas Number of Dependants Text 2 113 114 Number of dependents claimed in determining ability-to-pay Code Description 00 No status with corrections system 01 In prison 02 In jail 03 Paroled from prison 04 Probation from jail 05 Juvenile detention center 06 Court supervision 08 Awaiting trial 09 Awaiting sentencing Correctional Status Text 2 115 116 10 Refused to provide information Commissioners Minutes Continued. January 20, 2010 174 Michigan Department of Community Health Page 8 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 98 Unknown Total Arrests – 30 days Number 2 117 118 00 if no arrests Arrests - Possession/Sales -- 30 days Number 2 119 120 00 if no arrests Arrests - DUI/DWI – 30 days Number 2 121 122 00 if no arrests Total Arrests - 5 years Number 2 123 124 00 if no arrests Arrests - Possession/Sales - 5 years Number 2 125 126 00 if no arrests Arrests - DUI/DWI - 5 years Number 2 127 128 00 if no arrests Living Arrangement Text 1 129 129 1 = independent 2 = dependent 3 = homeless Methadone Part of Treatment Text 1 130 130 1 = yes (methadone) 2 = no 3 = buprenorphine Primary Diagnosis Text 6 131 136 Reference Appendix SA Diagnosis Codes for a list of the valid values Secondary Diagnosis Text 6 137 142 Secondary Diagnosis may not be the same as Primary Diagnosis Pregnant Text 1 143 143 1 = yes 2 = no Code Description 0 None 2 Adult child 3 Significant other 4 Hearing impaired 5 Visually impaired 6 Head injury 7 Developmentally disabled 8 Mobility impaired 9 Gambling Addiction Other Factor 1 Text 1 144 144 Other Factor 2 Text 1 145 145 For list of values, reference Other Factor 1 Other Factor 3 Text 1 146 146 For list of values, reference Other Factor 1 Time Waiting to Enter Treatment Number 3 147 149 3 digit number of days Primary Language Spoken Alpha 3 150 152 For list of values, refer to http://lcweb.loc.gov/standards/iso639- 2/langhome.html Indication of MH Issues Number 1 153 153 1 = yes 2 = no Drug Court Client Number 1 154 154 1 = yes Commissioners Minutes Continued. January 20, 2010 175 Michigan Department of Community Health Page 9 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 2 = no Admission Time of Day Number 4 155 158 24-hour HHMM Detailed Not in Labor Number 2 159 160 Code Description 01 Homemaker 02 Student 03 Retired 04 Disabled 05 Inmate of Institution 06 Other 07 Not Actively Seeking Work 98 Not Applicable Date of First Contact Number 8 161 168 CCYYMMDD Women’s Specialty Program Text 1 169 169 1= yes 2= no Child Welfare Involvement Text 1 170 170 1= yes 2= no Days of Social Support Text 2 171 172 2 characters 00 = no days of support 02 = 1 or 2 days a month 06 = 1 or 2 days a week 18 = 3-6 days a week 30 = daily support 98 = not applicable Error ID Number 8 173 180 Filler Text 8 181 188 Commissioners Minutes Continued. January 20, 2010 176 Michigan Department of Community Health Page 10 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) SA Admission Trailer Format Field Name Type Size Begin End Comments Note: Any errors on the HDDR or TRLR record will cause the entire file to reject and be returned to the appropriate submitter via the Data Exchange Gateway (DEG) via the 4823 file. EDI TYPE Text 4 1 4 “TRLR” EDI APP Text 2 5 6 “MA” EDI USER EDI USER - prefix Text 5 7 11 “DCH00” (DCH zero zero) EDI USER - CA ID Text 2 12 13 Service Bureau ID EDI USER - suffix Text 1 14 14 Blank EDI CREATION DATE Text 8 15 22 YYYYMMDD EDI TRANSFER DATE Text 8 23 30 YYYYMMDD EDI TRANSFER TIME Text 4 31 34 HHMM EDI FILE NAME Text 4 35 38 4823 EDI RUN TYPE Text 1 39 39 “P” for production or “T” for test EDI BATCH IDENTIFIER Text 3 40 42 Unique batch identifier assigned by CA EDI RECORD COUNT Number 6 43 48 Number of records in a file including the header and trailer FILLER Text 140 49 188 Commissioners Minutes Continued. January 20, 2010 177 Michigan Department of Community Health Page 11 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) SA Discharge File Format SA Discharge Header Format Field Name Type Size Begin End Comments Note: Any errors on the HDDR or TRLR record will cause the entire file to reject and be returned to the appropriate submitter via the Data Exchange Gateway (DEG) via the 4824 file. EDI TYPE Text 4 1 4 “HDDR” EDI APP Text 2 5 6 “MA” EDI USER EDI USER - prefix Text 5 7 11 “DCH00” (DCH zero zero) EDI USER - CA ID Text 2 12 13 Service Bureau ID EDI USER - suffix Text 1 14 14 Blank EDI CREATION DATE Text 8 15 22 YYYYMMDD EDI TRANSFER DATE Text 8 23 30 YYYYMMDD EDI TRANSFER TIME Text 4 31 34 HHMM EDI FILE NAME Text 4 35 38 4824 EDI RUN TYPE Text 1 39 39 “P” for production or “T” for test EDI BATCH IDENTIFIER Text 3 40 42 Unique batch identifier assigned by CA FILLER Text 81 43 123 SA Discharge Input File Format Field Name Type Size Begin End Comments Note: A Discharge Record is stored using the following key values: CA Payer ID, License Number, Social Security Number, CA Client ID, Admission Date, Admission Time of Day, Discharge Service Category. Each Discharge Record must have the following unique key values: CA Payer ID, License Number, Social Security Number, CA Client ID, Admission Date, Admission Time of Day. Record Type Text 1 1 1 D=Discharge X=Transition-out Submission Type Text 1 2 2 A=Add C=Change D=Delete E=Error Commissioners Minutes Continued. January 20, 2010 178 Michigan Department of Community Health Page 12 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments CA Code CA Name 174462881 Riverhaven 174459975 Kalamazoo 174456919 Macomb 174454709 Washtenaw 174458216 Pathways 174464053 Genesee 174455644 Lakeshore 174458190 Mid-South 174464080 CMHSA of West MI 174458207 Northern 174456937 Oakland 174454718 Saginaw 174458243 SE MCA 174456928 Thumb (St. Clair Co) 174463350 Western Upper Peninsula 174811650 Salvation Army Harbor Light 174456991 Detroit 174859458 Thumb Alliance P 174854890 Venture CA Payer ID Text 9 3 11 License Number Text 6 12 17 DCIS License Number Social Security Number Text 9 18 26 CA Client Identifier Text 11 27 37 Medicaid Identifier Text 10 38 47 Must be blank if not applicable Date of Admission Text 8 48 55 CCYYMMDD Code Description 11 Outpatient 21 Residential detoxification 22 Residential - short-term (no more than 29 days) 24 Residential - long-term (30 day or more) 31 Intensive outpatient 61 Case Management Discharge Service Category Text 2 56 57 Code Description 1 Employed, full time 2 Employed, part time Employment Status Text 1 58 58 3 Unemployed - laid off, fired, seasonal, actively sought work in last 30 days Commissioners Minutes Continued. January 20, 2010 179 Michigan Department of Community Health Page 13 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 4 Not in competitive labor force - includes homemaker, student age 18 and over, day program participant, resident or inmate of an institution (includes nursing home) 8 Not applicable to the person (e.g., child under age 18) Code Description 00 None 10 Alcohol 20 Heroin 21 Methadone (illicit) 22 Other opiates or synthetics 30 Barbituates 31 Other sedatives or hypnotics 32 Other tranquilizers 33 Benzodiazepines 34 GHB, GBL 41 Cocaine 42 Crack Cocaine 43 Methamphetamines 44 Other amphetamines 45 Methcathinone 50 Hallucinogens 51 PCP 52 Marijuana/hashish 53 Ecstasy (MDMA, MDA) 54 Ketamine 60 Inhalants 61 Antidepressants 70 Over-the-counter 72 Steroids 81 Talwin and PBZ 91 Other PSA Code Primary Substance Text 2 59 60 Code Description 0 Not applicable (drug code was “none”) 1 Oral 2 Smoking 3 Inhalation/intranasal (“snorting”) 4 Injection 5 Other PSA Route Primary Route Text 1 61 61 PSA Frequency of Use Primary Frequency of Use Text 2 62 63 Number of days drug used in last 30 days 2 characters Commissioners Minutes Continued. January 20, 2010 180 Michigan Department of Community Health Page 14 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments 00 = not used 02 = 1 or 2 times a month 06 = 1 or 2 times a week 18 = 3-6 times a week 30 = daily use 98 = not applicable (drug code was “none”) SSA Code Secondary Substance Text 2 64 65 For list of values, reference Primary Substance SSA Route Secondary Route Text 1 66 66 For list of values, reference Primary Route SSA Frequency of Use Secondary Frequency of Use Text 2 67 68 Number of days drug used in last 30 days 2 characters 00 = not used 02 = 1 or 2 times a month 06 = 1 or 2 times a week 18 = 3-6 times a week 30 = daily use 98 = not applicable (drug code was “none”) TSA Code Tertiary Substance Text 2 69 70 For list of values, reference Primary Substance TSA Route Tertiary Route Text 1 71 71 For list of values, reference Primary Route TSA Frequency of Use Tertiary Frequency of Use Text 2 72 73 Number of days drug used in last 30 days 2 characters 00 = not used 02 = 1 or 2 times a month 06 = 1 or 2 times a week 18 = 3-6 times a week 30 = daily use 98 = not applicable (drug code was “none”) Code Description 00 No status with corrections system 01 In prison 02 In jail 03 Paroled from prison 04 Probation from jail 05 Juvenile detention center 06 Court supervision 08 Awaiting trial 09 Awaiting sentencing 10 Refused to provide information 98 Unknown Correctional Status Text 2 74 75 Total Arrests – 30 days Number 2 76 77 00 if no arrests Commissioners Minutes Continued. January 20, 2010 181 Michigan Department of Community Health Page 15 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments Arrests - Possession/Sales -- 30 days Number 2 78 79 00 if no arrests Arrests - DUI/DWI – 30 days Number 2 80 81 00 if no arrests Living Arrangement Text 1 82 82 1 = independent 2 = dependent 3 = homeless MH Issues Identified Text 1 83 83 1 = none 2 = mild/moderate 3 = severe Date of Discharge Text 8 84 91 CCYYMMDD Code Description 01 Completed treatment 02 Left against staff advice 03 In jail 04 Staff decision for rules violations 05 Death 06 Continuing in treatment - transfer 07 Mutual staff/client decision 08 Early jail release 09 Client relocated 10 Program closed/merged 11 Other Discharge Reason Text 2 92 93 Admission Time of Day Number 4 94 97 24-hour HHMM Discharge Time of Day Number 4 98 101 24-hour HHMM Detailed Not in Labor Number 2 102 103 Code Description 01 Homemaker 02 Student 03 Retired 04 Disabled 05 Inmate of Institution 06 Other 07 Not Actively Seeking Work 98 Not Applicable Women’s Specialty Program Text 1 104 104 1= yes 2= no Child Welfare Involvement Text 1 105 105 1= yes 2= no Commissioners Minutes Continued. January 20, 2010 182 Michigan Department of Community Health Page 16 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Field Name Type Size Begin End Comments Days of Social Support Text 2 106 107 2 characters 00 = no days of support 02 = 1 or 2 days a month 06 = 1 or 2 days a week 18 = 3-6 days a week 30 = daily support 98 = not applicable Error ID Number 8 108 115 Filler Text 8 116 123 SA Discharge Trailer Format Field Name Type Size Begin End Comments Note: Any errors on the HDDR or TRLR record will cause the entire file to reject and be returned to the appropriate submitter via the Data Exchange Gateway (DEG) via the 4824 file. EDI TYPE Text 4 1 4 “TRLR” EDI APP Text 2 5 6 “MA” EDI USER EDI USER - prefix Text 5 7 11 “DCH00” (DCH zero zero) EDI USER - CA ID Text 2 12 13 Service Bureau ID EDI USER - suffix Text 1 14 14 Blank EDI CREATION DATE Text 8 15 22 YYYYMMDD EDI TRANSFER DATE Text 8 23 30 YYYYMMDD EDI TRANSFER TIME Text 4 31 34 HHMM EDI FILE NAME Text 4 35 38 4824 EDI RUN TYPE Text 1 39 39 “P” for production or “T” for test EDI BATCH IDENTIFIER Text 3 40 42 Unique batch identifier assigned by CA EDI RECORD COUNT Number 6 43 48 Number of records in a file including the header and trailer FILLER Text 75 49 123 Commissioners Minutes Continued. January 20, 2010 183 Michigan Department of Community Health Page 17 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) SA Diagnosis Codes DRUG CODE DRUG DIAGNOSIS CODE DIAGNOSIS 00 None 000.00 N/A 10 Alcohol 305.00 291.10 303.90 291.30 291.40 303.00 291.00 291.20 291.80 Alcohol abuse amnestic disorder dependence hallucinosis idiosyncratic intoxication intoxication withdrawal delirium Dementia associated with alcoholism Uncomplicated alcohol withdrawal 20 21 22 Heroin Methadone (non-Rx) Other opiates/synthetics 305.50 304.00 292.00 Opioid abuse/intoxication dependence withdrawal 30 31 32 33 34 Barbiturates Other sedatives/hypnotics Other tranquilizers Benzodiazepine GHB, GBL 305.40 292.83 304.10 292.00 Sedative, hypnotic, or anxiolytic abuse/intoxication amnestic disorder dependence withdrawal delirium 41 42 Cocaine Crack Cocaine 305.60 292.81 292.11 304.20 292.00 Cocaine abuse/intoxication delirium delusional disorder dependence withdrawal 43 44 45 Methamphetamines Other amphetamines Methcathinone ("cat") 305.70 292.11 292.81 304.40 292.00 Amphetamine or similarly acting sympathomimetic abuse/intoxication delusional disorder delirium dependence withdrawal 50 Hallucinogens 305.30 292.11 305.30 292.84 292.89 Hallucinogen abuse/hallucinosis delusional disorder dependence mood disorder Posthallucinogen perception disorder 51 PCP 305.90 292.81 292.11 304.50 292.84 292.90 Phencyclidine (PCP) or similarly acting arylcyclohexylamine: abuse/intoxication delirium delusional disorder dependence mood disorder organic mental disorder NOS Commissioners Minutes Continued. January 20, 2010 184 Michigan Department of Community Health Page 18 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) DRUG CODE DRUG DIAGNOSIS CODE DIAGNOSIS 53 54 Ecstasy Ketamine 305.90 292.81 292.11 304.50 292.84 292.90 abuse/intoxication delirium delusional disorder dependence mood disorder organic mental disorder NOS 52 Marijuana/hashish 305.20 292.11 304.30 Cannabis abuse/intoxication delusional disorder dependence 60 Inhalants 305.90 304.60 Inhalant abuse/intoxication dependence 61 Antidepressants 305.90 292.83 292.89 292.81 292.11 292.82 292.12 292.84 292.90 292.89 292.00 304.90 Other or unspecified psychoactive substance abuse/intoxication amnestic disorder anxiety disorder delirium delusional disorder dementia hallucinosis mood disorder organic mental disorder NOS personality disorder withdrawal Psychoactive substance dependence NOS 70 72 Over-the-Counter Steroids 305.90 305.90 304.90 Caffeine intoxication Other or unspecified psychoactive substance abuse/intoxication Psychoactive substance dependence NOS 81 Talwin and PBZ 305.50 304.00 292.00 Opioid abuse/intoxication dependence withdrawal 91 Other 305.10 292.00 305.90 292.83 292.89 292.81 292.11 292.82 292.12 292.84 292.90 292.89 Nicotine dependence withdrawal Other or unspecified psychoactive substance abuse/intoxication amnestic disorder anxiety disorder delirium delusional disorder dementia hallucinosis mood disorder organic mental disorder NOS personality disorder Commissioners Minutes Continued. January 20, 2010 185 Michigan Department of Community Health Page 19 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) DRUG CODE DRUG DIAGNOSIS CODE DIAGNOSIS 292.00 304.90 withdrawal Psychoactive substance dependence NOS Polysubstance (Must specify at least a primary and a secondary drug from list above) 304.80 Polysubstance dependence Commissioners Minutes Continued. January 20, 2010 186 Michigan Department of Community Health Page 20 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) SA County Codes Code County Code County 46 Lenawee 00 Out of State (Out of state other than those listed in codes 85-89) 47 Livingston 01 Alcona 48 Luce 02 Alger 49 Mackinaw 03 Allegan 50 Macomb 04 Alpena 51 Manistee 05 Antrim 52 Marquette 06 Arenac 53 Mason 07 Baraga 54 Mecosta 08 Barry 55 Menominee 09 Bay 56 Midland 10 Benzie 57 Missaukee 11 Berrien 58 Monroe 12 Branch 59 Montcalm 13 Calhoun 60 Montmorency 14 Cass 61 Muskegon 15 Charlevoix 62 Newaygo 16 Cheboygan 63 Oakland 17 Chippewa 64 Oceana 18 Clare 65 Ogemaw 19 Clinton 66 Ontonagon 20 Crawford 67 Osceola 21 Delta 68 Oscoda 22 Dickinson 69 Otsego 23 Eaton 70 Ottawa 24 Emmet 71 Presque Isle 25 Genesee 72 Roscommon 26 Gladwin 73 Saginaw 27 Gogebic 74 St. Clair 28 Grand Traverse 75 St. Joseph 29 Gratiot 76 Sanilac 30 Hillsdale 77 Schoolcraft 31 Houghton 78 Shiawassee Commissioners Minutes Continued. January 20, 2010 187 Michigan Department of Community Health Page 21 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Code County Code County 32 Huron 79 Tuscola 33 Ingham 80 Van Buren 34 Ionia 81 Washtenaw 35 Iosco 82 Wayne (excluding city of Detroit) 36 Iron 83 Wexford 37 Isabella 84 City of Detroit 38 Jackson 85 Wisconsin 39 Kalamazoo 86 Indiana 40 Kalkaska 87 Ohio 41 Kent 88 Illinois 42 Keweenaw 89 Canada 43 Lake 96 Homeless 44 Lapeer 97 Unknown 45 Leelanau Commissioners Minutes Continued. January 20, 2010 188 Michigan Department of Community Health Page 22 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Substance Abuse TEDS Edits SA Admission Data Element Edits The following is the list of SA Admission data element edits listed in the order of the input file format. Note: All Errors reported in this document will cause the record to be rejected. Every Data Element having a detectable error will produce a copy of the Record in error with appropriate error messages appended. Error records will be stored in the SA Error Master Tables on the Oracle Database. These errors will be returned to the submitter via the 4827 file on the Data Exchange Gateway (DEG). Error # Error Description Field Name A001 Invalid Admission Record Length - should be 188. Input File A100 Duplicate Admission record - Submission Type equals A and record already exists. A122 Admission Submission Type equals A and Date of Admission/Admission Time of Day is equal or prior to prior Discharge Date of Discharge/Discharge Time of Day - cannot add the Admission A118 Admission Submission Type equals A and client is already in Admitted Status – cannot add the Admission. A138 Admission Submission Type equals C and an Admission record not found - cannot process the change. A137 Admission Submission Type equals D and no Admission exits A124 Admission Submission Type equals D and Discharge exists with Date of Discharge/Discharge Time of Day greater than Admission Date of Admission/Admission Time of Day - cannot process delete. Admission Key CA Code, License Number, Social Security Number, CA Client ID, Admission Date, Admission Time of Day A002 Invalid Admission Record Type - should be A. A127 Transition-in window is not open – Admission record type is Y and transition-in transactions are not currently allowed. A128 Transition-in record exists – Regular admission record cannot modify transition-in record. A129 Admission record exists – Transition-in record cannot modify regular admission record. A130 Admission is not allowed after transition-out has occurred. Record Type A003 Invalid Admission Submission Type - should be A, C, D, E. Submission Type A139 Invalid Admission CA Code - not a valid CA Payer Identifier. A105 Admission CA Payer Identifier and Bureau ID do not match. CA Code A005 Invalid Admission License number - should be 6-digit. License Number A006 Invalid Admission Social Security Number - Should be 9-digit or blank. Social Security Number A140 Invalid Admission CA Client Identifier - not permitted to be spaces or null. CA Client Identifier A008 Invalid Admission Medicaid ID - should be 10-digit or blank. Medicaid Identifier A009 Invalid Admission Type - should be 1 or 2. Admission Type Commissioners Minutes Continued. January 20, 2010 189 Michigan Department of Community Health Page 23 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name A010 Invalid Admission Co-Dependent Code - should be 1 or 2. Co-Dependent A011 Invalid Admission Date of Admission - should be valid date and less than current date. A069 Admission Admit Date less than Birth Date - Date of Admission date should be greater than birth date. A106 Admission Date of Admission is too old. Date of Admission A012 Invalid Admission Service Category - should be 11, 21, 22, 24, 31. Service Category A013 Invalid Admission Number of Prior Treatments - should be 00-96. Number of Prior Treatments A014 Invalid Admission Referral Source - should be valid code of 01, 05- 06, 09-10, 13-14, 18, 29-49, 90. Referral Source A016 Invalid Admission County of Residence - should be 00-89, 96-97. County of Residence A017 Invalid Admission Date of Birth - should be valid date and less than current date. Date of Birth A018 Invalid Admission Sex - should be 1 or 2. Sex A019 Invalid Admission Race - should be 0-6, 8-9. Race A020 Invalid Admission Ethnicity - should be 0-5. Ethnicity A021 Invalid Admission Marital Status - should be 1-5. Marital Status A022 Invalid Admission Military Status - should be 1 or 2. Military Status A023 Invalid Admission Education - Should be 00-25. Education A024 Invalid Admission Currently in Training/Education - Should be 0, 4, 6-7. Currently in Training/Education A025 Invalid Admission Employment Status - should be 1-4, 6, 8. A073 Admission Employed and Total Annual Income zero or blank - if Employment Status equals 1 or 2 then Total Annual Income is to be greater than 0. Employment Status A015 Admission Primary Substance (PSA) and Other Factor do not match - if PSA equals 00 and Co-Dependent equals 2 (no), one of the Other Factors should be 2-3. A026 Invalid Admission Primary Substance (PSA) - should be valid code of 00, 10, 20-22, 30-34, 41-45, 50-54, 60-61, 70, 72, 81, 91. A082 Admission Primary Substance of 10, 20, 41, 42, 45, 50-52 and Primary Initial Prescription equals 1 - Primary Substance can’t be a prescription. A085 Admission Primary Substance and Secondary Substance are the same - PSA cannot be same as SSA. A088 All 3 Admission Substance values are the same - PSA, SSA, TSA cannot be the same. A107 Admission Primary Substance equals 00, Primary Route must be 0. A110 Admission Primary Substance equals 00 and Primary Age at First Use not equal 98. Primary Substance A027 Invalid Admission Primary Route - should be 0-5. Primary Route A028 Invalid Admission Primary Age at First Use - should be 00-98. Primary Age at First Use Commissioners Minutes Continued. January 20, 2010 190 Michigan Department of Community Health Page 24 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name A067 Admission Primary Age at First Use greater than current age - Primary Age at First Use should be less than current age. A029 Invalid Admission Primary Frequency of Use - Should be 00 - 30 or 98. A093 Invalid Admission Primary Frequency of Use - if Primary Substance equals 00, Primary Frequency of Use must be 98. Primary Frequency of Use A030 Invalid Admission Primary Initial Prescription - should be 0 - 2. Primary Initial Prescription A031 Invalid Admission Secondary Substance e (SSA) - should be valid code of 00, 10, 20-22, 30-34, 41-45, 50-54, 60-61, 70, 72, 81, 91. A083 Admission Secondary Substance of 10, 20, 41, 42, 45, 50-52 and Secondary Initial Prescription equals 1 - Secondary Substance can’t be a prescription. A087 Admission Secondary and Tertiary Substance are the same - SSA cannot be the same as TSA. A091 Invalid Admission Secondary Substance - if PSA equals 00, SSA should be 00. A108 Admission Secondary Substance equals 00, Secondary Route must be 0. A111 Admission Secondary Substance equals 00, Secondary Age at First Use must be 98. Secondary Substance A032 Invalid Admission Secondary Route - should be 0 - 5. Secondary Route A033 Invalid Admission Secondary Drug Age First Use - should be 00-98. A075 Admission Secondary Drug Age First Use greater than current age - Secondary Age at First Use should be less than current age. Secondary Age at First Use A034 Invalid Admission Secondary Frequency of Use - should be 00-30. A094 Invalid Admission Secondary Frequency of Use - if Secondary Substance equals 00, Secondary Frequency of Use must be 98. Secondary Frequency of Use A035 Invalid Admission Secondary Initial Prescription - should be 0-2. Secondary Initial Prescription A036 Invalid Admission Tertiary Substance (TSA) - should be valid code of 00, 10, 20-22, 30-34, 41-45, 50-54, 60-61, 70, 72, 81, 91. A084 Admission Tertiary Substance of 10, 20, 41, 42, 45, 50-52 and Tertiary Initial Prescription equals 1 - Tertiary Substance can’t be a prescription. A086 Admission Primary Substance and Tertiary Substance are the same - PSA cannot be same as TSA. A087 Admission Secondary Substance and Tertiary Substance are the same - SSA cannot be same as TSA. A092 Invalid Admission Tertiary Substance - if PSA or SSA equals 00, TSA should be 00. A109 Admission Tertiary Substance equals 00, Tertiary Route must be 0. A112 Admission Tertiary Substance equals 00, Tertiary Age at First Use must be 98. Tertiary Substance A037 Invalid Admission Tertiary Route - should be 0 - 5. Tertiary Route A038 Invalid Admission Tertiary Age at First Use - should be 00-98. Tertiary Age at First Use Commissioners Minutes Continued. January 20, 2010 191 Michigan Department of Community Health Page 25 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name A089 Admission Tertiary Age at First Use greater than current age - Tertiary Age at First Use should be less than current age. A039 Invalid Admission Tertiary Frequency of Use - should be 00-30. A095 Invalid Admission Tertiary Frequency of Use, if Tertiary Substance equals 00, Tertiary Frequency of Use must be 98. Tertiary Frequency of Use A040 Invalid Admission Tertiary Drug Initial Prescription - should be 0-2. Tertiary Initial Prescription A041 Invalid Admission Total Annual Income - should be 000000-999999, or blank. Total Annual Income A042 Invalid Admission Number of Dependents - should be 00-99 or blank. Number of Dependants A043 Invalid Admission Program Eligibility - Able to pay - should be 1 or 2. Program Eligibility: Able to pay A044 Invalid Admission Program Eligibility: Commercial insurance - should be 1 or 2. Program Eligibility: Commercial insurance A045 Invalid Admission Program Eligibility: Services contract - should be 1 or 2. Program Eligibility: Services contract A046 Invalid Admission Program Eligibility: Medicare - should be 1 or 2. Program Eligibility: Medicare A047 Invalid Admission Program Eligibility: Medicaid - Should be 1 or 2. Program Eligibility: Medicaid A048 Invalid Admission Program Eligibility: Workers compensation - Should be 1 or 2. Program Eligibility: Workers Compensation A049 Invalid Admission Program Eligibility: Other public sources - Should be 1 or 2. Program Eligibility: other public sources A050 Invalid Admission Program Eligibility: CA resources - Should be 1 or 2. Program Eligibility: CA Resources A141 Invalid Admission Program Eligibility: State Medical Plan - should be 1 or 2. Program Eligibility: State Medical Plan A051 Invalid Admission Program Eligibility:- MI Child - should be 1 or 2. Program Eligibility: MI Child A052 Invalid Admission Program Eligibility: Medicaid Children’s Waiver - should be 1 or 2. Program Eligibility: Medicaid Children’s Waiver A053 Invalid Admission Program Eligibility:- Other Program Eligibility - should be 1 or 2. Program Eligibility: Other Program Eligibility Not Listed Above A054 Invalid Admission Correctional Status - should be 00-10, 98. Correctional Status A055 Invalid Admission Total Arrests – 30 days - should be 00-99. A061 Invalid Admission Total Arrests – 30 days - should be equal or greater than Admission Arrests -Possession/Sales – 30 days plus Admission Arrests - DUI/DWI – 30 days. Total Arrests – 30 days A056 Invalid Admission Arrests - Possession/Sales – 30 days - should be 00-99. Arrests - Possession/Sales – 30 days A057 Invalid Admission Arrests - DUI/DWI – 30 days - should be 00-99. Arrests - DUI/DWI – 30 days A058 Invalid Admission Total Arrests - 5 years - should be 00-99. A062 Invalid Admission Total Arrests - 5 years - should be equal or greater than Admission Arrests - Possession/Sales - 5 years plus Admission Arrests - DUI/DWI - 5 years. Total Arrests - 5 years Commissioners Minutes Continued. January 20, 2010 192 Michigan Department of Community Health Page 26 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name A104 Invalid Admission Total Arrests - 5 years - should be equal or greater than Admission Total Arrests - 6 months. A059 Invalid Admission Arrests - Possession/Sales - 5 years - should be 00- 99. A063 Invalid Admission Arrests - Possession/Sales - 5 years - should be equal or greater than Admission Arrests - Possession/Sales - 6 months. Arrests - Possession/Sales - 5 years A060 Invalid Admission Arrests - DUI/DWI - 5 years - should be 00-99. A064 Invalid Admission Arrests - DUI/DWI s - 5 years - should be equal or greater than Admission Arrests - DUI/DWI - 6 months. Arrests - DUI/DWI - 5 years A065 Invalid Admission Living Arrangement - should be 1-3 A074 Admission Living arrangement doesn’t match County of Residence - if county is 96, then Living Arrangement must be 3 (homeless). Living Arrangement A068 Invalid Admission Methadone Part of Treatment - should be 1 or 2. Methadone Part of Treatment A116 Invalid Admission Primary Diagnosis, must be a valid diagnosis code. A097 Invalid Admission Primary Substance and Primary Diagnosis combination - Primary Diagnosis should match Primary Substance. Primary Diagnosis A117 Invalid Admission Secondary Diagnosis format Secondary Diagnosis A066 Invalid Admission Pregnant value - Should be 1 or 2. A070 If Admission pregnant equals 1, then sex must equal 2. Pregnant A078 Invalid Admission Other Factor 1 - should be 0, 2-9, or blank. A079 Admission Other Factor 1 equals Other Factor 2 - Other factor 1 and 2 cannot be the same. A080 Admission Other Factor 1 equals Other Factor 3 - Other factor 1 and 3 cannot be the same. Other Factor 1 A134 Invalid Admission Other Factor 2 - should be 0, 2-9 or blank. A081 Admission Other Factor 2 equals Other Factor 3 - Other factor 2 and 3 cannot be the same. A076 Admission Other Factor 2 not blank or zero - if other factor 1 equals 0 or blank, Other Factor 2 should be zero or blank. Other Factor 2 A135 Invalid Admission Other Factor 3 - should be 0, 2-9 or blank A077 Admission Other Factor 3 not blank or zero - If Other Factor 1 or Other Factor 2 equals 0 or blank, Other Factor 3 should be zero or blank. Other Factor 3 A096 Admission Time Waiting to Enter Treatment cannot be missing Time Waiting to Enter Treatment A136 Invalid Admission Primary Language Spoken. Primary Language Spoken A131 Invalid Admission Time of Day – should be valid time (24-hour) Admission Time of Day A151 Invalid Detailed Not in Labor – Should be a valid code of 01, 02, 03, 04, 05, 06, 07. A152 Invalid Detailed Not in Labor – Employment Status equals 04, Detailed Not in Labor should be a valid code of 01, 02, 03, 04, 05, 06, 07. Detailed Not in Labor Commissioners Minutes Continued. January 20, 2010 193 Michigan Department of Community Health Page 27 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name A153 Invalid Admission Detailed Not in Labor Code - If Employment Status is not equal to 04 then Detailed Not in Labor Code must be 98. A098 Invalid Admission Error ID - should be 8-digit number or blank. A101 Invalid Admission Error ID - should be valid Error ID or blank. Error ID A154 Invalid Date of 1st Contact. Must be equal to or less than admission date. A157 Days Waiting to Enter Treatment must equal Admission Date – Date of 1st Request Date of 1st Contact A155 Invalid Women’s Specialty Program Code. Must be 1 or 2. Women’s Specialty Program Code A156 Invalid Child Welfare Involvement. Must be 1 or 2. Child Welfare Involvement A158 Invalid Days of Social Support. Must be 00, 02, 06, 18, 30, or 98 Days of Social Support SA Discharge Data Element Edits The following is the list of SA Discharge data element edits listed in the order of the input file format. Note: All Errors reported in this document will cause the record to be rejected. Every Data Element having a detectable error will produce a copy of the Record in error with appropriate error messages appended. Error records will be stored in the SA Error Master Tables on the Oracle Database. These errors will be returned to the submitter via the 4827 file on the Data Exchange Gateway (DEG). Error # Error Description Field Name D001 Invalid Discharge Record Length - should be 123. Input File D098 No matching Discharge record - if Submission Type equals C or D, a matching record should exist. D099 Discharge Submission Type equals A and a Discharge already exists - cannot add the Discharge. D101 Discharge Submission Type equals A and an Admission record does not exist - a valid Admission record must exit. D113 Discharge Submission Type equals A and an Admission exists and Discharge Date of Discharge/Discharge Time of Day not greater than Admission Date of Admission/Admission Time of Day - cannot add the Discharge. D108 Discharge Submission Type equals C and Discharge Date of Discharge/Discharge Time of Day being changed to less than or equal Admission Date of Admission/Admission Time of Day on prior Admission or greater than or equal Admission Date of Admission/Admission Time of Day on subsequent Admission - cannot process the change. D120 Discharge Submission Type equals C and a Discharge record not found - cannot process the change. D106 Discharge Submission Type equals D and an Admission record exists with an Admission Date of Admission/Admission Time of Day greater than the Discharge Date of Discharge/Discharge Time of Day - delete of Discharge would create two consecutive Admissions. D118 Discharge Submission Type equals D and a Discharge record does not exist - cannot process the delete. Discharge Key CA Code, License Number, Social Security Number, CA Client ID, Admission Date, Admission Time of Day Commissioners Minutes Continued. January 20, 2010 194 Michigan Department of Community Health Page 28 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name D002 Invalid Discharge Record Type - should be D. D125 Transition-out window is not open – Discharge record type is X and transition-out transactions are not currently allowed. D126 Transition-out record exists – Regular discharge record cannot modify transition-out record. D127 Discharge record exists – Transition-out record cannot modify regular discharge record. Record Type D003 Invalid Discharge Submission Type - should be A, C, D, E. Submission Type D102 Discharge CA Payer Identifier and Bureau ID do not match. D116 Invalid Discharge CA Code - not a valid CA Payer Identifier. CA Code D005 Invalid Discharge License Number - should be 6-digit. License Number D006 Invalid Discharge Social Security Number - should be 9-digits or blank. Social Security Number D117 Invalid Discharge CA Identifier - not permitted to be spaces or null. CA Client Identifier D008 Invalid Discharge Medicaid ID - should be 10-digit or blank. Medicaid Identifier D011 Invalid Discharge Date of Admission - should be valid date and less than current date. D069 Invalid Discharge Date of Admission/Admission Time of Day - should be less than Discharge Date of Discharge/Discharge Time of Day. Discharge Date of Admission D012 Invalid Discharge Service Category - should be 11, 21, 22, 24, 31. D122 Discharge service category does not match admission service category. Discharge Service Category D025 Invalid Discharge Employment Status - should be 1-4, 6, 8. Employment Status D026 Invalid Discharge Primary Substance (PSA) - should be valid code of 00, 10, 20-22, 30-34, 41-45, 50-54, 60-61, 70, 72, 81, 91 D084 Discharge Primary Substance and Secondary Substance are the same - PSA cannot be same as SSA. D087 All 3 Discharge Substance values are the same - PSA, SSA, TSA cannot be the same. D103 Discharge Primary Substance equals 00, Primary Route must be 0. PSA Code Primary Substance D027 Invalid Discharge Primary Route - should be 0-5. PSA Route Primary Route D029 Invalid Discharge Primary Frequency of Use - Should be 00 - 30 or 98 and equal or less than the number of days between admission and discharge. D092 Invalid Discharge Primary Frequency of Use - if Primary Substance equals 00, Primary Frequency of Use must be 98. PSA Frequency of Use Primary Frequency of Use D031 Invalid Discharge Secondary Substance (SSA) - should be valid code of 00, 10, 20-22, 30-34, 41-45, 50-54, 60-61, 70, 72, 81, 91. D090 Invalid Discharge Secondary Substance - if PSA equals 00, SSA should be 00. SSA Code Secondary Substance Commissioners Minutes Continued. January 20, 2010 195 Michigan Department of Community Health Page 29 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name D104 Discharge Secondary Substance equals 00, Secondary Route must be 0. D032 Invalid Discharge Secondary Route - should be 0-5. SSA Route Secondary Route D034 Invalid Discharge Secondary Frequency of Use - should be 00-30 or 98 and equal or less than the number of days between admission and discharge. D093 Invalid Discharge Secondary Frequency of Use - if Secondary Substance equals 00, Secondary Frequency of Use must be 98. SSA Frequency of Use Secondary Frequency of Use D036 Invalid Discharge Tertiary Drug (TSA) - should be valid code of 00, 10, 20-22, 30-34, 41-45, 50-54, 60-61, 70, 72, 81,91. D085 Discharge Primary Substance and Tertiary Substance are the same - PSA cannot be same as TSA. D086 Discharge Secondary Substance and Tertiary Substance are the same – SSA cannot be same as TSA. D091 Invalid Discharge Tertiary Substance - if PSA or SSA equals 00, TSA should be 00. D105 Discharge Tertiary Substance equals 00, Tertiary Route must be 0. TSA Code Tertiary Substance D037 Invalid Discharge Tertiary Route - should be 0-5. TSA Route Tertiary Route D039 Invalid Discharge Tertiary Frequency of Use - should be 00-30 or 98 and equal or less than the number of days between admission and discharge. D094 Invalid Discharge Tertiary Frequency of Use, if Tertiary Substance equals 00, Tertiary Frequency of Use must be 98. TSA Frequency of Use Tertiary Frequency of Use D054 Invalid Discharge Correctional Status - Should be 00-10, 98 Correctional Status D055 Invalid Discharge Total Arrests – 30 days – should be 00-99. D061 Invalid Discharge Total Arrests – 30 days – should be equal or greater than Discharge Arrests -Possession/Sales – 30 days plus Discharge Arrests - DUI/DWI – 30 days. Total Arrests – 30 days D056 Invalid Discharge Arrests - Possession/Sales – 30 days - should be 00- 99. Arrests - Possession/Sales – 30 days D057 Invalid Discharge Arrests - DUI/DWI – 30 days - should be 00-99. Arrests - DUI/DWI – 30 days D065 Invalid Discharge Living Arrangement - should be 1-3. Living Arrangement D009 Invalid Discharge Date - Should be valid date and less than current date D111 Discharge Date of Discharge is too old. Discharge Date of Discharge D010 Invalid Discharge Reason - should be 01-11 Discharge Reason D123 Invalid Admission Time of Day – should be valid time (24-hour) Admission Time of Day D124 Invalid Discharge Time of Day – should be valid time (24-hour) Discharge Time of Day D130 Invalid Detailed Not in Labor – Should be a valid code of 01, 02, 03, 04, 05, 06, 07. D131 Invalid Detailed Not in Labor – Employment Status equals 04, Detailed Not in Labor should be a valid code of 01, 02, 03, 04, 05, 06, 07. Detailed Not in Labor Commissioners Minutes Continued. January 20, 2010 196 Michigan Department of Community Health Page 30 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Error # Error Description Field Name D132 Invalid Discharge Detailed Not in Labor Code - If Employment Status is not equal to 04 then Detailed Not in Labor Code must be 98. D133 Invalid Women’s Specialty Program Code. Must be 1 or 2. Women’s Specialty Program D134 Invalid Child Welfare Involvement. Must be 1 or 2. Child Welfare Involvement D135 Invalid Days of Social Support. Must be 00, 02, 06, 18, 30, or 98 Days of Social Support D097 Invalid Error ID - Should be 8-digit number or blank. D100 Invalid Discharge Error ID - should be valid Error ID or blank. Error ID Commissioners Minutes Continued. January 20, 2010 197 Michigan Department of Community Health Page 31 of 31 TEDS Data Reporting Submission for Substance Abuse Services Programs (Rev. 09.16.08) Commissioners Minutes Continued. January 20, 2010 198 Att E_Performance Indicators_SUDs FY2010 Initial.doc Page 1 of 5 PERFORMANCE INDICATORS FOR SUBSTANCE ABUSE SERVICES ELECTRONIC SUBMISSION FORMS DATA REPORT FORMS The data are collected quarterly for each substance abuse services regional area by means of a report form for each Performance Indicator. They are viewed as starting points for a long-term effort to improve quality of services and enhance accountability of the substance abuse treatment system. The quarterly due dates for these reports are as follows: Time Periods Due Dates October - December _______(year) February 28 January - March _______ May 31 April - June _______ August 31 July - September _______ November 30 Commissioners Minutes Continued. January 20, 2010 199 Att E_Performance Indicators_SUDs FY2010 Initial.doc Page 2 of 5 MICHIGAN SUBSTANCE ABUSE SERVICES PERFORMANCE INDICATOR SYSTEM, 5.2 DATA REPORT For ________________ Coordinating Agency ACCESS: PENETRATION RATES FOR SELECTED POPULATIONS Time Periods Due Dates October - December _______(year) February 28 January - March _______ May 31 April - June _______ August 31 July - September _______ November 30 FY 2005 Quality Improvement Performance Indicators: Number of persons served age 12-17 who received services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs divided by number in area census age 12-17. Number of persons served who are women of child-bearing age (ages 11-44) who received services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs divided by number in area census who are women of child-bearing age. Number of persons served of ethnic minority groups who received services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs. divided by number in area census of ethnic minority groups. Number of persons served who are injecting drug users who received services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs divided by estimated number in area census of persons who are injecting drug users. Population 1. # Persons Served 2. # in Area 2000 Census 3. Penetration Rate Persons Age 12-17 Women of Child-Bearing Age Persons of Ethnic Minorities See Next Page See Next Page See Next Page # Persons Served Estimated # in Area Penetration Rate Persons who Inject Drugs Commissioners Minutes Continued. January 20, 2010 200 Att E_Performance Indicators_SUDs FY2010 Initial.doc Page 3 of 5 ACCESS: PENETRATION RATES FOR SELECTED POPULATIONS (cont.) Definitions: “Served” means received treatment services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs. Include those persons who reside in the CA region who were served (i.e. had services paid for by the CA) out of the CA region; do not include those served in the CA region who reside out of the CA region (and whose services were paid for by another CA). CAs should ensure that total persons served is greater than the sum of the persons in a subset of the total population. The number will be greater when family members/ significant others and persons with no current substance abuse are included in the treatment. “Ethnic Minority” categories are: • Native American • Asian or Pacific Islander • African American/Black • Hispanic “Persons who Inject Drugs” means those who have used a needle and syringe to inject drugs at least once in the past 30 days. Cases are to be discharged if 30 days pass without the client receiving services. The discharge date is the last date services were provided. Ethnic Minority Categories Population 1. # Persons Served 2. # in Area 2000 Census 3. Penetration Rate Native American Asian or Pacific Islander African American/Black Hispanic Commissioners Minutes Continued. January 20, 2010 201 Att E_Performance Indicators_SUDs FY2010 Initial.doc Page 4 of 5 MICHIGAN SUBSTANCE ABUSE SERVICES PERFORMANCE INDICATOR SYSTEM 5.2 DATA REPORT For ________________ Coordinating Agency ACCESS: PENETRATION RATE OF POTENTIAL SERVICES NEED WITH PERSONS SERVED Time Periods Due Dates October - December _______(year) February 28 January - March _______ May 31 April - June _______ August 31 July - September _______ November 30 Quality Improvement Performance Indicators: Persons served age 18 or older meeting a diagnosis of substance abuse or dependency who received services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs divided by the projected substance abuse or dependency prevalence. Population 1. Unduplicated # of Persons Served for Substance Abuse 2. Estimated Substance Abuse or Dependency 3. Penetration Rate Persons Aged > 18 Definitions: “Served” means received treatment services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs. Include those persons who reside in the CA region who were served (i.e. had services paid for by the CA) out of the CA region; do not include those served in the CA region who reside out of the CA region (and whose services were paid for by another CA). “Persons Served for Substance abuse or Dependency” mean those persons who received a diagnosis within these classifications under the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV). All CAs need to ensure that all admission records from funded treatment programs are reported and that client discharge records for all admissions are received on a timely basis. “Penetration Rate” is found by dividing column 1 by column 2. Commissioners Minutes Continued. January 20, 2010 202 Att E_Performance Indicators_SUDs FY2010 Initial.doc Page 5 of 5 MICHIGAN SUBSTANCE ABUSE SERVICES PERFORMANCE INDICATOR SYSTEM, 5.2 DATA REPORT For ________________ Coordinating Agency OUTCOMES: SATISFACTION - CONSUMER SATISFACTION Time Periods Due Dates October - December _______(year) February 28 January - March _______ May 31 April - June _______ August 31 July - September _______ November 30 Quality Improvement Performance Indicators: The percentage of persons 18 and over with a substance abuse or dependency diagnosis who received services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs who report satisfaction with services. The percentage of persons under age 18 and/or their families who received services that are supported in whole or in part by funding provided in SA contract with MDCH and PIHPs who report satisfaction with services. Population 1. # Surveyed 2. # Responded to Survey 3. # Satisfied 4. % Satisfied of Responders Persons Aged >18 % Persons Aged <18 % Definitions: Include those persons who reside in the CA region who were served (i.e. had services paid for by the CA) out of the CA region; do not include those served in the CA region who reside out of the CA region (and whose services were paid for by another CA). All CAs must implement client satisfaction surveys and collect this necessary information. Although collecting this information can be frustrating, it must be done. All CAs must continue administering surveys for those both in treatment and those discharged. The percentage recorded in column 4 must be mathematically possible (for example, if 10 clients respond to a survey, then 95% of them can NOT be satisfied). Commissioners Minutes Continued. January 20, 2010 203 Att E_Sentinel Events Data Rpt_Guide Fillable FY2010 Initial.doc Page 1 of 4 Michigan Department of Community Health Mental Health And Substance Abuse Services Guidance on Sentinel Event Reporting Reporting Periods and Data Submission Due Dates Six-Month Reporting Period Due Date for Data Submission October 1 through March 31 April 30 April 1 through September 30 October 31 I. REQUIREMENT The Michigan [Department of Community Health] will require CAs to report, review, investigate, and act upon sentinel events for persons living in 24-hour specialized settings and those living in their own homes receiving ongoing and continued personal care services. II. DEFINITIONS A. Incident is any of the following which should be reviewed to determine whether it meets the criteria for sentinel event in B. below. • death of a recipient • serious illness requiring admission to hospital • alleged cause of abuse or neglect • accident resulting in injury to recipient requiring emergency room visit or hospital admission • behavioral episode • arrest and/or conviction • medication error B. Sentinel Event is an “unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function. The phrase, ‘or risk thereof’ includes any process variation for which a recurrence would carry a significant chance of a serious adverse outcome." (JCAHO, 1998) C. 24-hour Specialized Setting means substance abuse residential treatment programs. D. Own Home for purposes of sentinel event reporting means supported independence program for persons with mental illness or developmental disabilities regardless of who holds the deed, lease, or rental agreement; Commissioners Minutes Continued. January 20, 2010 204 Michigan Department of Community Health Mental Health And Substance Abuse Services Guidance on Sentinel Event Reporting (Cont’) Att E_Sentinel Events Data Rpt_Guide Fillable FY2010 Initial.doc Page 2 of 4 as well as own home or apartment for which the consumer has a deed, lease, or rental agreement in his/her own name. Own home does not mean a family's home in which the child or adult is living. E. Ongoing and continuous in-home assistance means assistance with activities of daily living provided in the person's own home at least once a week, and six months or longer. F. Death: that which is not by natural cause or does not occur as a natural outcome to a chronic condition (e.g. terminal illness) or old age. G. Accidents resulting in injuries that result in death or loss of limb or function and which required visits to emergency rooms, rnedi-centers and urgent care clinics/centers and/or admissions to hospital should be included in the reporting. In many communities where hospitals do not exist, medi- centers and urgent care clinics/centers are used in place of hospital emergency rooms. H. Physical illness resulting in admission to a hospital does not include planned surgeries, whether inpatient or outpatient. It also does not include admissions directly related to the natural course of the person's chronic illness, or underlying condition. For example, hospitalization of an individual who has a known terminal illness in order to treat the conditions associated with the terminal illness is not a sentinel event. I. Serious challenging behaviors are those not already addressed in a treatment plan and include significant (in excess of $ 100) property damage, attempts at self-inflicted harm or harm to others, or unauthorized leaves of absence that result in death or loss of limb or function to the individual or risk thereof. All unauthorized leaves from residential treatment are not sentinel events in every instance) Serious physical harm is defined by the Administrative Rules for Mental Health (330.7001) as "physical damage suffered by a recipient that a physician or registered nurse determines caused or could have caused the death of a recipient, caused the impairment of his or her bodily functions, or caused the permanent disfigurement of a recipient." J. Medication errors mean a) wrong medication; b) wrong dosage; c) double dosage; or d) missed dosage which resulted in death or loss of limb or function or the risk thereof. It does not include instances in which consumers have refused medication. Commissioners Minutes Continued. January 20, 2010 205 Michigan Department of Community Health Mental Health And Substance Abuse Services Guidance on Sentinel Event Reporting (Cont’) Att E_Sentinel Events Data Rpt_Guide Fillable FY2010 Initial.doc Page 3 of 4 III. APPLICATION All incidents should be reviewed to determine if the incidents meet the criteria and definitions (in II. above) for sentinel events and if they are related to practice of care. The outcome of this review is a classification of incidents as either a) sentinel events, or b) nonsentinel events. An "appropriate response" to a sentinel event "includes a thorough and credible root cause analysis, implementation of improvements to reduce risk, and monitoring of the effectiveness of those improvements." (JCAHO, 1998) A root cause analysis (JCAHO) or investigation (per CMS approval and MDCH contractual requirement) is "a process for identifying the basic or causal factors that underlie variation in performance, including the occurrence or possible occurrence of a sentinel event. A root cause analysis focuses primarily on systems and processes, not individual performance." (JCAHO, 1998) Following completion of a root cause analysis or investigation, a CA must develop and implement either a) a plan of action (JCAHO) or intervention (per CMS approval and MDCH contractual requirement) to prevent further occurrence of the sentinel event; or b) presentation of a rationale for not pursuing an intervention. A plan of action or intervention must identify who will implement and when, and how implementation will be monitored or evaluated. IV. MDCH MANAGEMENT OF SENTINEL EVENT REPORTING Data collection: CAs will submit semiannually aggregate data by event category for number of sentinel events and plans of action or interventions which occurred during the 6-month period. MDCH will analyze the data and prepare a report on the # of sentinel events (by category) per thousand persons served who meet the population definition. As with all performance indicators, MDCH will review performance, with potential follow-up by contract managers to determine what quality improvement action is taking place; and/or to develop performance objectives aimed at reducing the risk of sentinel events occurring; and/or to impose other sanctions. Commissioners Minutes Continued. January 20, 2010 206 Att E_Sentinel Events Data Rpt_Guide Fillable FY2010 Initial.doc Page 4 of 4 Sentinel Events Data Report Substance Abuse Residential Services 1. Category 2. # of Sentinel Events in the Period 3. # of Events for Which There Was Intervention 1. Death of Recipient 2. Accidents requiring emergency room visits and/or admissions to hospitals 3. Physical illness requiring admissions to hospitals 4. Arrest or conviction of recipients 5. Serious challenging behaviors 6. Medication errors Definitions: 1. Sentinel Event is an “unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function. The phrase, ‘or the risk thereof,’ includes any process variation for which recurrence would carry a significant chance of a serious adverse outcome.” (JCAHO 1998) 2. Serious challenging behaviors include property damage, attempts at self-inflicted harm or harm to others, or unauthorized leaves of absence that increase the risk of serious physical or psychological harm to the consumer. 3. Medication errors mean a) wrong medication; b) wrong dosage; c) double dosage; or d) missed dosage. It does not include instances in which consumers have refused medication. Notes: 1. Reporting is required for: 1) persons living in 24-hour specialized residential substance abuse treatment settings. 2. Accidents treated at medi-centers and urgent care clinics/centers should be included in the accident reporting along with those treated in emergency rooms. In many communities in the state where hospitals do not exist, medi-centers and urgent care clinics/centers are used in place of emergency rooms. 3. Planned surgeries, whether outpatient or inpatient, are not considered unexpected occurrences and therefore are not included in the reporting of illnesses requiring admissions to hospitals. 4. Report arrests and convictions as separate incidents. Number of persons served during the time period who meet criteria in Note #1 below: Time Period (check one) Due Date October 1 through March 31 April 30 April 1 through September 30 October 31 Coordinating Agency: Commissioners Minutes Continued. January 20, 2010 207 SUBSTANCE ABUSE ENCOUNTER REPORTING HCPCS and Revenue Codes Overview for Fiscal Year 2010 This encounter code and modifier chart, effective 10/1/2009, describes how submitted encounter codes and modifiers will be interpreted by MDCH and its actuarial team. A list of 12 modifiers is included on the last page of the coding chart. These modifiers can be used in combination with any of the HCPCS codes. “HD” is required for all qualified Women’s Specialty Services. “HH” is required for qualifying Integrated Substance Abuse/Mental Health Services. A modifier for Telemedicine (GT) has been added. Telemedicine is the use of an electronic media to link beneficiaries with health professionals in different locations. The examination of the beneficiary is performed via a real-time interactive audio and video telecommunications system. The beneficiary must be able to see and interact with the off-site practitioner at the time services are provided. The AMS initial screening functions will no longer be reported under H0002 or H0049 Coding options for Sub-acute Detoxification Services allows three separate codes based on ASAM level: H0010 (Medically Monitored III.7-D); H0012 (Clinically Managed III.2-D); and H0014 (Ambulatory without Extended Monitoring II.D.). The HCPCS Code of H0022 will designate Early Intervention Services. The HCPCS Code of T1012 will designate Recovery Support Services. Residential Room and Board will be reported under the S9976 per diem code. A selection of non-emergency Transportation HCPCS codes (T2001 through T2005, S0215, A0100, A0110) have been added to the chart. The T1009 code for Child Sitting Services has been added to the chart to allow CAs to report child care service encounter under qualified Women’s Specialty Services. Att E_SA Encounter Rpting_HCPCS-Rev Codes.xls Page 1 of 5 Commissioners Minutes Continued. January 20, 2010 208 SUBSTANCE ABUSE ENCOUNTER REPORTINGHCPCS and Revenue CodesService Description HCPCS or CPT Codes Revenue Codes Reporting Code Description Reporting Units Reporting Technique Claim Format (ASC X12N 837) CoverageAssessment H0001 N/AH0001- Individual face-to-face alcohol and/or drug assessment at the licensed provider level for the pupose of identifying functional and treatment needs and to formulate the basis for the Individualized Treatment Plan. Encounter (1 hour minimum) Line Professional State Plan Block, PA2Individual Outpatient H0004, 90804 - 90815, 90826, H2035, H20360900, 0914, 0915, 0916, 0919H0004- Behavioral health counseling and therapy, per 15 minutes. 90804-90815, 90826 – Psychotherapy (individual).H2035- An hour of outpatient alcohol/other drug treatment services. H2036- Per diem outpatient alcohol/other drug treatment services.Refer to code descriptions Series/Line (depends on other payers) Institutional or Professional (depends on other payers) State Plan Block, PA2Group Outpatient H0005, 90846, 90847, 90849 90853, 90857, H2027, H2035, H20360900, 0914, 0915, 0916, 0919H0005- Alcohol and/or drug services; group counseling by a clinician. Family or group therapy90846, 90847, 90849, 90853, 90857 - Psychotherapy (group).H2027- Didactics - 15 minute units H2035- An hour of outpatient alcohol/other drug treatment services. H2036- Per diem outpatient alcohol/other drug treatment services.Refer to code descriptions Series/Line (depends on other payers) Institutional or Professional (depends on other payers) State Plan Block, PA2Outpatient (Combination) H0015 0906H0015- Alcohol and/or drug services; intensive outpatient (from 9 to 19 hours of structured programming per week based on an individualized treatment plan), including assessment, counseling, crisis intervention, and activity therapies or education. 0906 – Intensive Outpatient Services – Chemical Dependency. Day Series/Line (depends on other payers) Institutional or Professional (depends on other payers) State Plan Block, PA2Pharmacologic Support – MethadoneH0020 N/AH0020- Alcohol and/or drug services; Methadone administration and/or service (provision of the drug by a licensed program). Encounter Line Professional State Plan Block, PA2Subacute Detoxification H0010 , H0012, H00141002H0010- Alcohol and/or drug services; subacute detoxification; medically monitored residential detox (ASAM Level III.7-D).H0012- Alcohol and/or drug services; subacute detoxification; clinically managed residential detox; non-medical or social detox setting (ASAM Level III.2-D). H0014 - Alcohol and/or drug services; ambulatory detoxification without extended onsite monitoring (ASAM Level I.D). 1002 – Residential treatment – chemical dependency. Day (refer to code descriptions) Series Institutional or Professional (depends on other payers) Additional b3, Block, PA2Att E_SA Encounter Rpting_HCPCS-Rev Codes.xlsPage 2 of 5Commissioners Minutes Continued. January 20, 2010209 SUBSTANCE ABUSE ENCOUNTER REPORTINGHCPCS and Revenue CodesService Description HCPCS or CPT Codes Revenue Codes Reporting Code Description Reporting Units Reporting Technique Claim Format (ASC X12N 837) CoverageResidential Treatment H0018, H0019 1002H0018- Alcohol and/or drug services; short-term residential (non-hospital residential treatment program). H0019- Alcohol and/or drug services; long-term residential (non-medical, non-acute care in residential treatment program where stay istypically longer than 30 days).1002 – Residential treatment – chemical dependency. Day Series Institutional or Professional (depends on other payers) Additional b3, Block, PA2Early InterventionH0022 N/AH0022 - Alcohol and/or drug services; Intervention Service (Early Intervention). Any planned intervention that may assist a person to abstain for AOD use.Encounter Line Professional State Plan Block, PA2Recovery Support ServicesT1012, H0038N/AT1012 - Alcohol and/or drug services; Recovery Support and Skills Development. Activities to develop client community integration andrecovery support. H0038 - Peer services, per 15 minutes T1012: Encounter H0038: 15 minutesLine Professional State Plan, Block, PA2Residential Room and BoardS9976 N/AS9976 - Lodging, per diem, not otherwise specified.Day Series Institutional or Professional (depends on Block, PA2Case Management H0006 N/AH0006- services provided to link clients to other essential medical, educational, social and/or other services. Encounter Line Professional Block, PA2Laboratory Tests H0003, H0048, 80100, 80101N/AH0003 - Laboratory analysis of specimens to detect presence of alcohol or drugs.H0048 - Alcohol and drug testing, collection and handling only, specimens other than blood.80100-80101 - Drug Screen.Encounter Line Professional Block, PA2, State Plan under methadoneTransportationT2001 - T2005, S0215, A0100, A0110N/A Non-emergency transportation services. Refer to code descriptions Line Professional Block, PA2Psychiatric Evaluation90801, 90802 N/A90801- Diagnostic interview examination.90802- Diagnostic interview examination using play equipment, physical devices, language interpreter or other mechanisms of communication. Encounter Line Professional Block, PA2Child Sitting ServicesT1009 N/AT1009 - Care of the children of the individual receiving alcohol and/or substance abuse services.Encounter Line Professional Block, PA2Att E_SA Encounter Rpting_HCPCS-Rev Codes.xlsPage 3 of 5Commissioners Minutes Continued. January 20, 2010210 SUBSTANCE ABUSE ENCOUNTER REPORTINGHCPCS and Revenue CodesService Description HCPCS or CPT Codes Revenue Codes Reporting Code Description Reporting Units Reporting Technique Claim Format (ASC X12N 837) CoveragePharmacologic Support – Buprenorphine or SuboxoneH0033N/AH0033 -Oral medication administration, direct observation. (Use for Buprenorphine or Suboxone administration and/or service - provisionof the drug). Encounter Line Professional Block, PA2, Mediciad SavingsAccupuncture97810-97811N/A97810 - Accupuncture, 1 or more needles, initial 15 minutes.97811 - Accupuncture, 1 or more needles, each additional 15 minutes.Encounter Line Professional Block, PA2Physician Evaluation 99203-99205 N/A99203 - Physician Evaluation/Exam (30 mins face-to-face).99204 - Physician Evaluation/Exam (45 mins face-to-face).99205 - Physician Evaluation/Exam (60 mins face-to-face). Encounter Line Professional Block, PA2, State Plan under methadoneMedication Review90862 N/A90602 - Review of current mdications.Encounter (face-to-face)Line Professional Block, PA2Att E_SA Encounter Rpting_HCPCS-Rev Codes.xlsPage 4 of 5Commissioners Minutes Continued. January 20, 2010211 SUBSTANCE ABUSE ENCOUNTER REPORTINGHCPCS and Revenue CodesModifierGTHAHBHCHDHGHHHJHQHRHSH9Modifiers for Substance Abuse HCPCS CodesDescriptionTelemedicine the use of an electronic media to link beneficiaries with health professionals in different locations. The examination of the beneficiary is performed via a real-time interactive audio and video telecommunications system. The beneficiary must be able to see and interact with the off-site practitioner at the time services are provided via telemedicine.Child- Adolescent Program (services designed for persons under the age of 18).Adult Program- Non-Geriatric (services designed for persons age 18-64).Geriatric Program (services designed for adults age 65 and older).Women's Specialty Services Pregnant/Parenting Women Program: (services provided in a program that treats pregnant women or women with dependent children).Opioid Addiction Treatment Program (program specifically designed to provide opioid-treatment services (including but not limited to the provision of methadone).Family/Couple without Client Present (services provided to multiple persons in a single treatment event in which some of the persons served share familial or significant other relationships, without the client present).Court-ordered (indicates that services were ordered by a court, probation officer and/or parole officer).Integrated Mental Health/Substance Abuse Program (program specifically designed to provide integrated services to persons who need both mental health and substance abuse services, as planned in an integrated, individualized treatment plan.Employee Assistance Program (designates a service associated with and EAP.Group Setting (services provided to more than one client in a single treatment event, such that the clients have no particular relationship).Family/Couple with Client Present (services provided to more than one client in a single treatment event, such that persons served share familial or significant other relationships).Att E_SA Encounter Rpting_HCPCS-Rev Codes.xlsPage 5 of 5Commissioners Minutes Continued. January 20, 2010212 Updated April 29, 2008 Substance Use Disorder Prevention Data System (PDS) For information regarding the functioning of the data system, please refer to the Manual available on the website. The following information is designed to provide guidance on the context of data captured by the data system. If you have questions regarding the content of this document please contact the Prevention Coordinator at your coordinating agency. TABLE OF CONTENTS SECTION 1: BACKGROUND INFORMATION • What is the Substance Use Disorder Prevention Data System?....................................2 • About this Document.....................................................................................................2 • Activities Eligible for Entry .........................................................................................2 • Additional Record Keeping...........................................................................................3 SECTION 2: DATA ENTRY A. Nature of Event ...........................................................................................................4 B. Group Name ................................................................................................................4 C. Was more than one strategy used during this event? ..................................................4 D. Was the same group of participants present for all strategy activities? ......................4 E. Did more than one staff member participate in this activity event? .............................5 F. Service Date .................................................................................................................5 G. Service Location ...........................................................................................................5 H. Staff Name ....................................................................................................................5 I. Staff Time .....................................................................................................................5 J. Strategy Codes • Alternatives .......................................................................................................6 • Community Based.............................................................................................7 • Education...........................................................................................................9 • Information Dissemination..............................................................................10 • Problem Identification & Referral...................................................................12 • Environmental.................................................................................................13 K. Funding Source ........................................................................................................15 L. Population Type ........................................................................................................15 M. Service Domain .........................................................................................................15 N. Evidence Based Practice (EBP) Service Type ..........................................................16 O. Service Type..............................................................................................................17 P. Service Population ..................................................................................................18 Q. Attendee Count..........................................................................................................21 R. Demographic Information ........................................................................................21 Commissioners Minutes Continued. January 20, 2010 213 Page 2 SECTION 1: BACKGROUND INFORMATION The following section provided information about the intent and design of the Substance Use Disorder Prevention Data System (PDS) which can be accessed at www.sudpds.com. It also provides guidance on what type of prevention activities are eligible for entry into the data system and additional record keeping requirements. • What is the Substance Use Disorder Prevention Data System (PDS)? The prevention data system is a staff activity reporting system that collects information about the recipients of service and type of activity. Activities are reported at the individual staff level. For convenience, there is a provision for up to 3 staff to be identified in a single record when both the activity and participants are the same. PDS is designed to assist the Michigan Department of Community Health/Office of Drug Control Policy (MDCH/ODCP) in collecting and reporting the data required by the Substance Abuse and Mental Health Services Administration (SAMHSA). Records entered into PDS will be available for review by staff at your agency, your coordinating agency, and the staff at MDCH/ODCP. • About this document This document is designed to provide information to guide data entry into the Michigan Substance Use Disorder Prevention Data Set at www.sudpds.com. This document was developed by Prevention Coordinators in partnership with MDCH/ODCP. The following document provides interpretation of terms and procedures for consistent demographic data collection. It is imperative that data be reported consistently throughout the state and across coordinating agency regions. Each data element is intended to be interpreted in the same way by each coordinating agency. This will allow Michigan to have meaningful data and provider agencies contracting with multiple coordinating agencies will be guided by consistent requirements. The document contains: o Definitions for all terms used in the data system o Rules for what to “count” in various situations o Helpful examples • Activities Eligible for Entry: All direct service activities funded in whole or part, through the coordinating agency (CA) must be reported in the PDS system. The Prevention Data System is designed to capture staff activity in face-to-face activities. Not all activity performed by prevention staff will be captured by this system, only activities that meet the requirements detailed in this section will be captured. It is understood by MDCH/ODCP and coordinating agencies that time in activities reported will not equal the amount of hours worked per staff person. Commissioners Minutes Continued. January 20, 2010 214 Page 3 A staff activity must meet the following requirements to qualify as an activity eligible for entry: o Must be quantifiable as staff time. The system is designed to capture staff time in activities, and not the outcome or product of the activity. For example: Time spent by staff working with partners in the community to coordinate the adoption and implementation of a smoke-free policy would be entered as a direct service activity. The actual adoption of a smoke-free policy is not quantifiable in terms of staff time and would therefore, not be considered directs service activity and would therefore NOT be entered into PDS. o Must be Face-to-Face: Time spent in activities that support the implementation of a prevention activity but is not in direct contact with a recipient or community partner would NOT count as direct service and would NOT be entered into PDS. In addition, activities that are done with co-workers do not count as direct service activity. Therefore, these activities would not be entered into PDS. OR Telephone or video conferencing alternatives may count as direct service and be a reportable activity if the activity would have met the definition of a direct service if the activity had been conducted face-to-face. Examples to help you determine whether a telephone or video conference would be counted as an activity to be entered in PDS: - A phone call to engage a participant in future face to face activity - NO - A phone call to plan programming or provide administrative oversight - NO - Attending a standard coalition meeting by phone or video rather than in person - YES. - Providing training via conference call - YES - A conference call to plan an upcoming training - NO - Coordinating a community planning team (a group which is not a formalized coalition) meeting by video/conference -YES o Volunteer/intern service activities: Services and activities conducted by unpaid volunteers and/or interns cannot be entered into PDS as activities. If a provider agency provides the supplies that a volunteer or intern uses to provide a service, but does not pay the volunteer/intern, then the activity should NOT be entered in PDS. If a volunteer or intern receives a stipend from the provider agency to provide services, then their activities would be entered into PDS. • Record Keeping: In addition to entry into PDS, it is expected that there be a source of verification that the activity reported in the system actually took place. This record is not expected to be duplicative of the information reported in PDS and is not expected to consist of narrative reports. Each coordinating agency will provide specific guidance regarding their requirements regarding record keeping Examples of documentation: • sign in sheets • sign-out sheets for program participation • agendas and/or meeting notes from coalition meetings • Contact Log identifying someone able to verify the activity (eg. teacher school based activity). Commissioners Minutes Continued. January 20, 2010 215 Page 4 SECTION 2: DATA ENTRY The following section provides guidance for each data element collected by the data system, including the answer categories, definitions, and rules of interpretation. A. Nature of Event: Answer Categories • One-Time: the event occurs only once and is not ongoing For example: one-time presentation, Health fair participation, etc. • Ongoing-Other: activities that are ongoing events or activities that do not require or expect sequential participation. For example, Coalition meetings, open-ended education groups, etc. • Ongoing – Sequential: a program consisting of the application of a curriculum consisting of multiple events in a planned sequence. Can consist of multiple applications of a curriculum sequence. For example: Educational programming such as Botvin’s Life Skills or Project Alert B. Group Name: A list of pre-named groups will be available in the drop down list. The drop down list will include all group names that have previously been named in the ‘Add Group’ section of the data system. If the group is not available within the list then you will need to go to the ‘Add Group’ tab and add the group prior to adding the activity. Group names in the drop down list are specific to the ‘nature of event’ selected when naming groups. C. Was more than one strategy used during this event? Answer Categories: • Yes – Answer “Yes” if more than one strategy or more than one sub-strategy was used. • No - Answer “No” if only one sub-strategy was used. For more information on strategies and sub-strategies please refer to Strategy Code Section J. Note: If you select “Yes” the system will direct you to enter a separate activity record for each strategy or sub-strategy used. D. Was the same group of participants present for all strategy activities? Participants refer to the people participating in the activity that is being reported. This data element refers to the same actual persons, not whether they were of the same population category. Answer Categories • Yes - Answer “Yes” if the same persons participated in all portions of the prevention activity. • No - Answer “No” if the group of participants changed during the activity. Please note that for reporting purposes, the activity must be for the same participants. If the participants changed, then a separate activity record for each of the session received by a distinct group of participants is required. If the staff and participants split into separate groups with different activities within the overall activity, a separate activity record must be entered for each distinct group of participants. If staff and a group of participants meet more than once within the larger service delivery: one activity Commissioners Minutes Continued. January 20, 2010 216 Page 5 record may be entered for the entire duration of both sessions where that distinct group of participants was served so long as it is for the same date of service and the same event. Example 1: If you provide three sessions in a row of Project ALERT with three different classes of 5th grade students you would answer “No” to this question. Example 2: During a Strengthening Families session the entire group, consisting of both parents and youth, start out the session together for 30 minutes and then split into separate groups (one for the parents and one for the youth) for one hour, and then come back together for 45 minutes as wrap-up. In this case three activity records would be entered. There first activity record would be entered for the two times periods when the parents and youth were all combined for 1 hour and 15 minutes, and a second activity record for an hour provided to parents, and a third activity record for one hour provided to youth. E. Did more than one staff member participate in this activity event? Answer Categories: • Yes – Select “Yes” if more than one staff participated in the activity. Please note that if you select yes on this item you will be required to enter information for more than one staff on the following data entry page. • No – Select “No” if only one staff person participated in the activity. Please note that if you answer “No” to this item you will not be allowed to enter information for more than one staff on the following data entry page. Note: If more than three staff participates in an activity then entry of multiple activity records would be required to capture all staff that participated. Demographic information should be entered for ALL participants in each of the activity records since each of the 4 staff provides service activity to all of the participants. For example: If 50 persons were served by four staff then two activity records would be entered and 50 persons would be counted as served under both of the activity records. F. Service Date – Enter the date that the activity occurred. G. Service Location – Select the county in which the service occurred. H. Staff Name – Select the staff that participated in the activity from a drop down list. The list will include all staff that has been assigned a username in the system by your coordinating agency. If you have indicated that more than one staff was involved on the first page of data entry you will be required to select more than one staff person. Each person providing service must have their own staff name. This includes consultants or volunteers receiving a stipend. I. Staff Time: Enter the amount of time in hours and minutes for each staff that participated in the activity. J. Strategy Code: For each staff that participated in the activity you will be required to select a sub- strategy. The following section and tables provide detailed information for each strategy and sub- strategy allowable within the PDS system. Note: Examples provided for each strategy code are not intended to provide an exhaustive list of possibilities. Commissioners Minutes Continued. January 20, 2010 217 Page 6 • Alternative Strategies: This strategy provides participation in positive activities that exclude alcohol and other drugs. The purpose is to meet the needs filled by alcohol and other drugs with healthy activities and to discourage the use of alcohol and drugs through these activities. Sub-Strategies: Strategy Code Code Description Purpose of Activity Examples of Activities to Enter into PDS A01 Supervision, guiding ATOD- free recreational event This activity provides for participation in recreational activities that exclude ATOD and promotes healthy activities that lend themselves to the building of resiliency among youth and families. Supervision/coordination of: • Drug Free Dances and Parties • Project Graduation • After School Activities • ATOD-free School Events • Community Drop In Centers • ATOD-free Family Activities A03 Supervision, guiding Community events This activity is intended to prevent substance use by involving youth and adults in a variety of community service projects. Supervision/coordination of: ● Community Service Activities ● Community Clean-up Activities ● Events to Repair or Re-build Neighborhoods ● Fundraising for Charitable Causes ● Support to the Elderly, Handicapped, Ill, Etc. A04 Supervision, guiding Youth-Adult Leadership events This activity provides a means to character building and promoting healthy relationships between youth and adults. It provides services through which youth/adult role models work with youth to prevent substance use/abuse. Supervision/coordination of: ● Tutoring Programs ● Adult Mentoring Activities ● Youth/Adult Leadership Activities ● Coaching Activities Commissioners Minutes Continued. January 20, 2010218 Page 7 • COMMUNITY BASED: This strategy provides ongoing networking activities and technical assistance to community groups or agencies. It encompasses neighborhood-based grassroots empowerment models using action planning and collaborative systems planning. This strategy works to enhance the ability of the community to more effectively provide prevention and treatment services for alcohol, tobacco and other drug abuse disorders. Types of activities that should be entered into PDS include: planning, interagency collaboration, coalition building, community planning teams, and networking that are done to enhance efficiency and effectiveness of services implementation. Please remember that activities must be in direct contact with a recipient or community partner to be eligible for entry as an activity. For more information regarding this requirement refer to section C. Sub-Strategies: Strategy Code Code Description Purpose of Activity Examples of Activities to Enter into PDS C01 Development of funding and service alternatives (involving community members) Increasing or improving a communities prevention and treatment service capacity by developing resources to support those services • Working with your local coalition to apply for a Prevention Network (PN) grant • Collaborative planning meeting to develop a community plan for a grant application. C02 Implementing needs assessment tools (involving community members) Doing a needs assessment in your community, focus area, etc. to do one or more of the following: • Determine priority prevention needs, • Identify at-risk and high-risk populations, or • Determine priority prevention populations and/or geographical areas for service delivery. Working with others in your community to develop and/or collect: • Mass survey data • Focus group information • Key stakeholder interviews C04 Conducting Training Service Delivering structured substance abuse prevention training events intended to develop proficiency in prevention program design, development, and delivery skills. (Not including educational activities designed to directly educate individuals about ATOD issues) • Capacity building through training of volunteers • Neighborhood action training, • Training of key people in the system • Staff/official training • Prevention training programs • Training of trainers Commissioners Minutes Continued. January 20, 2010219 Page 8 C05 Community coalition building and facilitating. (including: collaboratives, task forces, and community planning teams) To form, develop, or facilitate community coalitions. Activities or services conducted with or on behalf of community coalitions for the purpose of fostering, supporting, or enhancing community prevention services • Staff conducts one-on-one meetings to recruit coalition members • Staff chairs a local coalition meeting • Joint planning meeting between two or more agencies C06 Coalition meeting participation. (including: collaboratives, task forces, and community planning teams) Staff participation in a formalized community coalition meeting concerned with fostering common interests and advocacy for prevention services. Staff attend: ● MADD ● MCRUD ● Interagency Councils ● Multi-agency Task Forces ● Local prevention coalition ● A coalition subcommittee workgroup C07 Coalition Technical Assistance. (including: collaboratives, task forces, and community planning teams) Services provided by staff intended to give technical guidance to prevention programs, community organizations, and individuals to conduct, strengthen, or enhance activities to promote prevention ● Staff provide expertise to help with a coalition activity ● Assisting in the development of an action plan● Quality assurance and improvement guidance for coalition improvement C08 Coordinating and monitoring volunteers (including mentors) Structured prevention activities to impart information and teach organizational development skills to individuals or community groups ● Community volunteer services ● Coordinating volunteers for a prevention event ● Monitoring volunteers for mentoring services ● Neighborhood action services Commissioners Minutes Continued. January 20, 2010220 Page 9 • Education Strategies: Two-way communication that is distinguished from disseminating information by the fact that it is based on an interaction between the educator and the participant. These activities generally are curriculum based or have at minimum, goals and objectives that aim to affect knowledge, concepts, principles, critical life and/or social skills, including decision making, refusal skills, and critical analysis. Note: Only recurring events can be counted as Educational Strategy, one-time events cannot be considered Education Strategy. Examples of methods used for this strategy include the following: - Classroom education - Small group education - Parenting and family management classes - Peer Leader and peer helper programs - Education programs for youth groups (ie: anger management, life skills, safe dates, etc) Sub-Strategies: Strategy Code Code Description Purpose of Activity Examples of Activities to Enter into PDS E02 Classroom curriculum. Within school day. In regular classroom students. To affect knowledge, concepts, principles, critical life and/or social skills, including decision making, refusal skills, and critical analysis through two-way communication with students in a classroom setting during the school-day as a part of the classroom curriculum with students that have not been selected due to individual need or characteristics. • Teaching Botvin’s Life Skills to a 5th grade class room as a part of their general class time. • Teaching Project Alert to students in an 8th grade classroom setting as a part of their general class time. E03 Other Group Education To affect knowledge, concepts, principles, critical life and/or social skills, including decision making, refusal skills, and critical analysis through two-way communication with participants in any setting outside of a school classroom curriculum. Includes “pull-out” groups of identified students even if they are served in a classroom setting during the regular school day. • Teaching Botvin’s Life Skills to a group of selected students “pulled out” of their classroom. • Teaching Project ALERT after school to a select group of 8th Grade students. • Teaching Anger Management to students at an alternative high school. • Providing educational programs for older adults about the interaction of alcohol with medications. • Teaching an educational program for parents/caregivers of children with FASD challenges. • Teaching Strengthening Families Program to parents. Commissioners Minutes Continued. January 20, 2010221 Page 10 • Information Dissemination Strategies: Provides knowledge and increases awareness of the nature and extent of alcohol and other drug use, abuse and addiction as well as their effects on individuals, families, and communities. It also provides knowledge and increases awareness of available prevention and treatment programs and services. It is characterized by one-way communication from the source to the audience, with limited contact between the two. If a staff person is working to develop materials or resources (eg. resource guide, website, PSA) in partnership with a collaborative group the activity should be counted as Information Dissemination. Avenues of disseminating information may include: Clearinghouse, information resources centers, resource directories, Media campaigns, Brochures, Radio and TV public service announcements, Speaking engagements, Health fairs and other health promotion (e.g. conferences, meetings, seminars), Information lines/hot lines. While there are many avenues to disseminate information it is important to note that only time spent in activities conducted by staff that are designed to disseminate information will be entered into the PDS system. The number of materials distributed would not be entered as an activity because PDS is a tool to capture staff time spent in activities. For example, if you coordinate a clearinghouse and an order is placed online, there would be no activity entry in PDS. In addition, remember that only face-to-face activity with persons from outside of your agency is entered into PDS. Time spent in developing materials or organizing distribution by yourself or with other staff within your agency would not be entered as an activity in PDS. Sub-Strategies: Strategy Code Code Description Purpose of Activity Examples of Activities to Enter into PDS N01 Distribution of materials at events. (brief) presentation, interaction with participants To hand out ATOD related materials, answer questions, and possibly do a brief present6ation associated with the materials being distributed. • Manning a booth at a health fair • Manning a drug-free pledge table at a HS football game. • Brief presentation at a health event. • Community round table event. N02 Supervision and technical assistance for development of PSA and other PI materials Develop materials designed to increase knowledge and increase awareness of the nature and extent of alcohol and other drug use, abuse and addiction as well as their effects on individuals, families, and communities. • Supervise/work with a collaborative to develop and implement a media campaign • Supervise/guide the development of PSA or other materials with participants • Work w/ a coalition to develop a resource guide.• Provide technical assistance to a collaborative effort to develop and maintain a resource listing of Federal, State, and local funding programs. Commissioners Minutes Continued. January 20, 2010222 Page 11 N06 Speaking engagement - (direct) - Presentation about SUD Planned presentations with a defined topic/focus provided directly to the intended audience. • One-time classroom presentation • Scheduled presentation as a part of the scheduled agenda at a coalition meeting, town hall meeting, PTA meeting, etc. N07 Speaking engagement-indirect - (radio or tv interview) Planned presentation with a defined topic/focus indirectly to the audience through radio, TV, or print media. • Interview with a journalist • Video conference presentation Commissioners Minutes Continued. January 20, 2010223 Page 12 • Problem Identification & Referral Strategies: Aims at identification of those who have engaged in illegal/age-inappropriate use of tobacco or alcohol and those individuals who have indulged in the first use of illicit drugs in order to assess if their behavior can be reversed through education. This strategy does not include any diagnostic or problem assessment activity (although individuals may be identified for whom referral to treatment might be appropriate). Sub-Strategies: Strategy Code Code Description Purpose of Activity Examples of Activities to Enter into PDS P01 Employee Assistance provision or referral Services intended to provide substance abuse information for individuals whose substance abuse-related problems may be interfering with work performance. Activities conducted as a component of an Employee Assistance Program, which may include: • Risk reduction education for work-related problems involving substance abuse • Health education and health promotion programs for employees • Supervisor training to assist them in recognizing employees in need of assistance. • Conducting assessments to identify employee substance use disorder problems • Meeting with employees to make referral to designated helpers • Conducting support groups for students P02 Student Assistance Program, case finding, provision, or referral Structured prevention programs intended to provide substance abuse information for students whose substance abuse-related problems may be interfering with their school performance. Activities conducted as a component of a Student Assistance Program, which may include: • Conducting assessments to identify student problems • Screening for referral • Meeting with students to make referral to designated helpers • Conducting support groups for students P03 Conducting DUI/DWI/MIP classes Structured prevention education programs intended to change the behavior of youth and adults who have been involved in the use of alcohol and/or other drugs while operating a motor vehicle. • Alcohol-related highway traffic safety classes • Court-mandated alcohol and other drug awareness and education programs P04 Prevention assessment and referral Refers to those activities intended to provide a risk screening, assessment, and referral to prevention service populations for placement in prevention or other appropriate services. • Providing substance use disorder screening at a community health event • Screening in jail or prison settings • Screening and referral for FAS (any age) Commissioners Minutes Continued. January 20, 2010224 Page 13 • Environmental Strategies: Activities working, with other individuals, to establish or change written and unwritten community standards, codes and attitudes, thereby influencing alcohol and other drug use among the general population. Typically the environmental strategy focuses on changing the shared environment through three interrelated factors: norms, availability, and regulations. Environmental approaches seek to create communities and societies that are more conducive to bringing about and maintaining desired behavior changes. Effective environmental strategies will focus on entire populations, enhance prevention messages directed at individuals, and have potential for long-term change. Environmental strategies are an exception among the six strategies: When determining whether an activity is the environmental strategy, it is necessary to examine the objective, rather than the methodology. Activities that seek to reduce access, change community norms or policies (including laws and regulations), or enforce related laws should be considered the Environmental Strategy. Environmental strategies include: - Policy Change: Changing environmental codes, ordinances, regulations, and legislation in order to limit access to substances and to decrease the problems associated with their use. - Enforcement: Laws and regulations must be accompanied by significant penalties and they must be enforced in order to be effective. - Education: when in relation to training of individuals such as servers and merchants about the laws, penalties, and their responsibilities. - Reduce youth access to substances, including alcohol and tobacco. - Reduce alcohol and tobacco advertising. - Social Norms: Comprehensive efforts designed to change community norms regarding substance use disorder. Sub-Strategies: Strategy Code Code Description Purpose of Activity Examples of Activities V01 Technical Assistance in relation to community norms or public policy change Providing guidance/supervision/technical assistance for activities designed to change norms, availability, and policies (regulations/laws/ ordinances). (Walking a collaborative through the processes of making environmental change) • Meeting with key stakeholders to gain support for a policy change. • Presentation to key stakeholder groups to gain support for a policy change. • Guiding a collaborative group through the steps necessary to create policy change (eg. Tobacco coalition to implement a smoke-free ordinance). • Assisting schools with the development and adoption of drug-free campus policies • Providing technical assistance to a collaborative in designing a media campaign to change community norms re. ATOD use. Note: Providing general education (how/why/skills/media literacy) about environmental change should be entered as the Education strategy. Note: The entire meeting time must be focused on this initiative to be reported as V01. Commissioners Minutes Continued. January 20, 2010225 Page 14 V02 Prevention of Underage Sales Tobacco - SYNAR (vendor education, law enforcement education, compliance activities) Efforts to reduce the ability of youth to purchase tobacco from a retailer. • Vendor education training • Conducting compliance checks • Training law enforcement to conduct compliance checks • Training youth inspectors to conduct compliance checks • Age testing youth inspectors in the community. V03 Prevention of Underage Sales Alcohol - (vendor education, law enforcement education, compliance activities) Efforts to reduce the ability of youth to purchase alcohol from a retailer. • Vendor education training • Conducting compliance checks • Training law enforcement to conduct compliance checks • Training youth inspectors to conduct compliance checks • Age testing youth inspectors in the community Commissioners Minutes Continued. January 20, 2010226 Page 15 K. Funding Source: All eligible service activities funded in whole or part, through the coordinating agency (CA) must be reported in the PDS system. Answer Categories: • SPF-SIG funded: Select this is the salary of the staff conducting the activity is paid through the SPF/SIG grant. • Not SPF-SIG Funded: Select this if the salary of the staff conducting the activity is paid through any funding source other than the SPF/SIG grant. L. Population Type: Answer Categories: • Universal: The general public or a whole population group that has not been identified on the basis of individual risk; also the population of a geographic area as a whole. All efforts using community based or environmental strategies would target this population type. • Selective: Individuals or a subgroup of the population whose risk of developing a substance use disorder is significantly higher than average. • Indicated: Persons who have begun experimenting/using substances but are not in need of treatment for a diagnosable addiction. For example: minors in possession, persons in recovery maintenance, etc. Note: Children of addicted parents who have not begun experimenting with substance abuse should be categorized as Selective and not indicated. Helpful Hint: Selective and indicated may only be selected if you are providing Population-Direct or Individual-Direct service (ie. working directly with the persons whose behaviors you are trying to change, refer to Section O: Service Type for more information). For all Universal-Indirect services such as collaborative efforts and environmental change you must select Universal as the Population Type. M. Service Domain: This refers to the domain that the prevention service is directly impacting and not a secondary population who may be the intended beneficiary of prevention efforts. Think about what your activity is, rather than the intended outcomes. Answer Categories: • Individual: Services designed to impact an individual person’s knowledge, skills, etc. Example: Life skills training for youth. • Family: Services designed to improve family functioning Example: Program to teach parenting skills to parents. • Peer: Services designed to influence peers. Example: Peer mentoring activities and peer-led social norming campaigns. • School/Work: Services/activities designed to change the school or work environment. Example: Efforts to change school policies and practices, or train school personnel to provide prevention curricula. Commissioners Minutes Continued. January 20, 2010 227 Page 16 • Community: Services/activities designed to change the way in which a community and its systems function. Example: Coalition efforts to increase prevention programming or prevention funding in the community. • Society/Environment: Activities designed to change the environmental conditions. Example: Coalition efforts to change public policy, activities to reduce access to substances, or media campaigns to change community attitudes and beliefs regarding substances. N. Evidence Based Practice (EBP) Service Type: Intended to identify the nature of the evidence based practice being applied. Providers must be able to document that evidence-based criteria have been met to the coordinating agency upon request. When determining which category of evidence-based criteria to select for a specific activity, consider whether the activity is an integral part of a planned project that has been documented as evidence-based through the planning and approval process of your coordinating agency. If the activity is part of a group of services that when combined, meet the criteria for Evidence-based then select the evidence-based category that the group of services falls within. Examples: • Staff attending a delivery of the Botvin’s Life Skills curriculum delivered by a volunteer for the purposes of monitoring fidelity of implementation. The evidence-based category for the staff time spent monitoring the delivery would be ‘NREPP Listed’ because Botvin’s Life Skills meets the criteria for this category of Evidence-Based. • Hosting a community town hall meeting to increase participation and engage community members in your coalition. If the plan approved by your coordinating agency documents the coalition work as ‘Community Based Process Best Practice’ then select this category for the town hall meeting. • Manning a booth at a health fair to promote your agency but not specific to the furtherance of a specific plan approved by your coordinating agency. This activity would be entered as ‘none of the above’. Answer Categories: • NREPP Listed: A program that was previously listed on the SAMHSA model program list or currently listed on NREPP with positive outcomes demonstrated. Note: Programs will be placed on the NREPP website whether outcomes are positive or negative. Therefore, it is imperative that agencies critically review the outcomes detailed and the strength of the evaluation described in the NREPP review. • Other Federal Agency: The program/model is listed by NIDA, OJJDP, US DOE, or another federal agency as an effective prevention program/model. • Peer Reviewed Journal: The program has appeared in a peer-reviewed journal and was found to have positive outcomes. This option should only be selected if your activities are closely replicating the key components of the program described in the Peer-reviewed journal. • Local (CA) Evidence: This option should be selected if the specific service has documented proven results impacting targeted factors (causal factors, intervening variables and/or risk/protective factors) through an evaluation process. These results must be available to the coordinating agency upon request. Commissioners Minutes Continued. January 20, 2010 228 Page 17 In addition to having local evidence, the project is required to meet each of the following three criteria: 1. Intervention is based on solid theory or theoretical perspective that has been validated by research; 2. The intervention is supported by a documented body of knowledge – a converging accumulation of empirical evidence of effectiveness – generated from similar or related interventions that indicate effectiveness; and 3. The intervention is judged by a consensus among informed experts to be effective, based on a combination of theory, research, and practice experience. • CBP (community based process) Best Practice: Community Based Process includes activities conducted through formal coalitions, task forces, community planning teams, or collaborative groups. This option of evidence- based category may be selected for collaborative activities, but only if the project meets each of the following three criteria: 1. The project is conducted using community based process (eg. coalitions, collaborative, taskforces); and 2. The collaborative has substance abuse specific, measurable objectives to be completed during the fiscal year; and 3. The collaborative process is compatible with the five-step prevention planning process, which includes: Assessment, Capacity Building, Planning, Implementation, and Evaluation. In addition to these three criteria, the following should be considered when conducting community based processes: o Membership: The collaborative must be inclusive in its membership/make-up and engage key community stakeholders. The coalition should have appreciation for local involvement and authority in choosing and carrying out actions. o Evidence of Effectiveness: Projects implemented through the community-based process effort need to show evidence of being effective at the following: - Contributing to the identified desirable outcome, - Impacting the identified community problem/consequence, - Improving the ability of the prevention system to deliver Substance abuse services. o Clear Purpose: Projects implemented through the community-based process effort should begin with a clear understanding of their purpose and should consider the following initiatives: - Comprehensive services coordination (improving the nature and delivery of services); - Community mobilization (generate community activism to address substance abuse and related problems/consequences; - Create both system level change and individual behavior change; and - Create community linkages (connecting resources within a community and/or connecting persons to resources. • None of the above: This option should be selected for all activities that do not meet any of the categories listed above. Stand alone events that are not connected to a larger plan with evidence based documentation provided to your coordinating agency are likely to fall within this category. Commissioners Minutes Continued. January 20, 2010 229 Page 18 O. Service Type: Activities can be categorized as either Indirect or Direct: An activity is Indirect if you are NOT working with the individuals whose behavior you are trying to change. Activities are Direct if you are working with the individuals whose behaviors you are trying to change. For example: o Indirect: Working with a coalition to improve resources for parents in the community. o Direct: Working with parents to improve their parenting skills. Indirect Services all fall into one service type category: • Universal-Indirect: Interventions that support population-based programs and strategies including the provision of information. Including coalition activity, population based environmental change strategies. Helpful Hint: If you selected “universal” as the population type and you are not working directly with the persons you are trying to impact then you would select Universal-Indirect for the Service type. If you selected Selective or Indicated as the population type but are not working directly with the persons you are trying to impact then you would need to correct population type to be universal because you are not working directly with the population of intended impact. Note: If you select Universal-Indirect you will not enter the demographic information for Gender, Age, Race, and Ethnicity. Direct Services are broken into two categories: • Population – Direct: Planned and deliberate goal-oriented practices designed to change behavioral outcomes that work directly with a group of participants, but the participants have not been identified for services based on an identified risk. Services are provided over a period of time in a planned sequence of activities that are designed to inform, educate, develop skills or alter risk behaviors. Note: If Population Type is Universal, and you are working face to face with the persons whose behavior you are trying to impact then you would select Population-Direct as the Service Type. Example: Life skills curricula provided in a classroom setting, parenting education with self-referred families, etc. • Individual – Direct: Planned and deliberate goal-oriented practices designed to change behavioral outcomes among a defined population, and the participants have been identified for services based on an identified risk. Services are provided over a period of time in a planned sequence of activities that are designed to inform, educate, develop skills or alter risk behaviors. Example: Life skills curricula provided to youth with court involvement, Parent Education with families referred by DHS. Helpful Hint: If you selected either Selective or Indicated as the Population Type and you are working directly with the persons you are trying to impact then you would select this category. Commissioners Minutes Continued. January 20, 2010 230 Page 19 P. Service Population: Up to three service populations may be selected per activity. The populations selected should be selected in the order of prevalence, with the most prevalent population listed as service population #1 and so on. For your convenience, the population type has been identified for each service population listed. High-Risk Populations: The following are the federal population categories, considered to be at-risk. Population Type 04 Children of substance abusers: Youth and adults who are children of substance abusers. Examples are adult children of alcoholics, children whose parents abuse alcohol or other drugs, and children raised in or chronically exposed to situations involving substance abuse. Selective 05 Delinquent/Violent Youth: Youth who display risk factors for delinquency or violence or who have been determined to be delinquent or violent. Examples are youth declared delinquent by a State child welfare system, youth who have been arrested for juvenile delinquent behavior, youth who are chronically truant, and youth who display chronic or periodic violent behavior, including youth who display antisocial behavior (e.g., chronic fighting, hitting, using weapons). Selective 06 Economically Disadvantages: Youth and adults considered to be underprivileged in material goods due to poor economic conditions. Examples are youth and adults living in poor housing conditions or who are enrolled in state or Federal public assistance programs. Selective 13 Homeless or runaway youth: Youth (and adults) who do not have a stable residence or who have fled their primary residence. Examples are street youth (and adults), youth (and adults) in homeless shelters, and youth in unsupervised living situations. Selective 16 People using substances: Youth and adults who may have used or experimented with alcohol, tobacco, or other drugs. Examples are youth or adults charged with driving under the influence (DUI), driving while intoxicated (DWI), or being a minor in possession (MIP); social or casual users of illicit substances; and youth and adults who smoke tobacco or consume alcoholic beverages but who are not yet in need of treatment services. Indicated 17 People with disabilities: Youth and adults who have disabilities. Examples are individuals who are physically handicapped, hearing impaired, speech impaired, or visually impaired. Selective 18 People with mental health problems: Youth and adults with mental health problems. Examples are persons with diagnosable mental illness such as depression, severely emotionally disturbed youth, and the educable mentally retarded. Selective 19 Physically/emotionally abused: Youth and adults who have experienced physical or emotional abuse. Examples are victims of physical abuse, sexual abuse, incest, emotional abuse, and domestic abuse. Selective 20 Pregnant/Women of childbearing age: Women who are of the physiological age to bear children and for whom the intent of prevention services is to ensure healthy newborns. Selective 24 School dropouts: Youth under the age of 18 who have not graduated from school or earned a general educational development certificate and/or who are not enrolled in a public or private learning institution. Selective 98 Children exposed prenatally to ATOD Selective Commissioners Minutes Continued. January 20, 2010 231 Page 20 Non-High Risk Groups: The following are the federal population categories, considered not at risk. Population Type 30 Youth/Minors: Children under age 18 who are not otherwise counted under one of the school grade categories. Examples are youth in recreation programs (camps Universal 31 Students: Youth enrolled in public or private schools Universal 32 Older adults: Adults considered being older (in general persons over 65 years of age?. Examples are older persons who are living independently or residing in a nursing home or an assisted living facility. Universal 33 Parents and families: Parents and families, including biological parents, adoptive parents, and foster parents; grandparents, aunts and uncles, or other relatives in charge of or concerned with the care and raising of youth; nuclear families; and mixed families. Universal 34 Gays/lesbians: – Individuals who identify themselves as emotionally and physically attracted to others of the same gender. Universal 35 Persons in recovery: Indicated 36 Business and Industry: Individuals who manage or work in for-profit or not-for-profit businesses or industry. Examples are small businesses, companies, corporations, industrial plants, and unions. Universal 37 Civic groups: Members of civic and nonprofit organizations. Examples are men's and women's state or local civic groups (eg. Lions Club), and nonprofit agency boards of directors or staff. Universal 38 Coalition: Members of community, regional or statewide coalition groups, community task forces, alliances, and similar community organizations. Universal 39 Religious group: Individuals involved with or employed in religious denominations or organized religious groups such as churches, synagogues, temples, or mosques. Examples are members, deacons, elders, clergy, religious associations, ministerial associations, ecumenical councils or organizations, lay leaders, and religious education staff. Universal 40 Government/Elected officials: Individuals holding government positions, including those who have been elected to public office. Examples are government workers; mayors; city administrators; city or county commissioners; supervisors, freeholders, or other elected officials; state legislators and staff; and members of the U.S. Congress and their legislative staff. Universal 41 Health professionals: Individuals employed by or volunteering for health care services. Examples are physicians, nurses, medical social workers, medical support personnel, medical technicians, and public health personnel. Universal 42 SUD (substance use disorder) Prevention/Treatment professionals: Individuals employed as substance abuse prevention or treatment professionals. Examples are counselors, therapists, prevention professionals, clinicians, prevention or treatment supervisors, and agency directors. Universal 43 Teachers/Administrators/Counselors (education): Individuals employed in the education field. Examples include teachers, coaches, deans, principals, faculty, and counselors. Universal 44 Law Enforcement/Military: Individuals employed in law enforcement agencies or in one of the U.S. Armed Services. Examples are police, sheriffs, state law enforcement personnel, and members of the National Guard, Army, Navy, Marines, Air Force, and Universal Commissioners Minutes Continued. January 20, 2010 232 Page 21 Coast Guard. 45 General population: Youth and adult citizens of a state rather than a specific group within the general population. Universal Q. Attendee Counts: • Total Attendees- Enter the total number of attendees present for the activity. For recurring sessions this will include all attendees present, including the new and returning participants. Note: For information dissemination (N07) – Speaking Engagement to Indirect audiences, enter the estimated ‘reach’ of the media outlet. For information dissemination activities with large audiences, estimate the number of attendees. • New Attendees – For the first session of a series all participants would be counted as ‘new attendees’. For following sessions only participants that are attending their first session would be counted as a ‘new attendee’. • Number completing the Series: o For Ongoing-Sequential activities enter the number of participants completing the series of sessions in the last session of the series. For all other sessions, enter “0”. o For open-ended groups enter the number of participants that have completed all required sessions during the session being reported. o For activities that are not comprised of a number of set sessions, enter “0” for all activities. Note: An agency must be able to document completion through sign-in sheets or other record keeping. R. Demographic Information: For activities where the selected population type is Universal, and the Service Type selected is Universal-Indirect you will not enter the gender, age, race, and ethnicity (for more info on Universal-Indirect please refer to Section O: Service Type on page 17) • New Male/Female Attendees - Enter the number of new attendees that were male, and the number of new attendees that were female. Do not complete for Universal-Indirect activities. • Participants by Age in Years: Enter the number of new participants by age group. Do not complete for Universal-Indirect activities. Answer Categories: o Less than 12 o 12-17 o 18-20 o 21-25 o 26-64 o 65+ Commissioners Minutes Continued. January 20, 2010 233 Page 22 • Race: Enter the number of new participants by Race. Do not complete for Universal-Indirect activities. Answer Categories: o American-Indian/Alaskan-Native, o Asian o Hawaiian/Pacific-Islander o African-American o White o Multi-Racial o Unknown/Other • Ethnicity: Enter the number of new participants by Ethnicity. The numbers entered into these categories must be equal to the number of new participants. Do not complete for Universal- Indirect activities. Answer Categories: o Hispanic/Latino o Arab-American/Chaldean o Not-listed (All participants that do not fall within one of the above categories must be counted under this answer category.) Commissioners Minutes Continued. January 20, 2010 234 MDCH Supplemental Instructions to Substance Abuse Coordinating Agencies for 837 Encounter Data Submission MICHIGAN DEPARTMENT OF COMMUNITY HEALTH SUPPLEMENTAL INSTRUCTIONS TO SUBSTANCE ABUSE COORDINATING AGENCIES FOR 837 ENCOUNTER DATA SUBMISSION Fiscal Year 2010 Commissioners Minutes Continued. January 20, 2010 235 MDCH Supplemental Instructions to Substance Abuse (Rev. August 2007) Coordinating Agencies for 837 Encounter Data Submission Table of Contents Page 1.0 Introduction 1 2.0 837 Encounter Data Reporting 1 2.1 HIPAA Background 1 2.2 Encounter Data Reporting Format 2 2.3 Data Submission Process 3 2.4 Implementation Timeline 4 2.5 Year-End Reconciliation Process 5 2.6 Reporting Requirements 5 2.7 Encounter Data Edits 5 2.8 Rejection Criteria 6 2.9 Correction Process 7 2.10 837 Encounter Data Elements 9 Appendices A Encounter Error Listing 17 B Encounter Error Return File 32 Commissioners Minutes Continued. January 20, 2010 236 MDCH Supplemental Instructions to Substance Abuse Page 1 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) 1.0 Introduction The Michigan Department of Community Health (MDCH) requires that Substance Abuse Coordinating Agencies (CAs) report encounters and quality improvement (QI) data for every consumer served by the CA. The Reporting Requirements can be found in Appendix A. Encounter reporting is required no matter what the payment arrangement with the provider (i.e., fee-for-service, per diem, case rate, sub- capitation, net cost contract, etc.). Historically CAs have been submitting activity and demographic data using a proprietary format. As MDCH moves towards meeting the mandates set forth under the Health Insurance Portability and Accountability Act (HIPAA), many national standards for health care transactions are being adopted. As a result MDCH is implementing a standardized format for encounter (activity) data reporting. MDCH will require that encounters be submitted in the American National Standards Institute (ANSI) Accredited Standards Committee (ASC) X12N 837, version 4010, Professional, Institutional, and Dental Healthcare Claim formats. MDCH will use the provider-to-payer-to-payer coordination of benefits (COB) data model for encounter reporting. In addition, CAs will be required to continue to report demographic, or quality improvement (QI) data, using essentially the same format and process they have been. The purpose of these instructions is to provide guidelines to CAs for submitting both encounter and QI data. The information provided in this manual that is specific to encounter data reporting is intended to supplement information contained in the ANSI ASC X12N 837 Implementation Guides. The Implementation Guides must be adhered to for creating 837 encounter transactions. 2.0 837 Encounter Data Reporting 2.1 HIPAA Background In August 1996, the United States Congress adopted the Health Insurance Portability and Accountability Act (HIPAA). The Act includes Administrative Simplification components with provisions to improve the efficiency and effectiveness of the health care system by establishing standards for the electronic exchange of certain administrative and financial transactions and to protect the security and privacy of transmitted health information. A federal regulation pertaining to transaction standards and code sets was adopted in August 2000. This regulation mandates the use of electronic data interchange (EDI) standard transactions for many of the more common communications used in health care administration, as well as the use of standard code sets. The transaction standards and code sets regulation has an effective date of October 2002. Subsequent legislation allows the effective date to be extended to provide more time to covered entities to be fully compliant. Entities that request extensions to the effective date for transactions and code sets will have until October 2003 to implement the regulation. It is important to note that while an extension allows the CA increased time to meet the transaction and code set mandates set forth by HIPAA, MDCH is implementing the new ASC X12N 837 version 4010 format for encounters effective with dates of service on or after October 1, 2002. Contracted entities will be required to meet these requirements as outlined in their contracts with MDCH. Commissioners Minutes Continued. January 20, 2010 237 MDCH Supplemental Instructions to Substance Abuse Page 2 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) 2.2 Encounter Data Reporting Format Beginning with services incurred on or after October 1, 2002, CAs will report encounters to MDCH using the transaction sets developed by the ANSI ASC for EDI. Many EDI transaction sets are identified by numeric designations, such as the 837 healthcare claim and encounter transaction. There may also be numerous versions of an EDI transaction and the version required by MDCH for 837 encounter reporting is version 4010. Therefore, CAs reporting encounters to MDCH must use the implementation standards of the ANSI ASC X12N 837, version 4010 transactions. In addition, the CAs are required to follow the provider-to-payer-to-payer coordination of benefits (COB) data model outlined in the implementation guides. This means the provider originates the transaction and sends claim or encounter information to the CA. The CA will reformat the transaction and send it to MDCH. The CA has ultimate responsibility for sending 837 encounter information on to MDCH. The 837 provider-to-payer-to-payer COB model promotes the handling of coordination of benefits data. It is important to note that if there is another payer identified as primary, such as Medicare or another Commercial carrier, the provider must send the claim to the primary payer for adjudication prior to sending the claim or encounter information on to the CA. The CA must include the primary payer’s adjudication information, as well as their own, in the 837 transaction being sent to MDCH. Implementation guides contain notes on each COB-related data element specifying when it is used. This manual will provide guidelines for those data elements identified as most important to MDCH. Depending on the type of service provided, encounter transactions may need to be submitted using either the Institutional (X096), Dental (X097) or Professional (X098) Industry Identifier of the 837 Encounter Transaction. As a general rule, if the service provided is billed using the Health Care Financing Administration Common Procedural Coding System (HCPCS) codes, including the American Medical Association’s (AMA’s) Current Procedural Terminology (CPT) codes, it is billed as an 837 professional claim and reported as an 837 professional encounter. If billing rules require the service to be billed using a National Uniform Billing Committee (NUBC) Revenue Code, or Revenue Code and HCPCS code, the format for the claim and encounter would be the 837 institutional. When billing for the service requires the American Dental Association’s (ADA’s) Code on Dental Procedure and Nomenclature, contained in the Current Dental Terminology (CDT-3) user guide, the claim and encounter would be the 837 dental transaction. Implementation instructions are contained in detailed manuals known as implementation guides. The implementation guides provide specific instructions on how each loop, segment, and data element in the specified transaction sets should be used. These guides are available from the Washington Publishing Company. You can order these guides by contacting: Washington Publishing Company PMB 161 5284 Randolph Road Rockville, MD 20852-2116 Phone (301) 949-9740 The guides may also be ordered on line or downloaded at no charge at http://www.wpc- edi.com/hipaa/HIPAA_40.asp. Note that the guides are quite large and could take some time to download. The implementation guides are the primary source of information on how to implement the 837 encounter, provider-to-payer-to-payer COB data model. Commissioners Minutes Continued. January 20, 2010 238 MDCH Supplemental Instructions to Substance Abuse Page 3 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) MDCH has published Data Clarifications for the 837 Institutional, Professional and Dental Encounter, Version 4010. These documents are companion documents to the implementation guides; they supplement and clarify parameters when the implementation guide provides options or “situations”. They also provide identifiers to be used when a national standard has not been adopted. The information in the Data Clarification documents will be helpful to the CAs as they develop outbound 837 encounter transactions. These clarification documents can be found at http://www.michigan.gov/mdch. Once you have reached the web site, click Providers, HIPAA, Health Plan Materials-Reporting/Reimbursements. There are Data Clarifications for 837 Claims and for 837 Encounters available. The CAs should make certain they are using the Data Clarifications for encounters when developing their 837 encounter transaction. In addition, CAs should check the web site regularly for updates or changes to these documents. 2.3 Data Submission Process Encounter data submitted in the 837 format will be submitted through the MDCH Data Exchange Gateway (DEG) on a monthly basis, at a minimum. CAs may submit encounter data more frequently if necessary. In order to communicate electronically with MDCH, the CA must first obtain an Identification Number and password from the MDCH Automated Billing Unit. For general instructions on how to obtain that Identification Number and password, please refer to the “MDCH Electronic Submission Manual”, which can be found on the web at www.michigan.gov/mdch. Once you have reached the web site, click Providers, Information for Medicaid Providers, Electronic Billing. Before an encounter file can be submitted to MDCH for processing, the file must be prepared. Instructions can be found in the MDCH Electronic Submission Manual, Section 4, Preparing Electronic Claim Files. It is important to note that all ANSI X12 files have header and trailer data built into them. Professional, institutional and dental encounters may be combined in one file, or may be transmitted in separate files. Each file must include an Interchange Envelope, containing various ISA elements as specified in the implementation guide. The encounter file must specify ENCOUNTER in the Interchange Receiver ID (ISA08) element and P in the Usage Indicator (ISA15) element. The Interchange Envelope may contain one or more Functional Groups. Each Functional Group will specify whether that Functional Group contains Institutional, Dental or Professional encounter transactions. In the Application Receiver’s Code (GS03) element of each Functional Group, you must specify ENCOUNTER. The Version/Release/Industry Identifier Code (GS08) element of each Functional Group must contain 004010X096, 004010X097, or 004010X098, indicating whether that group contains institutional, dental, or professional encounter transactions, respectively. To submit the 837 v 4010 encounter file, log onto the DEG (Data Exchange Gateway), using the instructions outlined in the MDCH Electronic Submission Manual, Section 5, Using the Data Exchange Gateway. When you send an Encounter file to the DEG, take the following steps. Commissioners Minutes Continued. January 20, 2010 239 MDCH Supplemental Instructions to Substance Abuse Page 4 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) 1. Type: Put<space> <volume>\<directory>\<file> <space> <file number>@<location> For example, put<space>c:\dos\4951@dchedi, where c is the hard drive, DOS is the directory, 4951 is the file for the CA encounter, followed by a space, the @ sign, and a location of dchedi (dch indicates the Department of Community Health, and edi indicates the American National Standards Institute X12 837 transaction format). The submitter would type: PUT C:\DOS\4951 4951@DCHEDI 2. Once the file is transferred to dchedi, translation begins immediately and an ANSI X12 997 Functional Acknowledgement is produced and moved to the sender’s mailbox. 3. Enter the dir command to see the ANSI X12 997 Functional Acknowledgement with the name of the file sent. 4. Download the ANSI X12 997 Functional Acknowledgement by entering a get command, being careful to change the file name for the destination system so the file sent is not written over. For example, adding an “a” to the file name would indicate that it has been acknowledged. After you have issued the PUT command and the file has been transferred, you can do a “DIR” (Directory Command) to see if the 4951 file exists in your Mailbox. CAs should copy transferred files immediately as a back up for their site. It is the agent’s responsibility to retain back-up files until the party at the final destination has verified and backed up the files. Should the file not be received in its entirety, it may have to be resent using the back up. As mentioned, after the file has been received by MDCH, a 997 Functional Acknowledgement transaction will be generated and submitted to the CA’s mailbox. It can be retrieved via the DEG. The Functional Acknowledgment contains segments that can identify the acceptance or rejection of the functional group, transaction sets or segments. It is important that the CA retrieve the 997 acknowledgements to determine if MDCH has received the ASC X12 837 transaction sets, and identify transmissions that have not been acknowledged. 2.4 Implementation Timeline For all services incurred on or after October 1, 2002, the CA is required to send data monthly on post- adjudicated encounters in the new 837 format. Encounter data is required to be submitted by the last day of the month following the month in which it was adjudicated. To assist in the transition MDCH will allow encounters for claims adjudicated in the months of October, November, and December 2002 and January 2003 to be submitted by March 3, 2003. Submission is due by 5:00 p.m. on the last day of the month following the month it was adjudicated. Services that have been provided but for some reason are still in the adjudication process will be reported using a year-end reconciliation process. The year-end reconciliation process is described in Section 2.5 below. MDCH will be retiring its current proprietary encounter format November 2002. CAs must have all FY2002 data or updates submitted by November 15, 2002. Commissioners Minutes Continued. January 20, 2010 240 MDCH Supplemental Instructions to Substance Abuse Page 5 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) 2.5 Year-End Reconciliation Process Substance abuse encounters are required to be submitted by the last day of the month following the month it was adjudicated. Any encounter that has not been reported by the end of the fiscal year because the adjudication process is incomplete, must be reconciled within 90 days of the last month of the fiscal year. That means the CA will have 90 days following the end of the fiscal year to submit the encounter data. For example, if the date of service is January 20, 2003 and by September 30, 2003 still has not been adjudicated by the primary payer, the CA is required to submit an encounter reporting the services provided with $0 reported in the approved and paid amount fields by December 31, 2003. The claim or service line adjudication date, whichever is applicable to the encounter being submitted, should be reported with a date value of 99999999. This will allow the transaction to be processed without indicating adjudication has taken place. The CA will then be required to submit a replacement encounter by the last day of the month following the month it was adjudicated, once it is finally adjudicated. 2.6 Reporting Requirements MDCH requires CAs to report encounters for all consumers whose services are paid for in whole or in part with MDCH administered funds. CAs are not required to submit encounters in the following instances: children’s waiver services that are billed fee-for-service directly to Michigan Medicaid, (QI data files are still required to be submitted), and, room and board reimbursed through State Disability Assistance (SDA) funds. In situations where the client has dual eligibility (i.e., Medicare/Medicaid), the CA is required to submit encounter data for the services provided. 2.7 Encounter Data Edits To ensure the usefulness of the data submitted, the data must meet minimum thresholds of data quality. One of the most basic tests of data quality is editing. All data currently submitted to MDCH are subjected to an editing process. All 837 encounter data will also be subjected to an editing process. Appendix B, Encounter Error List, lists the 837 encounter edits that correspond to errors identified during the encounter data warehouse editing process. Encounter data edits can have one of the following results: 1. The data pass all edits and is accepted into the data warehouse, 2. The data contain a minor error(s); an informational edit report is generated and the data is accepted into the data warehouse, or 3. The data contain a fatal error that results in its rejection. Output from the edit process is an Error Return File that will be available to the CAs at their mailbox through the DEG. The file layout, including header and trailer records, can be found in Appendix C. This report is different than the 997 Functional Acknowledgment discussed earlier. The report will advise of the status of the records submitted in a particular file. If the records result in any errors Commissioners Minutes Continued. January 20, 2010 241 MDCH Supplemental Instructions to Substance Abuse Page 6 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) being identified in the editing process, the report will specify the records that contain errors and the nature of the errors. When retrieving the Error Return File from the DEG, you must use the “get” command. Once your logon has been accepted, the prompt ftp> appears, type dir to select the directory of files available. From the list of files that may be shown, look at the column labeled APPL, these are the files ready to be retrieved. The 837 Encounter Error Return File APPL ID is 4950. Therefore, you would type: get 4950 c:\download\4950 This will move the oldest 4950 file to the sender’s PC. The file will downloaded to the C drive, in the “download” directory, to file 4950. All Error Return Files will reference the data submission number. It is critical that the CA track their data submission number. 2.8 Rejection Criteria MDCH will reject encounters that fail to meet specified edit criteria. The following outlines situations that will result in the rejection of an entire batch, an individual encounter, or a specific service line. A. Batch There are minimal structural requirements that must be met to allow an entire batch to be properly read and interpreted. If a transmitted batch fails to meet any of the following criteria, the entire batch will be rejected: 1. Submitter Identifier (Loop 1000A, NM109) is missing or invalid 2. Submission Number (HDR, BHT03) is missing 3. Submission Number (HDR, BHT03) is not alphanumeric 4. Submission Number (HDR, BHT03) has been used on a previous batch 5. Transaction Type Code (HDR, BHT06) is not “RP”, encounters 6. Transmission Type Code (HDR, REF02) is missing or invalid MDCH will not reject an entire batch based on the contents of individual records within the file. B. Encounter Rejections below the batch level may occur for an entire encounter. An encounter is defined as all of the services incurred under the same claim/encounter identifier assigned by the provider or the CA. The following situations will result in rejection of the encounter, including all of the services that are part of the encounter: 1. The data in any of the following fields is missing or invalid: a. Other Payer Primary Identifier (Loop 2330B, NM109) b. Submitter Primary Identifier (Loop 1000A, NM109) is not valid for the Other Payer Primary Identifier (Loop 2330B, NM109) c. Other Payer Secondary Identifier – Encounter Reference Number (Loop 2330B, REF02) Commissioners Minutes Continued. January 20, 2010 242 MDCH Supplemental Instructions to Substance Abuse Page 7 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) d. Service Line Number - Counter (Loop 2400, LX01) e. Claim Frequency Type Code - Original, Void, Replacement (Loop 2300, CLM05-3) f. Subscriber Primary Identifier (Loop 2010BA, NM109) g. Admission Date (Institutional transactions only) (Loop 2300, DTP03) h. Principal Diagnosis Code (Institutional transactions only) (Loop 2300, HI01-2) 2. The encounter is a duplicate of a previously submitted encounter. 3. The encounter is a void or replacement of an encounter that does not exist in the data warehouse. C. Service Line It is possible MDCH will reject only a service line from a submitted encounter. The reason for this is to keep the data warehouse as complete as possible while awaiting corrected encounters. If an edit fails a service line, only the failing service line will be rejected, all other data will be stored on the warehouse. If there is only one service line on an encounter and that service line is rejected, the entire encounter will be rejected. The following are examples of situations in which a service line will be rejected for missing or invalid values. 1. Service Date (Loop 2400, DTP03) 2. The first Diagnosis Code Pointer “points” to an invalid diagnosis code (Professional Loop 2400, SV107-1) 3. Procedure Code (Professional Loop 2400, SV101-2, Dental Loop 2400, SV301-2, and those Institutional [Loop 2400, SV202-2] transactions where services require both a Revenue Code and a HCPCS code) 4. Revenue Code (Institutional Loop 2400, SV201) 5. Units (Professional Loop 2400, SV104, Dental Loop 2400, SV306, Institutional Loop 2400, SV205) 2.9 Correction Process Resubmission is the process the CA uses when the encounter has not made it through the translator or processing and there is subsequently no data stored in the data warehouse. The CA will need to resubmit when a 997 Functional Acknowledgement is received indicating the submission was not accepted or if the Error Return File contains messages that result in an action of “Reject Batch” or “Reject Encounter”, indicating the submission could not be processed. Replacement is the process the CA uses when the encounter has made it through the translator and processing system and is stored in the data warehouse, but for some reason needs to have corrections made to the data originally submitted. The CA will need to replace an encounter if the Error Return File contains a message that results in an action of “Reject Line”, if there has been a change in the number of units originally reported, if there has been a change in the monetary amounts originally reported, if the claim has been adjudicated since the encounter was reported using the year-end reconciliation process, and if there has been a change in the client’s eligibility changing the funding source reported in the original encounter (i.e., General Fund to Medicaid). Batches, encounters or service lines that were rejected by the system must be corrected and resubmitted within 30 days of the date the Error Return File was created. Refer to Appendix C, 837 Commissioners Minutes Continued. January 20, 2010 243 MDCH Supplemental Instructions to Substance Abuse Page 8 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Encounter Error Return File, for the “Creation Date” element reported in the Error Return File header and trailer records. When MDCH rejects an entire batch, the CA must make the necessary corrections and resubmit the batch. The individual transactions in the resubmitted file must have the same Claim Frequency Code (Loop 2300, CLM05-3) designation (i.e., original, void, or replacement) as what was reported on the rejected file. These should not be designated as replacement encounters. Since the contents of a rejected batch are not retained in the data warehouse, there is no record to replace in the warehouse. When MDCH rejects the encounter, the CA must correct the identified error(s) and resubmit the encounter. As with a rejected batch, a rejected encounter is not stored in the data warehouse, so the corrected encounter will be submitted with the same Claim Frequency Code designation as was coded on the first submission. If the rejected encounter was an original encounter, the “corrected” encounter should also be an original encounter. When MDCH rejects a service line, the CA must correct the identified error(s) and replace the entire encounter, including those service lines that were accepted by the data warehouse in the original submission. The MDCH encounter data warehouse processing system will replace in the warehouse the entire original encounter with the data submitted on the replacement encounter. The Claim Frequency Type Code is a “claim” level code, which means the entire claim/encounter is designated as either original, void, or replacement; this designation cannot be applied to an individual service line. If MDCH rejects a service line and there are multiple service lines on the encounter, the service lines that pass the edits will be retained in the data warehouse. While MDCH may reject only one service line reported on an encounter that contains multiple service lines, the CA may not correct a single service line on an 837 encounter transaction. The CA has two options: 1. The CA may replace the entire encounter once the errors have been corrected. The entire encounter (the service line that originally contained errors and all associated services) will be completely replaced in the data warehouse. The following information must be included within the 837 encounter: a. The Claim Frequency Type Code (Loop 2300, CLM05-3) on the replacement encounter must now be designated as replacement. b. The Replacement Claim Number (Loop 2300 REF02 and Loop 2330B REF02) must be the same as the claim number on the original claim. Since service line numbers within the 837 encounter must begin at “1” and increment by “1”, any attempt to correct a single line in a previously submitted and accepted encounter that contained multiple services would result in the replacement encounter deleting all of the previously accepted services. 2. The CA may leave the original encounter minus the rejected service(s) “as is” in the warehouse and create a new encounter reporting only the corrected service line(s). The new encounter must report a different claim number and should report a Claim Frequency Type Code of “Original”. CAs should NOT use this option for correcting a service that is already in the data warehouse, as it would result in the service being duplicated. Commissioners Minutes Continued. January 20, 2010 244 MDCH Supplemental Instructions to Substance Abuse Page 9 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) If the CA must replace or void a service that has been accepted into the data warehouse, it must do so by replacing or voiding the entire encounter on which the service originally appeared. The claim number for the replacement or void encounter must be the same as the original claim number. An encounter that was submitted by the CA can only be voided if the CA identifies that the client identified in the original encounter is not correct or if the CA identifies that the CA identified as the “Other Payer” in the encounter is not correct. The CA would never void an encounter to replace an encounter. To replace an encounter follow the steps outlined above. To void an encounter, the CA would change the encounter designation to void (Loop 2300, CLM05-3 value of “8”) and the Original Reference Number must be used (Loop 2300, REF02 and 2330B, REF02). When an encounter is voided, the CA must submit a new “original” encounter to report the service requiring reporting. 2.10 837 Encounter Data Elements The 837 transaction contains a number of required and situational data elements. It is MDCH’s intention to use many of these data elements to enhance the information available in the data warehouse. This section outlines many of the data elements that are of particular interest to MDCH, those that may be used in the processing of the 837 encounters, and those that have resulted in many questions from CAs. These supplemental instructions do not address all of the data elements in the 837 transaction. Note that implementation of the 837 encounter must include all required and applicable situational data elements identified in the implementation guide, not just those mentioned in this section. 2.10.1 Transaction Type Code (HDR, BHT06) All 837 transactions require the coding of a claim or encounter indicator. Transaction Type Code, which performs this function, appears in the Header Table portion of the transaction set. Specifically the BHT, or Beginning Hierarchical Transaction, segment must include data element BHT06. CAs must code this data element to a value of “RP” for all encounter data reporting. The value of “RP” should be reported whether the CA reimburses the provider on a fee-for-service, per diem, other payment basis. 2.10.2 Insured Group Name (Loop 2000B, SBR04) To report that the client is enrolled in the MIChild program, the CA must report the value “MICHILD” in SBR04, Insured Group Name. 2.10.3 Subscriber Primary Identifier (Loop2010BA, NM109) CAs are reporting on a number of clients, many enrolled in various Medicaid programs, many not enrolled in Medicaid at all but whose services are paid through a variety of funding sources, and some enrolled in MIChild. Clients are identified in these programs through the use of different unique identifiers. Since there is no national or MDCH standard subscriber primary identifier, CAs should follow these guidelines: If the client is enrolled in Medicaid, report their 8-digit Medicaid ID number If the client is enrolled in MIChild, report their 8-character Client Identification Number (CIN) assigned by the enrollment broker For persons not enrolled in Medicaid or MIChild, report their 9-digit Social Security Number Commissioners Minutes Continued. January 20, 2010 245 MDCH Supplemental Instructions to Substance Abuse Page 10 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Use the CA’s unique identifier (CA Client Identifier) only when the person is not enrolled in Medicaid or MIChild, and the Social Security Number is not known. The CA Client Identifier must be 11-characters. It may be alphanumeric. If necessary, right justify and zero fill to the left to create an 11-character value. 2.10.4 Contract Information (Loop 2300, Segment CN1 and Loop 2400, Segment CN1) When the contract arrangement between the CA and their providers is anything other than fee-for- service, MDCH recommends that this situational segment be reported to help explain monetary amounts and adjudication information provided within the 837 transaction. This information is optional at this time, however, if the CA chooses to report contract information the following guidelines should be used. 2.10.4.1 Contract Type Code (Loop 2300, CN101 and Loop 2400, CN101) Report one of the values as indicated in the standard code list provided. MDCH anticipates that many of the contract type codes reported may fall into the category of “Other”, value “09”. 2.10.4.2 Contract Amount Code (Loop 2300, CN102 and Loop 2400, CN102) The CA should report the contract amount as indicated by the instructions in the implementation guide. Report the contract amount for the Contract Type indicated in Loop 2300, CN101 or Loop 2400, CN101. If the Contract Type Code is “Per Diem”, the per diem rate would be reported in this element. 2.10.4.3 Contract Percent Code (Loop 2300, CN103 and Loop 2400, CN103) The CA should report a percent in this element only if the Contract Type Code reported in Loop 2300, CN101 or Loop 2400, CN101 is “Percent”. The value represents the contract percentage or charge percent. 2.10.5 Principal Diagnosis (Loop 2300, HI01) The 837 transaction sets allow a large number of diagnosis codes to be reported – over 14 on institutional encounters and eight on professional encounters. MDCH will collect up to 14 diagnosis codes for institutional encounters (the primary diagnosis, the admitting diagnosis, and twelve additional diagnosis codes) and up to eight diagnosis codes for professional encounters. The International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9-CM) is the standard code set CAs must use for reporting diagnosis codes. MDCH expects that all encounters will have a diagnosis reported. The diagnosis represents the reason for the encounter. Therefore it could be signs, symptoms, diagnosis if available, or other reason for the encounter. CAs should not ignore the V-series codes identified by ICD-9-CM. These codes include diagnoses that relate to encounters for various reasons, including administrative. The ICD-9-CM Diagnosis Code for Other Unknown and Unspecified Cause (799.9) may be used only in the following situations: Commissioners Minutes Continued. January 20, 2010 246 MDCH Supplemental Instructions to Substance Abuse Page 11 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) The client has a relationship with a client receiving substance abuse services and is receiving services for co-dependency. 2.10.6 Type of Bill (Institutional Loop 2300, CLM05) For institutional services, Type of Bill is a standard field that has been required on the UB-92 form and that provides several different pieces of information. The first digit of this data element identifies the type of facility (hospital, office, home, etc.). The second digit is referred to as the bill classification and conveys information on the place of service. The third digit is the frequency code and identifies the type of billing (e.g., original, interim, final, adjustment, void). MDCH will be using the components of Type of Bill to identify Record Type (original, void, replacement) and institutional place of service codes. 2.10.7 Facility Type Code (Loop 2300, CLM05-1 and Loop 2400 SV105 Professional and Dental) The data element identifies the type of facility where services were performed. CAs must refer to the standard code sets from the National Electronic Media Claims National Standard Format available from http://cms.hhs.gov/states/poshome.asp. 2.10.8 Diagnosis Code Pointers (Professional Loop 2400, SV107-1, SV107-2, SV107-3, SV107-4) Diagnosis codes for both institutional and professional transactions are provided at the claim level in the 837 transactions. For professional services, the 2400 service loop provides segments that contain diagnosis code pointers. These pointer data elements contain a value of one through eight. These values “point to” the diagnoses coded at the claim level that most closely correspond to each service line. Each service line can have up to four diagnosis pointers, or four separate diagnosis codes for each service. Each service may point to a different set of four diagnosis codes. 2.10.9 Rendering Provider Primary Identifier (Loop 2310B, NM109) With the implementation of the 837 transaction, CAs will need to report at least two identifiers for servicing (or rendering) providers. The servicing (or rendering) provider is the person or entity that actually provided the service. For rendering providers, the NM1 segment is required and will be used to report either the Employer Identification Number (EIN) or Social Security Number (SSN) of the provider. Note that this will be the case until the National Provider Identifier or NPI is adopted and all NM1 provider segments will then require the use of the NPI. 2.10.10 Rendering Provider Secondary Identifier (Professional Loop 2310B, REF02) Secondary identifiers are carried in the REF segment and MDCH requires CAs to report either the Medicaid ID or State License Number for all in-state providers. The 837 institutional encounter requires the identification of the service facility where services were provided (Loop 2310E, REF02). The nine-character Payer Identification number should never be used to report the rendering provider secondary identifier. Commissioners Minutes Continued. January 20, 2010 247 MDCH Supplemental Instructions to Substance Abuse Page 12 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) 2.10.11 Other Subscriber Information (Loop 2320) Segment SBR Loop 2320, Segment SBR reports information primarily about the Other Subscriber. This loop is required when there are known other payers potentially responsible for payment of the services reported. This loop repeats. MDCH will always be the receiver identified in Loop 1000B, therefore, none of the information reported here is specific to MDCH. The CA is an “other payer” and information specific to their responsibility and the subscriber’s relationship to them would be reported in the SBR segment. Any other commercial payer or Medicare would be reported in an iteration of this loop as well. 2.10.12 Payer Responsibility Sequence Number Code (Loop 2320, SBR01) This element identifies the level of financial responsibility all other payers have with respect to the services reported. Appropriate values to report are “P” for primary, “S” for secondary, and “T” for tertiary. The transaction must always have one payer identified as primary. If there are multiple payers, the level of responsibility for each must be determined. If the consumer has Medicare or a commercial carrier with financial responsibility, the commercial carrier or Medicare would be the primary payer and therefore “P” would be reported for them. In this example, the CA would be reported as the secondary payer, “S”. If there is Medicare and a commercial payer, the commercial carrier would be identified as primary, “P”, and Medicare secondary, “S”. The CA would then be reported with a value of “T”, tertiary. Tertiary can be reported multiple times if needed. 2.10.13 Other Insured Identifier (Loop 2330A Other Subscriber Name – NM109 Other Insured Identifier) All substance abuse encounters will require the reporting of the CA Client Identifier in Loop 2330A, NM109. This element is intended to report the unique member number assigned by the plan or other payer (CA). The CA Client Identifier must be reported here even when it was used as the subscriber primary identifier in Loop 2010BA, NM109. The CA Client Identifier must be 11-characters in length. Right justify and zero fill to the left if required to create an 11-character CA Client Identifier. 2.10.14 Other Payer Primary Identifier (Loop 2330B Other Payer Name – NM109 Other Payer Primary Identifier) The contract between MDCH and the CAs for capitated substance abuse services places responsibility on the CA for the management of client services and payment for services rendered by contracted providers. The CA is reported as an Other Payer (Loop 2330B). A Payer Identification (PI) number is required in Loop 2330B, NM109 of the 837 to identify the Other Payer(s). MDCH will enroll CAs as payers. They will receive a nine-character number (for example, 17XXXXXXX) that identifies them as an MDCH health plan. This number will be required to be reported as their Payer ID until such time as the national standard Plan ID is implemented. MDCH will use this identifier to identify the CA within the encounter transaction. This number is also used to link the 837 Encounter with the client’s corresponding QI data file. This number is different than the Provider Identifier used to identify the direct care provider. To report other commercial payers, the CA should use the carrier code assigned by MDCH. The carrier codes can be found in a listing posted on the MDCH website, www.michigan.gov/mdch. Click Providers, Information for Medicaid Providers, then Third Party Liability. Medicare does not have an MDCH assigned carrier code. When reporting Medicare as an Other Payer, the following numbers should be used to report the Other Payer Primary Identifier: Commissioners Minutes Continued. January 20, 2010 248 MDCH Supplemental Instructions to Substance Abuse Page 13 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Medicare Part A (United Government Services), use “00452” Medicare Part B (Wisconsin Physician Services), use “00953” 2.10.15 Procedure Code (Professional Loop 2400, SV101-2, Dental Loop 2400, SV301-2, and Institutional Loop 2400, SV201 for Revenue Code and SV202-2 for Service Line) MDCH has developed a list of procedure and revenue codes to be used when submitting 837 encounter and claims data for substance abuse services. The Centers for Medicare and Medicaid Services (CMS) has not yet approved all the codes for substance abuse that the states have requested. The requested codes will not be approved and available for use in time for implementation of the ASC X12N 837 version 4010 encounter format. Therefore the code crosswalk developed by MDCH will be used for reporting revenue codes and procedure codes on 837 encounters and claims until otherwise notified. The code crosswalk for substance abuse services is posted on the MDCH website which should be checked regularly for updates. The code crosswalk can be found at the following address: http://www.michigan.gov/documents/SubAbuseCodeChart8-15-03_71938_7.pdf 2.10.16 Financial/Adjudication Data Elements The provider-to-payer-to-payer COB data model of the 837 is being used and will provide MDCH with expanded financial information on encounter records. The loops in the 837 HIPAA implementations that are used to convey information regarding adjudication are the 2320 (Other Subscriber Information) and 2430 (Service Line Adjudication Information). Reporting of financial data is voluntary through September 2003. If CAs choose to report financial data for FY03 encounters, the following guidelines should be followed. The financial, or adjudication fields that MDCH requests the CAs to report include: Submitted Line Item Charge Amount (Provider Billed Amount) Approved Amount (Allowable Amount) Paid Amount Adjustment Amounts Adjustment Group and Reason Codes 2.10.16.1 Submitted Line Item Charge Amount (Professional Loop 2400, SV102, Institutional Loop 2400, SV203) MDCH expects CAs to report the provider submitted charge amount or billed amount. This charge generally represents the provider’s usual and customary amount for the service. There have been no situations identified where substance abuse services would not have a charge. Therefore, the amount coded in the Submitted Charge Amount data element should not be “0” (zero). Institutional encounters also accommodate reporting total submitted charges (COB Total Submitted Charges) within Loop 2320, AMT02. Commissioners Minutes Continued. January 20, 2010 249 MDCH Supplemental Instructions to Substance Abuse Page 14 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) 2.10.16.2 COB Approved (Allowed) Amount (Professional Loop 2320, AMT02 and Loop 2400, AMT02, Institutional Loop 2320, AMT02 [COB Total Allowed Amount]) CAs should report their fee schedule amount, or what they would have paid for the service (maximum allowable amount), whether or not the service was covered with the provider on a per diem, case rate, prepaid or other payment basis. If the CA never covers the specific service reported, the Approved Amount may be “0” (zero). 2.10.16.3 COB Payer Paid Amount (Loop 2320, AMT02 and Loop 2430, SVD02) If the CA paid the provider for the service, the Paid Amount should reflect the amount paid. If the service was not covered by the CA, or was covered under a contract payment methodology such as prepaid or per diem, “0” (zero dollars) may be an appropriate Paid Amount. 2.10.16.4 Other Payer Adjustment Amount (Loop 2320, CAS03, CAS06…CAS18 and Loop 2430, CAS03, CAS06…CAS18) If the Paid Amount reflects any adjustment to the billed amounts, the adjustment amount, as well as adjustment reasons must be reported. 2.10.16.5 Other Payer Adjustment Group Code (Loop 2320, CAS01 and Loop 2430, CAS01) This data element identifies the general category of payment adjusted. The CA must use the values identified in the implementation guide. Code values include, “CO” for contractual obligation, “OA” for Other Adjustments, and “PR” for patient responsibility. 2.10.16.6 Other Payer Adjustment Reason Code (Loop 2320, CAS02, CAS05…CAS17 and Loop 2430, CAS02, CAS05…CAS17) This element is required to report the detailed reason for any adjustment to the submitted line item charge amount. CAs must use the standard Claim Adjustment Reason Codes available at www.wpc- edi.com. Example A: CA “A” pays a contracted provider on a fee-for-service basis for all services. The CA uses a fee schedule to determine its approved (allowed) amount. John Doe is seen for Individual Therapy, adult or child, 45-50 minutes and the provider submits a claim to CA “A”. CA “A” adjudicates the claim and then reformats and sends an 837 encounter to MDCH. Submitted Charge Approved Amount Paid Amount Adjustment Reason Adjustment Amount $100 $55 $55 42 - charges exceed our fee- schedule or maximum allowable amount $45 Example B: CA “B” has a per diem contract arrangement with a local facility to provide intensive outpatient (IOP) services. The per diem rate is $100 per day. John Doe receives 13 days of IOP services. There is no other payer. CA “B” submits the encounter to MDCH. Submitted Approved / Paid Amount Adjustment Reason Adjustment Commissioners Minutes Continued. January 20, 2010 250 MDCH Supplemental Instructions to Substance Abuse Page 15 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Charge Allowed Amount Amount $2500 $1300 $0 A2 – contract adjustment $2500 Any time the charge amount does not equal the paid amount, the CA must report the adjustment amount and the adjustment reason. When reporting financial data CAs should heed the balancing requirements outlined in the Implementation Guides. Commissioners Minutes Continued. January 20, 2010 251 MDCH Supplemental Instructions to Substance Abuse Page 16 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Appendices Commissioners Minutes Continued. January 20, 2010 252 MDCH Supplemental Instructions to Substance Abuse Page 17 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Appendix A Encounter Error Listing Encounter Error Listing As Of 02/19/03 Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20000 File contains unreadable characters. RB Reject batch General file edit D/I/P 20015 Submitter Identifier is missing (is spaces or blanks). 20016 Submitter Identifier is not a valid submitter ID. 20017 Submitter Identifier is inconsistent between ISA06 and 1000A NM109 RB Reject batch 1000A, NM109 D/I/P Submitter Name Submitter Primary Identification Number 20020 Submission Number is missing (is spaces or blanks). 20021 Submission Number is not an alphanumeric value. 20022 Submission Number has already been used on a prior batch. RB Reject batch HDR, BHT03 D/I/P Beginning Of Hierarchical Transaction Originator Application Transaction ID 20025 Transaction Type Code not for encounters. RB Reject batch HDR, BHT06 D/I/P Beginning Of Hierarchical Transaction Claim or Encounter ID (Transaction Type Code) 20030 Transmission Type Code (Record Category) is missing (is spaces or blanks). Cannot edit the remainder of the record. 20031 Transmission Type Code (Record Category) is not equal to 004010X096, 004010X097 or 004010X098 for record category D, I or P. Cannot edit the remainder of the record. RB Reject batch HDR, REF02 D/I/P Transmission Type Identification Transmission Type Code 20050 Other Payer Primary Identifier (e.g., Health Plan ID) is missing (is zero, spaces, blanks, or null) for record category D, I or P. 20051 None of the Other Payer Primary Identifiers are valid Capitated Plans for record category D, I or P. 20052 There is an invalid combination of Other Payer Primary Identifiers. The valid combinations are: • Exactly one MQHP, CA, or PHP • Exactly one PHP and one CMHSP Any other combination of Other Payer Primary Identifiers (including none or more than two) is ambiguous and will cause this error. 20053 The Capitated Plan Identifier is not valid for the Submitter Identifier for record category D, I or P. RE Reject encounter 2330B, NM109 D/I/P Other Payer Name Other Payer Primary Identifier Commissioners Minutes Continued. January 20, 2010253 MDCH Supplemental Instructions to Substance Abuse Page 18 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20055 Other Payer Secondary Identifier (Encounter Reference Number) is missing (is spaces, blanks or zeroes) for record category D, I or P. 20056 Other Payer Secondary Identifier (Encounter Reference Number) is not an alphanumeric value for record category D, I or P. RE Reject encounter 2330B, REF02 D/I/P Other Payer Secondary Identification and Reference Number Other Payer Secondary Identifier 20057 Service Line Counter (Encounter Detail Line Number) is missing (is spaces, blanks or zeroes) for record category D, I or P. 20058 If record category I, Service Line Counter (Encounter Detail Line Number) is not between 01 and 999. If record category D or P Encounter Detail Line Number is not between 01 and 50. 20059 Service Line Counter(s) [Encounter Detail Line Number(s)] not started with one or not sequentially numbered. RE Reject encounter 2400, LX01 D/I/P Service Line Number Line Counter 20060 Claim Frequency Code (Record Type) is missing (is spaces, blanks or zeroes) for record category D, I or P. 20061 Claim Frequency Code (Record Type) is invalid for record category D, I or P. RE Reject encounter 2300, CLM05-3 D/I/P Claim Information Claim Frequency Code 20100 Subscriber Primary Identifier (Medicaid ID) is missing (is spaces, blanks or zeroes) and MQHP encounter for record category D, I or P. 20101 Subscriber Primary Identifier (Medicaid ID) does not exist in the Medicaid eligibility file and MQHP encounter for record category D, I or P. RE Reject encounter 20102 Subscriber Primary Identifier (Medicaid ID) is missing (is spaces, blanks or zeroes) and CMH or SA encounter for record category D, I or P. 20103 Subscriber Primary Identifier (Medicaid ID) does not exist in the Medicaid eligibility file and CMH or SA encounter for record category D, I or P. IO Info only 2010BA, NM109 D/I/P Subscriber Name Subscriber Primary Identifier (Medicaid ID) 20104 Subscriber SSN ID present, not numeric and MQHP encounter for record category D, I or P. RE Reject encounter 2010BA, NM109 2010BA, REF02 D/I/P Subscriber Name Subscriber Primary Identifier/Supplemental Identifier (SSN ID) 20105 Batch is for CMH or SA and Other Insured Identifier (Submitter's Subscriber Unique ID) is missing (is spaces, blanks or zeroes) for record category D, I or P. 20106 Batch is for SA and Other Insured Identifier (Submitter's Subscriber Unique ID) present and does not exist in the applicable SA QI file for record category I, D or P. RE Reject encounter 2330A, NM109 D/I/P Other Subscriber Name Other Insured Identifier Commissioners Minutes Continued. January 20, 2010254 MDCH Supplemental Instructions to Substance Abuse Page 19 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20107 Batch is for CMH and no match to the applicable CMH QI file for record category D, I or P can be made for the combination of: • Other Insured Identifier (Submitter's Subscriber Unique ID), • Other Payer Primary Identifier equal to the QI PHP identifier, • Other Payer Primary Identifier equal to the QI CMH identifier, and • From Service Date falls within the fiscal year of the last reporting date QI data sent for the applicable fiscal year. 20108 Subscriber Primary Identifier ( Child Identification Number) is missing (is spaces, blanks or zeroes) and MIChild encounter for record category D, I or P. 20109 Subscriber Primary Identifier ( Child Identification Number) does not exist in the MIChild eligibility file and MQHP, BC/BS, or capitated dental MIChild encounter for record category D, I or P. RE Reject encounter 2010BA, NM109 D/I/P Subscriber Name Subscriber Primary Identifier ( Child Identification Number) 20140 Admission Date is missing but yet the revenue code has a Room and Board Designation for record category I for Inpatient Type of Bill. 20141 Admission Date present - Invalid date or date is in an invalid format for record category I for Inpatient Type of Bill. 20142 Admission Date present and is not less than or equal to the run date of this edit run for record category I for Inpatient Type of Bill. 20143 Admission Date present and is greater than the Discharge date for record category I for Inpatient Type of Bill. RE Reject encounter I 20144 Admission date is not equal or less than run date for record category D or P. 20145 Admission Date present but an invalid date or date is in an invalid format for record category D or P. IO Info only 2300, DTP03 (P, D and I for inpatient encounters only) D/ P Admission Date/Hour Admission Date and Hour/ Related Hospitalization Admission Date 20148 Statement Through Date/Related Hospitalization Discharge Date is missing but yet the Revenue Code indicates an admission with Room and Board charges and the Discharge Status indicates that a discharge occurred for record category I for Inpatient Type of Bill. 20149 Statement Through Date/ Related Hospitalization Discharge Date exists but yet Admission Date is missing for record category I for Inpatient Type of Bill. RE Reject encounter 2300, DTP03 (I for inpatient encounters only) I Statement Dates Statement Through Date/ Related Hospitalization Discharge Date Commissioners Minutes Continued. January 20, 2010255 MDCH Supplemental Instructions to Substance Abuse Page 20 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20150 Statement Through Date/ Related Hospitalization Discharge Date is an invalid date for record category I for Inpatient Type of Bill. 20151 Statement Through Date/ Related Hospitalization Discharge Date is less than the Admission Date for record category I for Inpatient Type of Bill. 20152 Statement Through Date/ Related Hospitalization Discharge Date is not less than or equal to the run date of this edit run for record category I for Inpatient Type of Bill. 20155 Patient Status Code (Discharge Status) is not a valid code for record category I for Inpatient Type of Bill. 20156 Patient Status Code (Discharge Status) is missing but yet the revenue code has a Room and Board Designation for record category I for Inpatient Type of Bill. IO Info only 2300, CL103 (I only) I Institutional Claim Code Patient Status Code 20170 Service Date is missing (is spaces, blanks or zeroes) for record category D or P or I for Outpatient Type of Bill. 20171 Service Date - Invalid date or date is not in the format CCYYMMDD for record category D or P or I for Outpatient Type of Bill. 20172 Service Date is not less than or equal to the run date of this Edit Run for record category D or P or I for Outpatient Type of Bill. RL Reject line 2300, DTP03 (D only) 2400, DTP03 D/I/P Date - Service (D only) Service Line Date Service Date 20175 Statement From Date is missing (is spaces, blanks or zeroes) for record category I. 20176 Statement From Date - Invalid date or date is not in the format CCYYMMDD for record category I. 20177 Statement From Date is not less than or equal to the run date of this Edit Run for record category I. RE Reject encounter 2300, DTP03 (I only) I Statement Dates Statement From Date 20190 Taxonomy Code is not a valid taxonomy code for record category I IO Info only 2000A, PRV03 2310E, PRV03 (I only) I Servicing Facility Provider Specialty Information Servicing Facility Provider Taxonomy /Specialty Code 20191 Taxonomy Code is not a valid taxonomy code for record category D or P IO Info only 2000A, PRV03 (D and P only) 2310B, PRV03 (D and only) 2420A, PRV03 (D and only) D/P Billing/Rendering Provider Specialty Information Rendering (Servicing) Provider Taxonomy /Specialty Code Commissioners Minutes Continued. January 20, 2010256 MDCH Supplemental Instructions to Substance Abuse Page 21 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20200 Primary Diagnosis Code is not a valid diagnosis code for record category I. RE Reject encounter 20201 Primary Diagnosis Code is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20202 Primary Diagnosis Code is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. IO Info only 20203 Primary Diagnosis Code is missing (is zeroes, blanks or spaces) for record category I. RE Reject encounter 2300, HI01-2 I Health Care/ Principle, Admitting, E-Code and Patient Reason For Visit Diagnosis Information Diagnosis Code 20204 Admission Diagnosis Code is present and the Revenue Code indicates an admission with Room and Board charges and admission diagnosis code is not valid for record category I. 20205 Admission Diagnosis Code is missing (is zeroes, blanks or spaces) but the Revenue Code indicates an admission with Room and Board charges for record category I. 20206 Admission Diagnosis Code is not appropriate for the subscriber’s age on the applicable QI or Medicaid eligibility file for record category I. 20207 Admission Diagnosis Code is not a valid diagnosis code for record category I. 20208 Admission Diagnosis Code is not appropriate for the subscriber’s gender for record category I according to the QI or Medicaid eligibility file. IO Info only 2300, HI02-2 (I only) I Principle, Admitting, E-Code and Patient Reason For Visit Diagnosis Information Diagnosis Code 20209 Other Diagnosis Code 1 exists but yet Primary Diagnosis Code is missing for record category I. 20210 Other Diagnosis 1 Code is not a valid diagnosis code for record category I. 20211 Other Diagnosis Code 1 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20212 Other Diagnosis Code 1 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. IO Info only 2300, HI01-2 I Health Care/ Other Diagnosis Information Diagnosis Code Other - 1 20213 Other Diagnosis Code 2 exists but yet one of the previous Diagnosis Codes are missing for record category I. IO Info only 2300, HI02-2 (I only) I Health Care/ Other Diagnosis Diagnosis Code Other - 2 Commissioners Minutes Continued. January 20, 2010257 MDCH Supplemental Instructions to Substance Abuse Page 22 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20214 Other Diagnosis Code 2 is not a valid diagnosis code for record category I. 20215 Other Diagnosis Code 2 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20216 Other Diagnosis Code 2 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20217 Other Diagnosis Code 2 exists but yet, Primary Diagnosis Code is missing for record category I Information 20218 Other Diagnosis Code 3 exists but yet one of the previous Diagnosis Codes are missing for record category I. 20219 Other Diagnosis Code 3 is not a valid diagnosis code for record category I. 20220 Other Diagnosis Code 3 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20221 Other Diagnosis Code 3 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20222 Other Diagnosis Code 3 exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI03-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 3 20223 Other Diagnosis Code 4 exists but yet one of the previous Diagnosis Codes are missing for record category I. 20224 Other Diagnosis Code 4 is not a valid diagnosis code for record category I. 20225 Other Diagnosis Code 4 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files e. 20226 Other Diagnosis Code 4 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20227 Other Diagnosis Code 4 exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI04-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 4 Commissioners Minutes Continued. January 20, 2010258 MDCH Supplemental Instructions to Substance Abuse Page 23 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20228 Other Diagnosis Code 5 exists but yet one of the previous Diagnosis Codes are missing for record category I. 20229 Other Diagnosis Code 5 is not a valid diagnosis code for record category I. 20230 Other Diagnosis Code 5 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20231 Other Diagnosis Code 5 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20232 Other Diagnosis Code 5 exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI05-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 5 20233 Other Diagnosis Code 6 exists but yet one of the previous Diagnosis Codes are missing for record category I. 20234 Other Diagnosis Code 6 is not a valid diagnosis code for record category I. 20235 Other Diagnosis Code 6 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20236 Other Diagnosis Code 6 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20237 Other Diagnosis Code 6 exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI06-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 6 20238 Other Diagnosis Code 7 exists but yet one of the previous Diagnosis is missing for record category I. 20239 Other Diagnosis Code 7 is not a valid diagnosis code for record category I. 20240 Other Diagnosis Code 7 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20241 Other Diagnosis Code 7 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. IO Info only 2300, HI07-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 7 Commissioners Minutes Continued. January 20, 2010259 MDCH Supplemental Instructions to Substance Abuse Page 24 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20242 Other Diagnosis Code 7 exists but yet, Primary Diagnosis Code is missing for record category I. 20243 Other Diagnosis Code 8 exists but yet one of the previous Diagnosis is missing for record category I. 20244 Other Diagnosis Code 8 is not a valid diagnosis code for record category I. 20245 Other Diagnosis Code 8 is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20246 Other Diagnosis Code 8 is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20247 Other Diagnosis Code 8 exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI08-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 8 20248 Other Diagnosis 9 Code exists but yet one of the previous Diagnosis Codes are missing for record category I. 20249 Other Diagnosis 9 Code is not a valid diagnosis code for record category I. 20250 Other Diagnosis 9 Code is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20251 Other Diagnosis 9 Code is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20252 Other Diagnosis 9 Code exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI09-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 9 20253 Other Diagnosis 10 Code exists but yet one of the previous Diagnosis Codes are missing for record category I. 20254 Other Diagnosis 10 Code is not a valid diagnosis code for record category I. 20255 Other Diagnosis 10 Code is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. IO Info only 2300, HI10-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 10 Commissioners Minutes Continued. January 20, 2010260 MDCH Supplemental Instructions to Substance Abuse Page 25 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20256 Other Diagnosis 10 Code is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20257 Other Diagnosis 10 Code exists but yet, Primary Diagnosis Code is missing for record category I. 20260 Other Diagnosis 11 Code exists but yet one of the previous Diagnosis Codes are missing for record category I. 20261 Other Diagnosis 11 Code is not a valid diagnosis code for record category I. 20262 Other Diagnosis 11 Code is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20263 Other Diagnosis 11 Code is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20264 Other Diagnosis 11 Code exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI11-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 11 20270 Other Diagnosis 12 Code exists but yet one of the previous Diagnosis Codes are missing for record category I. 20271 Other Diagnosis 12 Code is not a valid diagnosis code for record category I. 20272 Other Diagnosis 12 Code is not appropriate for the subscriber’s age for record category I according to the applicable Medicaid Eligibility File or QI Files. 20273 Other Diagnosis 12 Code is not appropriate for the subscriber’s gender for record category I according to the applicable Medicaid Eligibility File or QI Files. 20274 Other Diagnosis 12 Code exists but yet, Primary Diagnosis Code is missing for record category I. IO Info only 2300, HI12-2 (I only) I Health Care/ Other Diagnosis Information Diagnosis Code Other - 12 20280 Diagnosis Code Pointer 1 missing or invalid (assumed to be primary diagnosis pointer for the line) for record category P. 20281 Diagnosis Code Pointer 1 valid but points to invalid or missing diagnosis code. RL Reject line 2400, SV107-1 (P only) P Professional Service Diagnosis Code Pointer 1 Commissioners Minutes Continued. January 20, 2010261 MDCH Supplemental Instructions to Substance Abuse Page 26 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20282 Diagnosis Code Pointer 1 points to a diagnosis code that is not appropriate for the subscriber’s age for record category P according to the applicable Medicaid Eligibility File or QI Files. 20283 Diagnosis Code Pointer 1 points to a diagnosis code that is not appropriate for the subscriber’s gender for record category P according to the applicable Medicaid Eligibility File or QI Files. IO Info only 20284 Diagnosis Code Pointer 2 invalid pointer. 20285 Diagnosis Code Pointer 2 valid but points to invalid or missing diagnosis codes. 20286 Diagnosis Code Pointer 2 points to a diagnosis code that is not appropriate for the subscriber’s age for record category P according to the applicable Medicaid Eligibility File or QI Files. 20287 Diagnosis Code Pointer 2 points to a diagnosis code that is not appropriate for the subscriber’s gender for record category P according to the applicable Medicaid Eligibility File or QI Files. IO Info only 2400, SV107-2 (P only) P Professional Service Diagnosis Code Pointer 2 20288 Diagnosis Code Pointer 3 invalid pointer. 20289 Diagnosis Code Pointer 3 valid but points to invalid or missing diagnosis codes. 20290 Diagnosis Code Pointer 3 points to a diagnosis code that is not appropriate for the subscriber’s age for record category P according to the applicable Medicaid Eligibility File or QI Files. 20291 Diagnosis Code Pointer 3 points to a diagnosis code that is not appropriate for the subscriber’s gender for record category P according to the applicable Medicaid Eligibility File or QI Files. IO Info only 2400, SV107-3 (P only) P Professional Service Diagnosis Code Pointer 3 20292 Diagnosis Code Pointer 4 invalid pointer. 20293 Diagnosis Code Pointer 4 valid but points to invalid or missing diagnosis codes. 20294 Diagnosis Code Pointer 4 points to a diagnosis code that is not appropriate for the subscriber’s age for record category P according to the applicable Medicaid Eligibility File or QI Files. 20295 Diagnosis Code Pointer 4 points to a diagnosis code that is not appropriate for the subscriber’s gender for record category P according to the applicable Medicaid Eligibility File or QI Files. IO Info only 2400, SV107-4 (P only) P Professional Service Diagnosis Code Pointer 4 20301 Principal Procedure Code was not yet valid at time of service for record category I. IO Info only 2300, HI01-2 (I only) I Principal Procedure Information Principal Procedure Code Commissioners Minutes Continued. January 20, 2010262 MDCH Supplemental Instructions to Substance Abuse Page 27 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20302 Principal Procedure Code was no longer valid at time of service for record category I. 20310 Service Line Revenue Code is missing (is zeroes, blanks or spaces) for record category I. 20311 Service Line Revenue Code is invalid for record category I. 20312 Service Line Revenue Code was not yet valid at time of service record category I. 20313 Service Line Revenue Code was no longer valid at time of service record category I. RL Reject line 2400, SV201 (I only) I Institutional Service Line Service Line Revenue Code 20314 Record category I and hospital outpatient type-of-bill and Procedure Code (HCPCS or local procedure codes for CMH and CA data) not present and valid. IO Info only 20315 Record category I and home health services type-of-bill, and Procedure Code (HCPCS or local procedure codes for CMH and CA data) not present and valid. RL Reject line 20316 Procedure Code (HCPCS or local procedure codes for CMH and CA data) was not yet valid at time of service for record category I. 20317 Procedure Code (HCPCS or local procedure codes for CMH and CA data) was no longer valid at time of service for record category I. IO Info only 2400, SV202-2 (I only) I Institutional Service Line Procedure Code (HCPCS) 20319 Service Line Procedure Code is missing (is zeroes, blanks or spaces) for record category P. 20320 Service Line Procedure Code is invalid for record category D or P. 20321 Service Line Procedure Code was not yet valid at time of service record category D or P. 20322 Service Line Procedure Code was no longer valid at time of service record category D or P. RL Reject line 2400, SV301-2 (D only) 2400, SV101-2 (P only) D/P Dental/Professional Service Procedure Code 20330 Procedure Code Modifier 1 exists but yet Procedure Code is missing (is zeroes, blanks or spaces) for record category I or P. 20331 Procedure Code Modifier 1 is not a valid HCPCS procedure code modifier for record category I or P. IO Info only 2400, SV202-3 (I only) 2400, SV101-3 (P only) I/P Institutional/Professional Service Line Procedure Modifier 1 20334 Procedure Code Modifier 2 exists but yet Procedure Code is missing (is zeroes, blanks or spaces) for record category I or P. 20335 Procedure Code Modifier 2 exists but yet Procedure Code Modifier 1 is missing (is zeroes, blanks or spaces) for record category I or P. IO Info only 2400, SV202-4 (I only) 2400, SV101-4 (P only) I/P Institutional/Professional Service Line Procedure Modifier 2 Commissioners Minutes Continued. January 20, 2010263 MDCH Supplemental Instructions to Substance Abuse Page 28 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20336 Procedure Code Modifier 2 is not a valid HCPCS procedure code modifier for record category I or P. 20340 Procedure Code Modifier 3 exists but yet Procedure Code is missing (is zeroes, blanks or spaces) for record category I or P. 20341 Procedure Code Modifier 3 exists but yet one of the prior Procedure Code Modifiers is missing (is zeroes, blanks or spaces) for record category I or P. 20342 Procedure Code Modifier 3 is not a valid HCPCS procedure code modifier for record category I or P. IO Info only 2400, SV202-5 (I only) 2400, SV101-5 (P only) I/P Institutional/Professional Service Line Procedure Modifier 3 20345 Procedure Code Modifier 4 exists but yet Procedure Code is missing (is zeroes, blanks or spaces) for record category I or P. 20346 Procedure Code Modifier 4 exists but yet one of the prior Procedure Code Modifiers is missing (is zeroes, blanks or spaces) for record category I or P. 20347 Procedure Code Modifier 4 is not a valid HCPCS procedure code modifier for record category I or P. IO Info only 2400, SV202-6 (I only) 2400, SV101-6 (P only) I/P Institutional/Professional Service Line Procedure Modifier 4 20350 Product Or Service (Procedure) ID Qualifier missing and there is a procedure code for record category P or D. 20351 Product Or Service (Procedure) ID Qualifier missing and there is a HCPCS Procedure Code for record category I. IO Info only 2400, SV202-1 (I only) 2400, SV301-1 (D only) 2400, SV101-1 (P only) D/I/P Institutional/Dental/Professional Service Product/Service ID Qualifier 20400 Facility Type Code (Place of Service) is missing (is zeroes, blanks or spaces) for record category D or P. IO Info only 2300, CLM05-1 (D and P only) 2400, SV303 (D only) 2400, SV105 (P only) D/P Claim Information Dental/Professional Service Facility Type Code 20401 Facility Type Code (First Two Digits of Type of Bill) is not a valid UB place of service code per the UB92 Type of Bill valid values for record category I. IO Info only 2300, CLM05-1 (I only) 2300, CLM05-3 (I only) I Claim Information Facility Type Code 20402 Facility Type Code (Place of Service) is not a valid place of service code for record category D or P. IO Info only 2300, CLM05-1 (D and P only) 2400, SV303 (D only) 2400, SV105 (P only) D/P Claim Information Dental/Professional Service Facility Type Code 20403 Facility Type Code (First Two Digits of Type of Bill) is missing (is zeros, blanks or spaces) for record category I. IO Info only 2300, CLM05-1 (I only) 2300, CLM05-3 (I only) I Claim Information Facility Type Code Commissioners Minutes Continued. January 20, 2010264 MDCH Supplemental Instructions to Substance Abuse Page 29 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20410 Service Line Units (Quantity) is missing (is zeroes, blanks or spaces) for record category D, I or P. 20411 Service Line Units (Quantity) is less than 0 or not numeric for record category D, I or P. RL Reject line 2400, SV205 (I only) 2400, SV306 (D only) 2400, SV104 (P only) D/I/P Institutional/Dental/Professional Service Line Service Line Units/Procedure Count 20420 Adjudication Date is missing (is spaces, blanks or zeroes) for a payer at both the encounter and service line level for record category D, I or P. Value changed to null. 2430, DTP03 2330B, DTP03 Service Line Adjudication Date Claim Adjudication Date Adjudication Or Payment Date 20421 Claim Adjudication Date - Invalid date or date is not in the format CCYYMMDD for record category D, I or P. Value changed to null. 2330B, DTP03 Claim Adjudication Date Adjudication Or Payment Date 20423 Service Line Adjudication Date - Invalid date or date is not in the format CCYYMMDD for record category D, I or P. Value changed to null. IO Info only 2430, DTP03 D/I/P Service Line Adjudication Date Adjudication Or Payment Date 20471 Reference Identification/Billing Provider Secondary ID Number (Medicaid ID) is missing and a Medicaid encounter for record category D, I or P. IO Info only 2010AA, REF02 D/I/P Billing Provider Secondary Identification Reference Identification/Billing Provider Secondary ID Number (Medicaid ID) 20500 Billing Provider Qualifier (Billing Provider SSN or EIN ID) is missing (is spaces, blanks or zeroes) for record category D, I or P for MQHP or SA. IO Info only 2010AA, NM108 D/I/P Billing Provider Name Identification Code Qualifier 20501 Billing Provider Primary ID Number (SSN or EIN) missing for record category D, I or P for MQHP or SA. RE Reject encounter 2010AA, NM109 D/I/P Billing Provider Name Billing Provider Primary Identifier 20502 Laboratory or Facility Primary Identifier missing for record category I for MQHP. RE Reject encounter 2010AA, NM109 (I only) 2010AB, NM109 (I only) 2310E, NM109 (I only) I Service Facility Name Laboratory or Facility Primary Identifier 20503 Rendering Provider Identification (SSN or EIN) missing for record category D or P for MQHP. RL Reject line 2010AA, NM109 (D and P only) 2010AB, NM109 (D and P only) 2310B, NM109 (D and P only) 2420A, NM109 (D and P only) D/P Rendering Provider Name Rendering Provider Primary Identifier Commissioners Minutes Continued. January 20, 2010265 MDCH Supplemental Instructions to Substance Abuse Page 30 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20530 Rendering Provider Secondary Identification Number (State License Number or Medicaid ID) is missing and a Medicaid encounter for record category D or P. 2010AA, REF02 (D and P only) 2010AB, REF02 (D and P only) 2310B, REF02 (D and P only) 2420A, REF02 (D and P only) Billing/Pay-to/Rendering Provider Name Reference Identification/Billing/Pay-to/Rendering Provider Secondary Identification Number (State License Number ID or Medicaid ID) 20531 Servicing Facility Provider Secondary Identification Number (State License Number or Medicaid ID) is missing and a Medicaid encounter for record category I. IO Info only 2010AA, REF02 (I only) 2010AB, REF02 (I only) 2310E, REF02 (I only) D/I/P Billing/Pay-to Provider or Service Facility Name Reference Identification/Billing/Pay-To/Service Facility Provider Secondary Identification Number (State License Number ID or Medicaid ID) 20570 Submitted Charge Amount (Monetary Amount) missing - blank or null for record category D or P. IO Info only 2400, SV302 (D only) 2400, SV102 (P only) D/P Dental/Professional Service Submitted Charge Amount 20571 Line Item Charge Amount (Monetary Amount) missing - blank or null for record category I. IO Info only 2400, SV203 (I only) I Institutional Service Line Line Item Charge Amount 20572 COB Payer Paid Amount and Service Line Paid Amount both missing (blank or null) for record category P or D. IO Info only 2320, AMT02 2430, SVD02 D/P COB Payer Paid Amount Line Adjudication Information Payer Paid Amount Service Line Paid Amount 20573 Other Payer Allowed Amount missing (blank or null) for record category I, P, or D. IO Info only 2320, AMT02 D/I/P COB Allowed Amount Allowed Amount 20574 Adjusted Amount missing (blank or null) at both the claim level and the service line level and the Total Submitted Charges do not equal the COB Payer Paid Amount for record category P, or D IO Info only 2320, CAS03 2430, CAS03 D/I/P Claim Level Adjustments Line Adjustment Adjusted Amount - Claim Level Adjusted Amount - Line Level 20590 Revenue Code equal 100-219 and Service Line Rate Amount (Unit Rate) blank or null for record category I. IO Info only 2400, SV206 (I only) I/P Institutional Service Line Service Line Rate Amount 20610 Special Program Code not a valid value, value set to null for record category D or P. IO Info only 2300, CLM12 (D and P only) D/P Claim Information Special Program Code 20611 EPSDT Indicator not a valid value (Y or N), value set to null for record category P. IO Info only 2400, SV111 (P only) P Claim Information EPSDT Indicator 20612 Oral Cavity Designation Code is missing for record category D. IO Info only 2400, SV304 D Dental Service Oral Cavity Commissioners Minutes Continued. January 20, 2010266 MDCH Supplemental Instructions to Substance Abuse Page 31 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Error Number Error Description Msg Type Msg Type Description Loop, Data Element D/I/P Segment Description 20613 Oral Cavity Designation Code is not valid for record category D. Designation Code 20614 Tooth Number is present, but is not a valid value for record category D. RL Reject line 2400, TOO02 D Tooth Information Tooth Number 20615 Tooth Surface Code is present, but is not a valid value for record category D. RL Reject line 2400, TOO03 D Tooth Information Tooth Surface Code 20700 Original Other Payer Secondary Identifier (Encounter Reference Number) - encounter already exists for record category D, I or P. 20701 Replacement Other Payer Secondary Identifier (Encounter Reference Number) - no encounter exists to replace for record category D, I or P. 20702 Void Other Payer Secondary Identifier (Encounter Reference Number) - no encounter exists to void for record category D, I or P. RE Reject encounter 2330B, REF02 D/I/P Other Payer Secondary Identification and Reference Number Other Payer Secondary Identifier (Encounter Reference Number) 20703 All service lines for the encounter were rejected; therefore, encounter rejected for record category D, I or P. RE Reject encounter 20704 This record was superceded by another input record for record category D, I or P. IO Info only General file edit D/I/P 20801 SA Encounter HCPCS procedure code not compatible with admission service category RE Reject encounter 2400, SV202-2 (I only) 2400, SV101-2 (P only) I/P Institutional Service Line/ Professional Service Procedure Code (HCPCS) 20802 SA Encounter reflect HCPCS of assessment and the service date not while subscriber was in an admitted status or within one month after SARF date of admission 20803 SA Encounter reflect HCPCS other than assessment and the service date not while subscriber was in an admitted status RE Reject encounter 2400, DTP03 I/P Service Line Date Service Date 20807 Subscriber SSN ID present, not numeric and CMH or SA encounter for record category D, I or P. IO Info only 2010BA, NM109 2010BA, REF02 D/I/P Subscriber Name Subscriber Primary Identifier/Supplemental Identifier (SSN ID) 99999 This is the last message of your batch transmission. IO Info only General file edit D/I/P Commissioners Minutes Continued. January 20, 2010267 MDCH Supplemental Instructions to Substance Abuse Page 32 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Appendix B 837 Encounter Error Return File B.1 837 Encounter Error Return File Header This 837 Error Return File EDI Header is a single record that precedes the error report (Error Return File) that gives the entity that submitted data files detail on error detected by the Encounter Data Warehouse edits process. Table B-1: 837 Encounter Error Return File Header Layout Field Name Type Size Begin End Comments EDI-HEADER-RECORD EDI-TYPE X(4) 4 1 4 Value “HDDR EDI-APP X(4) 2 5 6 Value “MA” EDI-USER X(4) 4 7 10 Value “MMIS EDI-USER-ID X(4) 4 11 14 Value “00XX” (“XX” = Service Bureau Claim ID EDI-DATE-CYMD X(8) 8 15 22 Creation Date (format is YYYYMMDD) EDI TRANSFER DATE Transfer date or use creation date TRANSFER-YYYY X(4) 4 23 26 TRANSFER-MM X(2) 2 27 28 TRANSFER-DD X(2) 2 29 30 TRANSFER-HH X(2) 2 31 32 TRANSFER-MINUTE X(2) 2 33 34 EDI-FILE EDI-FILE-BEG X(4) 4 35 38 Value "4950" EDI-RUN-TYPE X(1) 1 39 39 Value “P” for production or “T” for test EDI-BATCH X(3) 3 40 42 Unique batch identifier FILLER 9(10) 10 43 52 FILLER X(101) 101 53 152 B.2 837 Encounter Error Return File Detail Record The following defines the 837 Error Return File that reflects the errors detected by the Encounter Data Warehouse edit process. Information on each error is included in the fields that are part of a record that describes the error. Table B-2: CA 837 Encounter Error Return File Detail Record Layout Field Name Type Size Begin End Comments ENCOUNTER-ERROR-RETURN-RECORD SUBMITTER-ID X(4) 4 1 4 Also called “autobiller ID” or “service bureau” - identifier of the organization that physically transmits the data. Commissioners Minutes Continued. January 20, 2010 268 MDCH Supplemental Instructions to Substance Abuse Page 33 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Field Name Type Size Begin End Comments CAPITATED-PLAN-ID X(20) 20 5 24 Also called “Health Plan ID” or “Primary Payer ID”, this is the ID of the Qualified Health Plan, Community Mental Health Services Provider or Coordinating Agency, etc. RELATED-PLAN-ID X(20) 20 25 44 Plan ID of a related plan, if any (e.g. the Prepaid Health Plan corresponding to a CMHSP.) SUBMISSION-NUMBER X(20) 20 45 64 Number identifying a batch - may not be reused by the same capitated health plan. ENCOUNTER-REFERENCE-NUMBER X(30) 30 65 94 The Encounter Reference Number assigned by the capitated health plan. ENCOUNTER-LINE-NUMBER X(3) 3 95 97 The Encounter Line Number assigned by the capitated health plan. Values are: “O” = Original “R” = Replacement RECORD-TYPE X(1) 1 98 98 “V” = Void Values are: “P” = Professional “I” = Institutional RECORD-CATEGORY X(1) 1 99 99 “D” = Dental ERROR-NUMBER X(5) 5 100 104 Format is “20nnn”. Reference Section Refer to Appendix B for Edit Error List. Values are: “RB” = Reject batch “RE” = Reject encounter “RL” = Reject line ERROR-SEVERITY X(2) 2 105 106 “IO” = Information only ERROR-FIELD X(20) 20 107 126 First 20 positions of erroneous field BATCH-SEQUENCE-NUMBER X(8) 8 127 134 An internally generated number indicating the relative position of a batch within an input file ASSIGNED-SEQ-ERN X(13) 13 135 147 ASSIGNED-SEQ-ERN, ASSIGNED- SEQ-TYPE and ASSIGNED-SEQ- ELN are internal Encounter Reference Numbers, Types and Line Numbers assigned by the edit program for its own use. However, the ASSIGNED-SEQ-ERN values will be assigned sequentially in the order in which the encounters appear in the input file, so it can also be used as a sequence number to sort the error results in that order. Commissioners Minutes Continued. January 20, 2010 269 MDCH Supplemental Instructions to Substance Abuse Page 34 of 34 Coordinating Agencies for 837 Encounter Data Submission (Rev. August 2007) Field Name Type Size Begin End Comments Type field indicating source of encounter: “60” = CMH “61” = SA “62” = MIChild “63” = Medicaid ASSIGNED-SEQ-TYPE X(2) 2 148 149 “64” = Delta Dental ASSIGNED-SEQ-ELN X(3) 3 150 152 Internal ELN assigned to this encounter line by the system B.3 837 Encounter Error Return File Trailer Record This 837 Error Return File EDI Trailer record follows the errors detected by the Encounter Data Warehouse edit process. Table B-3: CA 837 Encounter Error Return File Trailer Record Layout Field Name Type Size Begin End Comments EDI-HEADER-RECORD EDI-TYPE X(4) 4 1 4 Value “TRLR” EDI-APP X(4) 2 5 6 Value “MA” EDI-USER X(4) 4 7 10 Value “MMIS” EDI-USER-ID X(4) 4 11 14 Value “00XX” (“XX” = Service Bureau Claim ID EDI-DATE-CYMD X(8) 8 15 22 Creation Date (format is YYYYMMDD) EDI TRANSFER DATE Transfer date or use creation date TRANSFER-YYYY X(4) 4 23 26 TRANSFER-MM X(2) 2 27 28 TRANSFER-DD X(2) 2 29 30 TRANSFER-HH X(2) 2 31 32 TRANSFER-MINUTE X(2) 2 33 34 EDI-FILE EDI-FILE-BEG X(4) 4 35 38 Value "4950" EDI-RUN-TYPE X(1) 1 39 39 Value “P” for production or “T” for test EDI-BATCH X(3) 3 40 42 Unique batch identifier FILLER 9(10) 10 43 52 FILLER X(101) 101 53 152 Commissioners Minutes Continued. January 20, 2010 270 Commissioners Minutes Continued. January 20, 2010 271 Commissioners Minutes Continued. January 20, 2010 272 Commissioners Minutes Continued. January 20, 2010 273 Commissioners Minutes Continued. January 20, 2010 274 Commissioners Minutes Continued. January 20, 2010 275 Commissioners Minutes Continued. January 20, 2010 276 Commissioners Minutes Continued. January 20, 2010 277 Commissioners Minutes Continued. January 20, 2010 278 Commissioners Minutes Continued. January 20, 2010 279 Commissioners Minutes Continued. January 20, 2010 280 Commissioners Minutes Continued. January 20, 2010 281 Commissioners Minutes Continued. January 20, 2010 282 Commissioners Minutes Continued. January 20, 2010 283 Commissioners Minutes Continued. January 20, 2010 284 Commissioners Minutes Continued. January 20, 2010 285 Commissioners Minutes Continued. January 20, 2010 286 Commissioners Minutes Continued. January 20, 2010 287 Commissioners Minutes Continued. January 20, 2010 288 Commissioners Minutes Continued. January 20, 2010 289 Commissioners Minutes Continued. January 20, 2010 290 Commissioners Minutes Continued. January 20, 2010 291 Commissioners Minutes Continued. January 20, 2010 292 Commissioners Minutes Continued. January 20, 2010 293 Commissioners Minutes Continued. January 20, 2010 294 Commissioners Minutes Continued. January 20, 2010 295 Commissioners Minutes Continued. January 20, 2010 296 Commissioners Minutes Continued. January 20, 2010 297 Commissioners Minutes Continued. January 20, 2010 298 Commissioners Minutes Continued. January 20, 2010 299 Commissioners Minutes Continued. January 20, 2010 300 Commissioners Minutes Continued. January 20, 2010 301 Commissioners Minutes Continued. January 20, 2010 302 Commissioners Minutes Continued. January 20, 2010 303 Commissioners Minutes Continued. January 20, 2010 304 Commissioners Minutes Continued. January 20, 2010 305 Commissioners Minutes Continued. January 20, 2010 306 Commissioners Minutes Continued. January 20, 2010 307 Commissioners Minutes Continued. January 20, 2010 308 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH OFFICE OF DRUG CONTROL POLICY PREVENTION POLICY # 01 SUBJECT: Synar ISSUED: October 1,2006 EFFECTIVE: October 1, 2006 PURPOSE: The purpose of this policy is to specify Coordinating Agency (CA) requirements with regard to federal Substance Abuse Prevention and Treatment (SAPT) Block Grant Synar compliance. This policy applies to Regional Substance Abuse Coordinating Agencies (CAs) and their Synar- related provider network, including Designated Youth Tobacco Use Representatives (DYTUR), which are a part of substance abuse services administered through the Michigan Department of Community Health, Office of Drug Control Policy (MDCHIODCP). States must show compliance with federal requirements to be considered eligible for the SAPT Block Grant. States are also required to submit an annual report and an implementation plan with regard to Synar related activities. These requirements are incorporated in the annual SAPT block grant application. The state may be penalized up to 40 percent of the State's federal (SAPT) Block Grant award for non-compliance. The Synar Requirements are summarized as follows: 1) States must enact a youth access to tobacco law restricting the sale and distribution of tobacco products to minors. The Michigan Youth Tobacco Act (YTA) satisfies this requirement by restricting the sale and distribution of tobacco products to minors. 2) States must actively enforce their youth access to tobacco laws. 3) The State must conduct a formal Spar survey annually, to determine retailer compliance with the tobacco youth access law and to measure the effectiveness of the enforcement of the law. 4) The State must achieve and maintain a youth tobacco sales rate of 20 percent or less to underage youth during the formal Synar survey. In addition, the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention (SAMHSAICSAP) requires that an accurate listing of tobacco retail outlets be maintained, including periodic tobacco retail outlet coverage studies intended to confirm the accuracy of the list and establishes Synar sampling requirements. Commissioners Minutes Continued. January 20, 2010 309 PREVENTION POLICY # 01 EFFECTIVE: October 1, 2006 Page 2 of 4 It is the responsibility of the CA to implement tobacco access prevention measures to achieve and maintain a youth tobacco sales rate of 20 percent or less within their region. In doing so, it is required that the CA will: 1) Use best practices relative to reducing access to tobacco products by underage youth; 2) Incorporate use of data specific to the CA region including youth sales data, analysis of the effectiveness of Synar related activities; and 3) Collaborate with local partners including law enforcement. Activities associated with Synar best practices and other evidenced based prevention such as conducting inspections, and providing merchant or vendor education are defined as prevention services and must be carried out by a licensed substance abuse prevention program. Specific responsibilities include the following: 1) Develop and implement a regional plan of Synarltobacco prevention activity that will restrict youth access to tobacco and surpass the 80 percent non-sales rate. 2) Conduct activities necessary to ensure the Tobacco Retailer Master List is correct and participate in the Clarification and Improvement Initiative, as well as the CSAP Mandated Coverage Study. Submit to ODCP all information as required by the ODCPICA contract agreement. 3) Annually conduct and complete the Formal Synar Survey to all outlets in the sample draw listing during the designated time period and utilize the official ODCP protocol. Additionally, edit the Survey Compliance Check forms and submit all required information to ODCP as required by the ODCPICA contract agreement. 4) Contribute to enforcement of the Michigan YTA at tobacco outlets within the CA region by conducting non-Synar enforcement checks with law enforcement participation. When law enforcement involvement is not feasible, then by conducting non-Synar enforcement activity through civilian checks. It is recommended that checks be carried out in no less than 10 percent of the outlets in the CA region with priority to vendors who have historically had a higher sell rate to minors, e.g., Gas Stations, BarILounges, and Restaurants. Commissioners Minutes Continued. January 20, 2010 310 PREVENTION POLICY # 01 EFFECTIVE: October 1, 2006 Page 3 of 4 For CAs with a 20 percent or higher "sell rate" in two or more of the last three Synar surveys, the requirement is that no less than 25 percent of the outlets within the CA region will each have at least one enforcement check activity during the fiscal year subsequent to the year in which the CA failed to meet this threshold. Note: SAPT Block Grant funds can't be used for law enforcement, this includes Formal Synar and non-Synar activities. 5) Conduct Vendor Education activities, utilizing the ODCP approved vendor education protocol, with not less than 10 percent of the total outlets within the CA region. For CAs with a 20 percent or higher sell rate in two or more of the last three Synar surveys, the requirement is that no less than 25 percent of the outlets within the CA region will each have at least one vendor education activity during the fiscal year subsequent to the year in which the CA failed to meet this threshold. 6) Develop relationships with stakeholders for the purposes of developing joint initiatives andlor for collaboration in changing community norms to impact sales trends to youth and by changing the community norms and conditions. 7) Identify a DYTUR agency to implement Synar-related activities. The agency identified as the DYTUR, and the individual identified as a DYTUR, must have knowledge in the area of youth tobacco access reduction and related Synar prevention initiatives. 8) Provide information to satisfy federal reporting requirements including information about law enforcement activities relative to violations of the YTA. Correspondingly, it is the responsibility of the CA to develop and implement a procedure for, or demonstrate a good faith effort to, obtaining and reporting this information. Documentation of good faith effort is required if the CA cannot provide the required information. REPORTING REQUIREMENTS: See the MDCHICA agreement and Action Plan Guidelines for CA reporting requirements. Identification and implementation of activities, and local data collection and evaluation procedures, are left to the discretion of the CA with the exception of the Formal Synar Survey Protocol (to be used for all enforcement checks), the Vendor Education Protocol, the Synar Tobacco Retailer Master List Clarification, and Improvement/Coverage Study Procedures complete with methodology and practices requirements. All associated protocols are placed on the ODCP website, and updated as needed. Technical assistance to CAs in development of local procedures is available through ODCP. Commissioners Minutes Continued. January 20, 2010 311 PREVENTION POLICY # 01 EFFECTIVE: October 1,2006 Page 4 of4 Office of Drug Control Policy. (2006). Formal Synar Survey Protocol. Lansing, MI: Michigan Department of Community Health, ODCP. Can be found on website: http://w~~.n~ichigan.gov/odc~ Office of Drug Control Policy. (2006). Vendor Education Protocol. Lansing, MI: Michigan Department of Community Health, ODCP. Can be found on website: http://www.michigan.gov/odcp Outlets (for best practice on compliance checks). Retrieved 511 8/06 from Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention, TobaccoISYNAR, Retail Outlet Guidance Documents website: http://prevention.samhsa.gov/tobacco/guidance.aspx State Law Regarding the Sales of Tobacco Products to Individuals Under Age of 18: United States Code of Federal Regulations, Title 45, Part 96, $130, Washington, D.C. (1996). Can be found on website: http://ecfi-.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=ef508eeflb9flO497fS7166182488 1 ee&rgn=div8&view=text&node=45 : 1.0.1.1.53.12.33.11&idno=45 Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention, Tobacco/SYNAR website: http://prevention.samhsa.gov/tobacco/default.aspx Tobacco and Nicotine Health and Safety Act of 1992: PL102-321, Section 1926 State Law Regarding the Sales of Tobacco Products to Individuals Under Age of 18, United States Senate, 102"~ Congress, Washington, DC. (July 10, 1992). Can be found on website: http://www.brock~ort.edu~-govdoc/SocPol/p11023c.pdf Tobacco Regulation for Substance Abuse Prevention and Treatment Block Grants: Federal Register, Volume 61, Number 13, pp 1491-1509, Final Rule, United States Superintendent of Documents. (January 19, 1996). Can be found on website: http://www..;poaccess.gov/fr/advanced.html [Check: 1996 FR, Vol. 61, enter: "page 1491-1509"l Youth Tobacco Act 31 of 191 5, MCL19 15 PA3 1, Michigan Legislature, 19 15-1 91 6 Legislative Session, Lansing, MI. (Amended September 1,2006). Can be found on website: http://www.le~islature.n1i.gov/(c32puon1 tntsa355dn3zq]ip)/rnileg.aspx?page=MC LPASe gCJ i : 1 APPROVED BY: p, L%&/UL J LJ&- Donald L. Allen, Jr., Director Office of Drug Control Policy Commissioners Minutes Continued. January 20, 2010 312 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH OFFICE OF DRUG CONTROL POLICY PREVENTION POLICY # 02 SUBJECT: Addressing Communicable Disease Issues in the Substance Abuse Network ISSUED: October 1,2006 EFFECTIVE: October 1, 2006 This policy establishes Regional Substance Abuse Coordinating Agency (CA) requirements with regard to addressing communicable disease. The primary charge of communicable disease efforts is to prevent the further spread of infection in the substance using population. This converts guidelines issued in the 2004 Action Plan Guidelines document to a policy requirement. This policy applies to CAs and their provider network, which are a part of substance abuse services administered through the Michigan Department of Community Health, Office of Drug Control Policy (NIDCHIODCP). Given the causal relationship between HIVIAIDS, hepatitis, other communicable diseases and substance abuse, and the importance of recognizing the role of communicable disease assessment in the development of substance abuse treatment plans for clients, a comprehensive approach is the most effective strategy for preventing infections in the drug using population and their communities The CA must provide persons with substance use disorders at risk for andlor living with HIVIAIDS, sexually transmitted diseases (STDs), tuberculosis (TB), hepatitis C and other communicable disease the opportunity for access to culturally sensitive and appropriate substance abuse prevention and treatment to address their multiple needs in a respectful and dignified manner. Additionally, this policy is intended to assist the client to gain knowledge, skills and resources needed to achieve personalized goals in relation to their substance use disorder and its impact on their life. Although a Substance Abuse Prevention and Treatment (SAPT) set-aside for early intervention (EIP) services is not required for Michigan, an emphasis on the provision of services for persons with or at risk of communicable diseases has been maintained Prior to Fiscal Year (FY) 2005, the primary intent of EIP designated funding was to provide early intervention services to substance abusing persons living with HIVIAIDS (whether or not they were aware of their status) and to prevent HIV infection in the substance using population. Beginning in FY 2005, the state extended this responsibility to other communicable diseases including HIVIAIDS, hepatitis C, TB, and STDs. Commissioners Minutes Continued. January 20, 2010 313 PREVENTION POLICY # 02 EFFECTIVE: October 1,2006 Page 2 of 6 Staffing Each CA must assure staff knowledge and skills in the provider network are adequate and appropriate for addressing communicable disease related issues in the client population, as appropriate to each position within each provider, in accordance with the "Minimum Knowledge Standards for Substance Abuse Professionals - Communicable Disease Related" below. Whenever possible and cost effective, provider staff training is to be at the provider site. Any Health EducatiodRisk Reduction, HIV counseling testing and referral, and outreach service must ensure staff administering these interventions have successfully completed the MDCH, Division of Health, Wellness and Disease Control, HIVJAIDS Prevention and Intervention Section (HAPIS) training and certification program(s) for the appropriate intervention and must adhere to HAPIS Quality Assurance Standards for HIV Prevention Intervention. Minimum Knowledge Standards for Substance Abuse Professionals - Communicable Disease Related ODCP mandates that licensed provider staff have at least a basic knowledge of HIVJAIDS, TB, Hepatitis, STD and the relationship to substance abuse. The following are the minimal standards of knowledge necessary to meet this Level 1 requirement. At a minimum, all substance abuse program staff should have basic knowledge regarding communicable diseases, including: HIVJAIDS, TB, Hepatitis (especially A, B, and C) and STDs as they related to the agency target population; Modes of transmission (risk factors, myths and facts, etc.); Linkage between substance abuse and these communicable diseases; Overview of treatment possibilities; and Local resources available for further information / screening. It is anticipated the above Level 1 requirements could be adequately covered in a two-hour session, with update trainings every two years, and may be provided by agency staff that have completed Level 2 training. In addition to the above basic knowledge training, clinicians serving clients in a treatment setting are required to have an expanded level of training on HIVJAIDS, TB, Hepatitis and STD. This expanded Level 2 of training is to include: 1. Expanded basics of HIVJAIDS, TB, and Hepatitis C: Commissioners Minutes Continued. January 20, 2010 314 PREVENTION POLICY # 02 EFFECTIVE: October 1,2006 Page 3 of 6 A. Statistics (statewide and local geographic area, modes of transmission, how to interpret). B. HIVIAIDS, TB and Hepatitis C (what they are, cause, definition, types). C. Stagesphases of HIVIAIDS and Hepatitis infection (immune response and viral load, impact on other body organs, co-factors, signs and symptoms of related disease, including those specific to women and children, related infections and cancers). D. Factors for assessing risk and willingness and/or ability for client behavior change (ways to eliminatelreduce risk; infection control). 2. Treatment options/possibilities (anti-retrovirals, prophylaxis, anti-infectives, immune- modulators, clinical trials, nutrition, complementary/altemative treatments, impact of substance use on medicationltreatment effectiveness). 3. Testing: A. HIV Antibody testing (philosophy, goals, legal requirements, benefitslrisks, types (i.e. serum, OraSure), laboratory tests used, limitations, overview of testing processes). B. Hepatitis testing and vaccines. C. TB testing and treatment. D. Options for STD screeningltesting. 4. Overview of psychosocial Issues: A. Psychosocial Framework (issues for people with HIVIAIDS). B. Overview of Psychological Issues (social isolation, alteration in quality of life, self esteem, intensity of emotion, control, denial, financial and employment issues). 5. Professional Challenges (discussion on what some key issues may be for clinicians in a substance abuse treatment program, conceptions, attitudes/values, etc.). 6. Confidentiality, especially for HIVIAIDS (felony, partner notification, testing, reporting, ADA, HIPPA). 7. Resources (local, state, federal). It is anticipated the above Level 2 requirements could be adequately covered in a three-hour session, with two-hour update trainings every two years. This level of training would require a more advanced level of expertise for the trainer, which could be achieved through the MDCH, HAPIS, HIV Specialist training certification process. Targeted and focused training on one or two specific topics from the above list may be appropriate based on need identified within a region or specific agency, once basic level of training has been achieved. Commissioners Minutes Continued. January 20, 2010 315 PREVENTION POLICY # 02 EFFECTIVE: October 1,2006 Page 4 of 6 Services I. All persons receiving substance abuse services who are infected by mycobacteria tuberculosis must be referred for appropriate medical evaluation and treatment. The CA's responsibility extends to ensuring that the agency to which the client is referred has the capacity to provide these medical services or to make these services available, based on ability to pay. If no such agency can be identified locally (within reasonable distance), the CA must notify MDCHIODCP. 2. All clients entering residential treatment and residential detoxification must be tested for TB upon admission. With respect to clients who exhibit symptoms of active TB, policies and procedures must be in place to avoid the potential spread of the disease. These policies and procedures must be consistent with the Centers for Disease Control (CDC) guidelines andlor communicable disease best practice. 3. All pregnant women presenting for treatment must have access to STDs and HIV testing. 4. Each CA is required to assure that all substance abuse clients entering treatment have been appropriately screened for risk of HIVIAIDS, STDs, TB, and hepatitis, and that they are provided basic information about risk. 5. For those clients entering substance abuse treatment identified with high-risk behaviors, additional information about the resources available and referral to testing and treatment (with follow-up) must be made available. 6. For those clients identified with high-risk behaviors, CAs are required to assure communicable disease related health education and risk reduction activities are available for all at-risk clients enrolled in treatment programs. 7. All clients with a history of injecting drug use (IDU) must be referred for Hepatitis C testing. 8. Communicable disease priority populations include all clients with a history of IDU and pregnant women presenting for treatment. Additionally, women, African Americans, and other communities of color are considered high risk. 9. CAs must ensure that the recipients of communicable disease services that are funded through this agreement are persons with substance use disorders. This restriction does not apply to referral services. Commissioners Minutes Continued. January 20, 2010 316 PREVENTION POLICY # 02 EFFECTIVE: October 1,2006 Page 5 of 6 Outreach If HIV outreach services are justified as needed in a CA region, these services must be directed to substance (ab)users in high HIV prevalence areas of the CA region. These services must be administered with the goal of referring contacts to treatment services and be conducted in conjunction with a substance abuse treatment or prevention provider. Outreach is also intended to enhance understanding of risks for HIV and Hepatitis C, methods of prevention, and to promote awareness of and facilitate access to other needed services. Financial Requirements Funds allocated to the CA for communicable disease services may be used for counseling, testing, and referral only when the client is not eligible for these services through other funding sources or the counseling and testing services are an integral component of the substance abuse treatment services provided to the client. It is expected that CA testing-related policy associated with the use of state allocations be discriminate to individuals screened to be at high risk for infection. The CA shall not use any funds provided through the MDCHICA agreement for the treatment of communicable diseases, that is, for primary medical care. REPORTING REQUIREMENTS: See the MDCHICA agreement and Action Plan Guidelines for CA reporting requirements. The CA must submit client data consistent with HAPIS data collection methods including the Uniform Reporting System (URS) CareWare for case management client level data and the HIV Event System for Counseling, Testing, and Referral (CTR), and other prevention services as required, in real time using the HIV Event System. Procedures to meet these requirements are at the discretion of the CA. Center for Substance Abuse Treatment. (Reprinted 2000). Substance Abuse Treatment for Persons With HIV/AIDS, Treatment Improvement Protocol (TIP) Series 37. Rockville, MD: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. Center for Substance Abuse Treatment. (Reprinted 1995). Screening for Infectious Disease Among Substance Abusers, Treatment Improvement Protocol (TIP) Series 6. Rockville, Commissioners Minutes Continued. January 20, 2010 317 PREVENTION POLICY # 02 EFFEC'TIVE: October 1,2006 Page 6 of 6 HIVIAIDS Prevention and Intervention Section. Quality Assurance Standards for HIV Prevention Intervention. Lansing, MI: Michigan Department of Community Health, Division of Health, Wellness and Disease Control. HIV Event System - HAPIS Integrated Data Collection System, HIVIAIDS Prevention and Intervention Section website: www.hapis.org I I APPROVED BY: '/L d/nu~4 dLL Donald L. Allen, Jr., Director Office of Drug Control Policy Commissioners Minutes Continued. January 20, 2010 318 CA COUNTY NAMECOUNTY CODEOVER-THE-COUNTER (OTC),VENDING MACHINE (VM) orUNKNOWN (UNK)VENDORTYPE OF RETAILER(01-06)STORE NAME STREET CITY STATE ZIP PHONE COMMENTSDATE REVISED:DATE SUBMITTED:Tobacco Retailer Master List UpdatesNEWWhen entering data, MUST USE ALL CAPS.Att E_Tobacco Retailer Master.xls / NEWCommissioners Minutes Continued. January 20, 2010319 CURRENT MASTER LIST CODECA COUNTY NAMECOUNTY CODEOVER-THE-COUNTER (OTC),VENDING MACHINE (VM) orUNKNOWN (UNK)VENDORTYPE OF RETAILER(01-06)STORE NAME STREETCITY STATE ZIPPHONE COMMENTSWhen entering data, MUST USE ALL CAPS.Tobacco Retailer Master List UpdatesOUT OF BUSINESSDATE REVISED:DATE SUBMITTED:Att E_Tobacco Retailer Master.xls / OUT OF BUSINESSCommissioners Minutes Continued. January 20, 2010320 CURRENT MASTER LIST CODECA COUNTY NAMECOUNTY CODEOVER-THE-COUNTER (OTC),VENDING MACHINE (VM) orUNKNOWN (UNK)VENDORTYPE OF RETAILER(01-06)STORE NAME STREET CITY STATE ZIP PHONE COMMENTSDATE SUBMITTED:DATE REVISED:Tobacco Retailer Master List UpdatesCHANGESWhen entering data, MUST USE ALL CAPS.Att E_Tobacco Retailer Master.xls / CHANGESCommissioners Minutes Continued. January 20, 2010321 Instructions for Completion of Tobacco Retailer Master List Updates Must Use ALL CAPS NEW Include any completely new businesses which sell tobacco. Fill out every column completely so the data can be copied and pasted as a TRL “green” addition at the state level, where new numbers will be assigned. Be sure to enter: A) Type of Retailer: 01=Grocery 02=Convenience 03=Gas Station 04=Restaurant 05=Bar/lounge 06=Other (Specify in “Comments” section.) B) Note in OTC/VM/UNK Column whether it is Over-the-Counter, Vending Machine or Unknown. OUT OF BUSINESS Include any businesses which went completely out of business. This does not include new ownership, no longer selling, etc. Fill out every column completely so the data can be copied and pasted as a TRL “red liner” into the master list to make changes at the state level. CHANGES Include ONLY what the new entry should look like with all necessary changes made. Fill out every column completely so the data can be copied and pasted as a TRL “blue liner” into the master list at the state level. Refer to codes noted above for Type of Retailer and OTC/VM coding. Use ONE of the following codes in the comment section to designate a change in eligibility or validity for Synar Checks (continued inclusion on TRL will be determined at state level): I2=Does not sell tobacco products I3=Inaccessible by youth I4=Private club/residence I5=Temporary Long Term Closure I7=Wholesale/carton only I9=Duplicate, N2=Unsafe to access N6=Drive through only Att E_Tobacco Retailer Master.xls / TRL Instructions Commissioners Minutes Continued. January 20, 2010 322 Code County Code County 1 Alcona 48 Luce 2 Alger 49 Mackinaw 3 Allegan 50 Macomb 4 Alpena 51 Manistee 5 Antrim 52 Marquette 6 Arenac 53 Mason 7 Baraga 54 Mecosta 8 Barry 55 Menominee 9 Bay 56 Midland 10 Benzie 57 Missaukee 11 Berrien 58 Monroe 12 Branch 59 Montcalm 13 Calhoun 60 Montmorency 14 Cass 61 Muskegon 15 Charlevoix 62 Newaygo 16 Cheboygan 63 Oakland 17 Chippewa 64 Oceana 18 Clare 65 Ogemaw 19 Clinton 66 Ontonagon 20 Crawford 67 Osceola 21 Delta 68 Oscoda 22 Dickinson 69 Otsego 23 Eaton 70 Ottawa 24 Emmet 71 Presque Isle 25 Genesee 72 Roscommon 26 Gladwin 73 Saginaw 27 Gogebic 74 St. Clair 28 Grand Traverse 75 St. Joseph 29 Gratiot 76 Sanilac 30 Hillsdale 77 Schoolcraft 31 Houghton 78 Shiawassee 32 Huron 79 Tuscola 33 Ingham 80 Van Buren 34 Ionia 81 Washtenaw 35 Iosco 82 Wayne (excluding city of Detroit) 36 Iron 83 Wexford 37 Isabella 84 City of Detroit 38 Jackson 97 Unknown 39 Kalamazoo 40 Kalkaska 41 Kent 42 Keweenaw 43 Lake 44 Lapeer STATE OF MICHIGAN County Codes Att E_Tobacco Retailer Master.xls / County Codes Commissioners Minutes Continued. January 20, 2010 323 Code County Code County 45 Leelanau Att E_Tobacco Retailer Master.xls / County Codes Commissioners Minutes Continued. January 20, 2010 324 CA:Provider:CA Contact Person andE-mail Address:Estimated Number of Individuals to Receive ServicesEstimated Number of Sessions to be ProvidedNumber ofIndividualsWho ReceivedServicesNumber ofSessionsProvidedNumber ofIndividualsWho ReceivedServicesNumber ofSessionsProvidedColumn AColumn B Column C Column D Column E Column F Column GLevel 1 Provider Network TrainingLevel 2 Provider Network TrainingHE/RR HIV/AIDS Information SessionHE/RR Individual Level Prevention CounselingHE/RR Skills Building Workshops (single session)HE/RR Skills Building Workshops (multi-session)HE/RR Other Event FormatHIV CTRS at Substance Abuse Provider (1)HIV CTRS at Other Locations (1)OutreachTOTALS 000000Number of Interventions that will result in referral to substance abuse treatmentNumber of referred individuals that follow-through on referralsNumber of HIV tests (CTRS) to be conductedNumber (percentage) of HIV CTRS anticipated to be positive resultsNo. of CD Providers Under Contract with the CA:OUTREACH ONLYEVENTReportDue Date: Jan. 31, 20110%0%ReportDue Date: April 30, 2010Plan2nd Six Months--Actual #'s1st Six Months--Actual #'sEstimates0%COMMUNICABLE DISEASE PROVIDER INFORMATION PLAN/REPORTFiscal Year 2010For each intervention listed below and provided in the CA's region, please complete the following information:Report1st Six Months--Actual #'sDue Date: April 30, 2010Report2nd Six Months--Actual #'sDue Date: Jan. 31, 2011Plan: Original Plan Due Date October 31, 2009Date Submitted/ Revised: OriginalRevised OriginalRevisedAtt E_CD Provider Info Plan_Rpt FY2010 Initial.xlsPage 1 of 2Commissioners Minutes Continued. January 20, 2010325 III. Report Due Dates The 1st six-month CD Provider Information Report is due on April 30, 2010. The 2nd six-month CD Provider Information Report is due on January 31, 2011. See Attachment C—Reporting Requirements for report submission directions. If there are questions or assistance is needed on these forms, contact Brenda Stoneburner, ODCP Communicable Disease Specialist at 517-335-0121 or email to StoneburnerB@ michigan.gov. Communicable Disease Provider Information Plan/Report Instructions Fiscal Year 2010 On the CD Provider Information Plan/Report Form, there are various communicable disease intervention/services that are eligible to be funded by MDCH based on Coordinating Agency (CA) need and priority. (1) If HIV CTRS is identified as being provided, on a seperate sheet identify the site type and site number for each location testing occurs. I. Completing the Plans The completion of Columns B and C (Estimated Number of Individuals to Receive Services, Estimated Number of Sessions to be Provided and Outreach Estimates) will be submitted to MDCH by October 31, 2009. Please use the check box provided to identify the CD Provider Information Plans as "Original" at the initial submission of the CD Provider Information Plan. If the CD Provider Information Plan data should change, please use the check box provided to identify that the Plan was "Revised" when submitting either the 1st six-month report or 2nd six-month report. II. Completing the Reports When submitting the first six-month report, maintain the "Plan" data on the report form. When submitting the 2nd six-month report, maintain the "Plan" data and the 1st six-month report data on the report form. 1st Six-month Period of the Fiscal Year (October-March) For those services/events that an identified CD provider will conduct for the CA, post the number of individuals who received the services and the number of sessions provided, in the first six months, in Columns D and E. In the Outreach section, post the data for the four items under the column for the 1st six-months. 2nd Six-month Period of the Fiscal Year (April-September) For those services/events that an identified CD provider will conduct for the CA, post the number of individuals who received the services and the number of sessions provided, in the last six months, in Columns F and G. In the Outreach section, post the data for the four items under the column for the 2nd six-months. If more than one provider will be offering these services in the CA's region, please complete a separate CD Provider Information Plan/Report Form for each provider. Att E_CD Provider Info Plan_Rpt FY2010 Initial.xls Page 2 of 2 Commissioners Minutes Continued. January 20, 2010 326 Att E_HIV Data Reporting Req FY2010 Initial.doc Page 1 of 1 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH HIV Data Reporting Requirements In accordance with Prevention Policy #02, Addressing Communicable Disease Issues in the Substance Abuse Network, issued and effective October 1, 2006, the following are reporting requirements outlined in that policy and referenced by contract: 1) See the MDCH/CA agreement and Action Plan Guidelines for CA reporting requirements; and 2) The CA must submit client data consistent with HAPIS data collection methods including the Uniform Reporting System (URS) CareWare for case management client level data and the HIV Event System for Counseling, Testing, and Referral (CTR), and other prevention services as required, in real time using the HIV Event System. Commissioners Minutes Continued. January 20, 2010 327 Commissioners Minutes Continued. January 20, 2010328 Commissioners Minutes Continued. January 20, 2010 329 State Allocation Local Other Other SAPT + State (PA2, fees) State Federal Information Dissemination $0 Education $0 Alternatives $0 Problem Identification and Referral $0 Community-Based Process $0 Environmental $0 Section 1926-Tobacco $0 Sub Total Expenditures $0 $0 $0 $0 $0 Other Expenditures $0 Grand Total $0 $0 $0 $0 $0 In the Space Below Provide: Prevention Expenditures by Strategy Report Questions should be directed to: (Name/Phone Number) _______________________________________ Strategy TOTAL Coordinating Agency __________________________________ Source of Funds (2) A description of how costs by strategy were determined (1) A description of expenditures included in the "other expenditures" row Fiscal Year __________ Attachment E-Prevention Expenditures by Strategy Report.8.05.xls Page 1 of 1 Commissioners Minutes Continued. January 20, 2010 330 Att E_Prev Expend by Strategy Rpt Instr FY2010 Initial.doc Page 1 of 3 Prevention Expenditure by Strategy Report – Instructions This form requires the CA to report expenditures by federal prevention strategy. The information submitted by the CAs on this form will be used to complete the federal SAPT block grant application requirements. Row Instructions: Expenditure information must be reported by federal strategy. The following describes each of these as guidance to the CA in reporting these expenditures. Information Dissemination -- This strategy provides awareness and knowledge of the nature and extent of ATOD use, abuse, and addiction and their affect on individuals, families, and communities and also provides knowledge and awareness of available prevention programs and services. This strategy is characterized by one-way communication from the source to the audience with limited contact between the two. Examples of Information dissemination include: Resource directories Media campaigns Brochures Radio/TV public service announcements Speaking engagements Health fairs/health promotion Information line Education -- This strategy is characterized by two-way communication and is distinguished from the Information Dissemination in that interaction between the educator/facilitator and the participants is the basis of its activities. Activities under this strategy aim to affect critical life and social skills, including decision-making, refusal skills, critical analysis of media messages and systematic and judgmental abilities. Examples of Education include: Ongoing classroom and/or small group session (all ages) Parenting and family management classes Peer leader/helper programs Education programs for youth groups Children of Substance Abusers (COSA) groups Alternatives -- This strategy provides for the participation of the target population in activities that exclude ATOD. The assumption is that constructive activities offset the attraction to ATOD. State administered funds (SAPT and State funds) may not be used for this strategy. Examples of Alternatives include: Drug-free dances and parties Youth/adult leadership retreats Community drop-in centers Community service activities Problem Identification and Referral -- This strategy aims at identification of youths who have indulged in illegal/age-inappropriate use of tobacco or alcohol and in the first Commissioners Minutes Continued. January 20, 2010 331 Att E_Prev Expend by Strategy Rpt Instr FY2010 Initial.doc Page 2 of 3 use of illicit drugs. They are assessed to determine whether their behavior can be reversed through education or whether they need professional help for treatment of a more deep-seated, potentially abusive behavior pattern. Activities under this strategy include screening for tendencies toward substance abuse and minimal preemptive counseling for curbing such tendencies. Activities cannot include AAR functions such as eligibility determination or use of ASAM criteria to determine LOC Examples of Problem identification and referral include: Employee Assistance Programs Student Assistance Programs Driving Under the Influence/Driving While Intoxicated (DUI/DWI) Education Programs Community-Based Process -- This strategy aims to enhance the ability of the community to more effectively provide prevention and treatment services for ATOD disorders. Activities in this strategy include organizing, planning, enhancing the efficiency and effectiveness of services implementation, interagency collaboration, coalition building and networking. Examples of Community-based processes include: Community and volunteer training such as neighborhood action training, Training of key people in the system, staff/officials training Systematic planning Multi-agency coordination and collaboration Accessing services and funding Community team building Environmental -- This strategy establishes or changes written and unwritten community standards, codes, and attitudes, thereby influencing incidence and prevalence of ATOD use in the general population. Examples of Environmental strategies include: Promoting the review of ATOD policies in schools Technical assistance to communities to maximize local enforcement procedures governing availability and distribution of alcohol, tobacco, and other drugs Modifying alcohol and tobacco advertising practices Product pricing strategies Section 1926-Tobacco – Use this row to identify all prevention expenditures for activity targeting the reduction of youth access to tobacco including, but not limited to: law enforcement inspections; civilian inspections; official Synar inspections; vendor education and training; conferences convened by the CA; town hall meetings convened by the CA; collaborative planning and programming efforts with tobacco and/or drug free coalitions; media campaigns; community mobilization; environmental initiatives; and education and training of other stakeholder agencies. Sub-Total –This is the sum of information by strategy as reported in previous rows. Other Prevention Expenditures Use this row to identify all other prevention expenditures including, for example, costs associated with local needs assessment, prevention coordinators which cannot otherwise be distributed to the strategy(ies). Note-an explanation of the costs included in this row must be provided with the report. Commissioners Minutes Continued. January 20, 2010 332 Att E_Prev Expend by Strategy Rpt Instr FY2010 Initial.doc Page 3 of 3 Grand Total Prevention Expenditures. This row should be the sum of the subtotal and other prevention expenditures. Column Instructions: Five columns for reporting expenditure information by fund source are provided. This prevention strategy report requires total funding be reported. However, source of funds have been aggregated from previous prevention expenditure reports. Column 2: State Allocation. -- Enter the expenditures, by row, of total SAPT block grant and state funding. Enter the amounts in whole dollars. Column 3: Local Funds including Fees -- This includes funding designated as local; such as, government entities, cities, other municipalities, special tax districts, local match, counties, and Public Act 2. Column 4: Other State Funds -- This includes any state funds expended by the CA other than the CA allocation reported in column 2. Column 5: Other Federal Funds -- This includes all other federal funds for substance abuse services. Examples are Public Health Service (PHS) or other federal categorical grant funds; Medicare; other public welfare funds, such as Food Stamps; other public third party funds, such as Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); the Social Services Block Grant (Title XX); and the Maternal and Child Health Block Grant. Column 6: Total-is the sum of the previous four columns. Special Note: The total prevention funds reported in this report is expected to reconcile to the final Expenditures Report for the CA. If the report does not reconcile, provide an explanation of the differences under the description section of the Prevention Expenditures by Strategy Report form. Commissioners Minutes Continued. January 20, 2010 333 Coordinating Agency Name: Contact Name: E-mail: Phone number: Fiscal Year for which the table applies: StrategyExpend-itures# Partici-pantsCost Per Partici-pantEstimate Expend-itures# Partici-pantsCost Per Partici-pantEstimate Expend-itures# Partici-pantsCost Per Partici-pantEstimate Expend-itures# Partici-pantsCost Per Partici-pantEstimate Expend-itures# Partici-pantsCost Per Partici-pantInfo Dissemination - - Education----Alternatives-- --Problem ID & Ref- --Comm. Based Process--Environmental --Other-----Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0% of Total Estimated Expenditures that are SAPT dollars for Evidence-based Programs/StrategiesExpenditures by Strategy and Intervention Type, and Cost per Participant Comments and Explanation:Fiscal Year Total Number and Cost per Participant by Intervention Type Universal Indirect Universal Direct Selective Indicated Att E_Prev Rpt for SAPT_BG FY2010 Initial.xlsPage 3 of 4Commissioners Minutes Continued. January 20, 2010334 Att E_Prev Rpt for SAPT_BG Instr FY2010 Initial.doc Page 1 of 3 Prevention Report for SAPT Block Grant Definitions, Descriptions, and Instructions The federal SAPT Block Grant application provides the following terms and definitions: Intervention Type: Universal-direct: Interventions directly serve participants who have not been identified on the basis of individual risk Universal-indirect: Interventions support population-based activities and the provision of information and technical assistance Selective: Activities targeted to individuals or a subgroup of the population whose risk of developing a disorder is significantly higher than average Indicated: Activities targeted to individuals in high-risk environments, identified as having minimal but detectable signs or symptoms foreshadowing disorder, or having biological markers indicating predisposition for disorder, but not yet meeting diagnostic levels. Strategies: Information Dissemination: Provides knowledge and increases awareness of the nature and extent of alcohol and other drug use, abuse, and addiction as well as their effects on individuals, families and communities. It also provides knowledge and increases awareness of available prevention and treatment programs and services. It is characterized by one-way communication from the source to the audience, with limited contact between the two. Education: Builds skills through structured learning processes. Critical life and social skills include decision making, peer resistance, coping with stress, problem solving, interpersonal communication and systematic and judgmental abilities. There is more interaction between facilitators and participants than in the information strategy. Alternatives: Provides participation in activities that exclude alcohol and other drugs. The purpose is to meet the needs filled by alcohol and other drugs with healthy activities and to discourage the use of alcohol and drugs through these activities Problem Identification and Referral: Aims at identification of those who have indulged in illegal/age-inappropriate use of tobacco or alcohol and those individuals who have indulged in the first use of illicit drugs in order to assess if their behavior can be reversed through education. This strategy does not include any activity designed to determine if a person is in need of treatment. Community Based Process: Provides ongoing networking activities and technical assistance to community groups or agencies. It encompasses neighborhood- based grassroots empowerment models using action planning and collaborative systems planning. Environmental: Establishes or changes written and unwritten community standards, codes and attitudes, thereby influencing alcohol and other drug use by the general population. Commissioners Minutes Continued. January 20, 2010 335 Prevention Report for SAPT Block Grant Definitions, Descriptions, and Instructions (Cont’) Att E_Prev Rpt for SAPT_BG Instr FY2010 Initial.doc Page 2 of 3 Crosswalk Chart: The following chart provides a “crosswalk” between strategies, program and intervention types. An “X” in the cell identifies the strategy for which the program and intervention types would apply. Program Type Intervention Type Strategy Population Individual Univ- Direct Univ- Indirect Selective Indicated Info Dissemination XXXXXX XXXXXX Education XXXXXX XXXXXX XXXXXX XXXXXX Alternatives XXXXXX XXXXXX XXXXXX XXXXXX Problem ID/Referral XXXXXX XXXXXX XXXXXX Community Based XXXXXX XXXXXX Environmental XXXXXX XXXXXX Program: The Block Grant application uses the term “program type” to distinguish between population and individual. However, with regard to reporting expenditures, the application defines program as an activity, a strategy or an approach intended to prevent an outcome or to alter the course of an existing condition. Michigan will use each of the CA’s six strategies as the operational definition of a “program.” Correspondingly, Michigan will report on a maximum of 96 programs (16x6). Participant: Block Grant application guidance for prevention “participant” counts is as follows: Participants in Individual Based Programs: For individuals participating in recurring services/curriculum, count each participant only once—an unduplicated count (or each “new” participant) in the series. Duplicate counts across curriculums or services are acceptable. Participants in Population Based Programs: Participant counts in population based programs should be based on either actual number of persons participating or estimates of persons served. Census Bureau data may be used if an identifiable subset of the population, either by age or geography, can be identified. As examples, this includes program participants, “reach” for media, and census for community policy development. Cost Per Participant: The SAPT Block Grant requires the calculation of a cost per participant for prevention services, by program (Michigan will use strategy as the program) and by intervention type. For the 2011 SAPT Block Grant application, Commissioners Minutes Continued. January 20, 2010 336 Prevention Report for SAPT Block Grant Definitions, Descriptions, and Instructions (Cont’) Att E_Prev Rpt for SAPT_BG Instr FY2010 Initial.doc Page 3 of 3 information about services and expenditures in the state fiscal year (FY) 2008 -- October 1, 2008 through September 30, 2009-- is required. Instructions for Completion of Table Entitled: “Expenditures by Strategy and Intervention Type, and Cost per Participant” Please use the following general instructions for completion of this table; provide comments and/or other narrative explanation as necessary to describe the information provided. Corresponding to the crosswalk chart on page 2, the cells in this table have been shaded to indicate that information for that cell would not be expected. For example, no participant data, or cost per participant would be expected under the alternatives strategy for the universal-indirect intervention type. For each Intervention Type, enter an estimate of the percent of the FY Total Estimated Expenditures that are SAPT Block Grant dollars spent on evidence-based programs/strategies. Completion of this table will enable the Office of Drug Control Policy to complete SAPT Block Grant application requirements. Commissioners Minutes Continued. January 20, 2010 337 Commissioners Minutes Continued. January 20, 2010 338 Att E_Priority Pop Waiting List Def Rpt Instr FY2010 Initial.doc Page 1 of 2 Instructions for Completing the Federal Priority Populations Waiting List Certification Form The purpose of this report is for federal block grant reporting on programs providing treatment for pregnant women and Injecting Drug Users (IDUs). This report monitors compliance with Sections 1923(a)(2) and 1927(b)(2) of Public Law 102-321, as amended: 1923(a)(2) Treat Within Specified Number of Days. - Each individual who requests and is in need of treatment for intravenous drug abuse must be admitted to a program of such treatment not later than (A) 14 days after making the request for admission to such a program; or (B) 120 days after the date of such request, if no such program has the capacity to admit the individual on the date of such request and if interim services are made available to the individual not later than 48 hours after such request. 1927(b)(2) Treat Within Specified Number of Days. Each pregnant woman who seeks and would benefit from substance abuse treatment services must be admitted to such program that (A) has the capacity to provide treatment services to the woman; or (B) if no program has the capacity to admit the woman, make interim services available to the woman not later than 48 hours after such request. The Office of Drug Control Policy requires that this report be uploaded to the Electronic Grants Administration and Management System (EGrAMS) as an ‘Attachment Report’ at the end of the month following the month in which a Coordinating Agency and/or its provider network has not met these Federal Requirements. In situations where one or more priority population clients did not receive services as required, the following information must be provided: Program Name - Enter the legal name of the provider at which the client was placed on a waiting list – this can be the provider choice or where the client presented for services Column A: Client Identifier - Enter a client identifier number. Column B: Priority Code – Enter the client type by using one of the following codes: 1 – Pregnant injecting drug user 2 – Pregnant non-injecting drug user 3 – Injecting drug user Column C: Service Request Date - Enter date client first requested services. Column D: Date LOC Determined – Enter the date the Level of Care Determination was completed Column E: Days on Waiting List - Indicate the number of days the client has been (was) on a waiting list for treatment. This starts with the day service was requested and goes to the date of the first appointment. Column F: Service Required – Enter the services requested – this should be the service that the client chose: OP – Outpatient IOP – Intensive Outpatient Meth – Methadone program Commissioners Minutes Continued. January 20, 2010 339 Att E_Priority Pop Waiting List Def Rpt Instr FY2010 Initial.doc Page 2 of 2 Res – Residential Det – Sub-Acute Detox Column G: Meth Drug Free - Check the box if the client waiting for services was involved in drug-free treatment Column H: Meth Ref. Drug Free - Indicate if the client waiting for a methadone slot has declined drug-free services by checking the box. Column I: Interim Services Provided - Indicate if interim services were provided as required by checking the box Column J: Interim Services Refused - Check the box if the client refused interim services Column K: Type of Interim Services - Indicate what type of interim services were provided to the client – leave blank if none If the services that the client requested were different than what the LOC determination indicated, explain why they are different. The CA must provide a reason for why they were not in compliance with the Federal Waiting List Requirement for each client on the list – specific barriers should be identified. The CA must describe what plans they are putting or have put into place to ensure future compliance with this requirement. Commissioners Minutes Continued. January 20, 2010 340 Commissioners Minutes Continued. January 20, 2010 341 Commissioners Minutes Continued. January 20, 2010 342 Att E_Womens Spec Serv Rpt Instructions FY2010 Initial.doc Page 1 of 1 Michigan Department of Community Health Guidelines for Completing the Women, Pregnant Women, and Women with Dependent Children Progress Report Form As indicated on the form, this is an annual report due no later than January 31 for the prior fiscal year and it must be submitted electronically through EGrAMS Attachment Reports, at http://egrams-mi.com/dch. In the spaces provided at the top of the page, indicate the CA name and the fiscal year the report covers. Unduplicated Treatment Services Provided In the table, provide the name of the service provider, both designated women’s providers and other providers considered to be gender competent, and then the corresponding information in each column. Please do not leave any blanks in a row, if a column does not apply, just indicate with a “0”. *Please include providers out of region also, unless they are statewide providers (Odyssey, Salvation Army) Coordinating Agency Specific Information This information should be provided by the CA for their entire region, as well as those clients sent out of region, and include all referrals and services provided by all providers not just Designated Women’s Providers (DWPs). Outcome Information This information is for all programs that provide services to pregnant women. Please indicate which programs are DWPs by checking the box and then provide the corresponding information for each column. Program Information This information is necessary if any programs changed treatment services/criteria during the fiscal year. Complete the requested information for each provider that changed. If no changes occurred in any programs, this section can be left blank The remaining questions are related to expectations from Federal requirements and state site visits. If information or data is not available, indicate why and how this is going to be addressed in the future. Incomplete reports will be returned for corrections, and will not be considered submitted until corrections are completed and resubmitted. Commissioners Minutes Continued. January 20, 2010 343 Commissioners Minutes Continued. January 20, 2010 344 Commissioners Minutes Continued. January 20, 2010 345 Commissioners Minutes Continued. January 20, 2010 346 Commissioners Minutes Continued. January 20, 2010 347 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 1 of 14 Michigan Department of Community Health Credentialing and Staff Qualification Requirements For the CA Provider Network This contract attachment outlines requirements for credentialing and staff qualifications throughout the CA provider network. It is organized as follows: I. CA Credentialing Requirements II. Provider Staff Certification Requirements III. Staff Qualifications for Substance Use Disorder Prevention Services IV. Staff Qualifications for Substance Use Disorder Treatment Services V. Other Staff-Related Definitions I. CA CREDENTIALING REQUIREMENTS In implementing staff qualifications requirements, the CA must: 1) Adopt and disseminate policy with respect to required professional qualifications for prevention and treatment direct service personnel in the CA network, applicable both to salaried and contractual personnel. In general, the requirements contained herein are expected to represent the minimum standards for substance use disorder prevention and treatment services. However it is recognized that specialized services may require enhanced staff qualifications. When establishing requirements for qualifications or training for staff that do not require certification, CAs are expected to: a) Recognize and utilize credible web-based training for fundamentals in addiction treatment and prevention b) Recognize in-service and provider new staff orientation c) Recognize and provide reciprocity for training provided through other CAs or PIHPs that address relevant topic and content areas. 2) Assure that staff qualifications are met throughout the provider panel through CA policy and procedures. CAs must consider use of deemed status, reciprocity and delegation provisions when permissible in order to establish a single credentialing and associated monitoring requirements for the provider and reduce administrative burden on both the provider and the CA. Whenever possible, it is preferable that CAs permit deemed status or reciprocity and that a single responsible CA be identified when multiple CAs contract with a single provider. Commissioners Minutes Continued. January 20, 2010 348 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 2 of 14 3) Assure that criminal background checks are conducted as a condition of employment for its own potential employees and for network provider employees. Although criminal background checks are required, it is not intended to imply that a criminal record should necessarily bar employment. The verification of these checks and a justification for the decisions that are made should be documented in the employee personnel or interview file. CAs may also establish criteria for criminal background checks for individuals during employment episodes. 4) Recognize and comply with state health care licensing professional scope of practice and supervision requirements. Credentialing Responsibilities Primary responsibility for assurance that staff qualification requirements are met rests with the individual and the provider agency that directly employs or contracts with the individual to provide prevention or treatment services. Responsibilities of the individual, provider agency and the CA are generally as follows: 1) The individual is responsible for achieving and maintaining his or her certification. 2) The provider agency that directly employs or contracts with the individual to provide prevention or treatment services is responsible for verifying the ongoing certification status of the employee. This includes verification of the credential(s), monitoring staff development plans and compliance with continuing education requirements. 3) The CA is responsible for establishing certification-related contractual obligations with their provider network consistent with these requirements. With the intended locus of responsibility resting with the provider agency, the CA has responsibility for provider agency performance monitoring to assure these obligations have been met. Although it is not intended that CAs maintain primary source verification functions or individual certification or credentialing files on behalf of their provider network, it is recognized that this may represent a prudent or necessary business practice of the CA. CAs maintaining primary source verification files may be asked to provide their justification for doing so. Compatibility with PIHP Requirements CA policy and procedures with regard to credentialing should be compatible with PIHP credentialing and re-credentialing business processes. MDCH has issued a PIHP credentialing policy entitled Credentialing and Re-Credentialing Processes (Attachment P.6.4.3.1 of the MDCH PIHP contract). This policy defines organizational providers as entities that directly employ and/or contract with individuals to provide health care Commissioners Minutes Continued. January 20, 2010 349 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 3 of 14 services. These services include treatment of substance use disorders. In this regard, CAs are considered to be organizational providers. The PIHP credentialing policy outlines two requirements associated with credentialing of organizational providers: 1) Each PIHP must validate, and re-validate at least every 2 years that the organizational provider is licensed or certified as necessary to operate in the state and has not been excluded from Medicaid or Medicare participation. 2) The PIHP must ensure that the contract between the PIHP and any organizational provider requires that the organizational provider credential and re-credential their directly employed and subcontracted direct service providers in accordance with the PIHP’s policies and procedures (which must conform to MDCH’s credentialing process). Added clarification for CAs that are not PIHPs: This policy intends that credentialing responsibilities are carried out and associated records are maintained at the provider organization level. If a CA employs individual practitioners for the purposes of providing treatment or prevention services, the CA is an organizational provider. The CA is not required by the MDCH policy to perform the credentialing functions on behalf of its providers. When CAs contract with providers that meet the organizational provider definition, then the CA must: 1) Ensure that the contract between the CA and their organizational provider requires that the provider credential and re-credential their directly employed and subcontracted providers in accordance with the policy, and 2) Ensure that the provider has not been excluded from Medicaid or Medicare participation. II. PROVIDER STAFF CERTIFICATION REQUIREMENTS The following provides detailed information regarding the certification requirements for the CA provider network. General These certification requirements represent the standards for individual CA provider network requirements. Special consideration can be made for both special population needs (such as those of adolescents) and for specialty services (such as provision of methadone to women that are pregnant). Also, it is expected that reimbursement rates reasonably acknowledge the cost implications of certification requirements and recognize workforce development obligations already incorporated in provider accreditation requirements. CAs may consider rate incentives for enhanced staffing requirements for specialty services. Commissioners Minutes Continued. January 20, 2010 350 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 4 of 14 Application Certification requirements apply to the entire CA provider network for services directed to the prevention and treatment of substance use disorders. This includes staff working for or within local governmental units such as intermediate school districts, local health departments or community mental health service board programs when these are under contract to the CA as a provider and/or funded through the DCH/CA master agreement, depending on the scope of their work, as described in this document. Certification requirements do not apply to staff solely engaged in: 1) Synar tobacco compliance checks or vender education or 2) Provision of communicable disease prevention and education services. Refer to Prevention Policy #2-Addressing Communicable Disease Issues in the Substance Abuse Network for information about communicable disease staff training requirements. Certification requirements apply on the basis of staff role and responsibility regardless of employee status or type. Examples of employee status include: direct employee, contractual, or volunteer. Examples of type include: full time, part time, intermittent or seasonal. An individual’s certification requirements are determined on the basis of each of their job responsibilities. That is, situations in which an individual’s responsibilities cross roles and responsibilities as outlined below, and each role category independently determines the associated certification requirement. For example, an individual functioning as a case manager (certification not required) and as a treatment clinician would be required to be certified even though their responsibilities include functions for which certification is not required. Unless an exception is specified below under the various staff types, individuals who are timely in the process of completing their registered development plan for the specified credential are considered to meet certification requirements. For example, a recent MSW graduate working in a position providing treatment to persons with substance use disorders with an approved development plan would be considered to meet certification requirements. Development plans are required to include time frames, milestones, be date-specific and appropriate to the experience requirements associated with the certification credential. For example, a development plan must recognize hours of experience requirements in the context of the employees status (full, part time). However, development plans must contain prompt and reasonable time frames for completion. As of June 2007, the accepted equivalent credentials to the Michigan Certification Board for Addiction Professionals (MCBAP) certification are as follows: Commissioners Minutes Continued. January 20, 2010 351 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 5 of 14 • For prevention: Certified Health Education Specialist (CHES) through the National Commission for Health Education Credentialing • For treatment: Certification through the Upper Midwest Indian Council on Addiction Disorders (UMICAD) • For medical doctors: American Society of Addiction Medicine (ASAM) (Some physicians, depending on the scope of their work performed at the agency, will function in the category of Specifically Focused Staff as described in this document) • For psychologists: American Psychological Association (APA) specialty in addiction This listing will be updated, and CAs notified in writing, should additional equivalent credentials be identified. Should a situation arise with an established provider where there are no longer employees available that meet the credentialing requirements, the provider and the CA are responsible for developing a “time-limited exception plan” appropriate to the situation to ensure that the established clients with the provider continue to receive services. An example of such a situation would be a provider that has one or more credentialed clinicians leave resulting in the remaining staff not being able to provide services to the clients. The CA and provider could then enter into an exception plan agreement where a qualified but non-credentialed person can provide services to those clients until credentialed staff are hired, return from leave, etc. The length of the plan should be adequate to serve the immediate need of the affected clients but should not exceed 120 days in an initial agreement. For administrative efficiency, when providers participate in multiple CA provider panels, the affected CAs should jointly determine an appropriate exception plan. MCBAP Staff Certification Requirements – By Staff Function As of October 1, 2008, all individuals performing staff functions outlined below must: 1) Be certified appropriate to their job responsibilities under one of the credentialing categories or an approved alternative credential; or 2) Must have a registered development plan and be timely in its implementation; or 3) Be functioning under a time limited exception plan approved by the CA as described earlier in this document. Individuals under any of these three categories will be considered to meet MCBAP certification requirements. Note that a development plan is timely when there is evidence that steps or activities included in the development plan are being implemented and can be expected to be completed within a reasonable period of time. The supervisor of the individual is responsible for regularly monitoring the status of the development plan. MCBAP maintains a list of individuals who have active development plans and this can be accessed through their website at mcbap.com. Commissioners Minutes Continued. January 20, 2010 352 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 6 of 14 Staff functions for which these requirements apply are Prevention Professionals, Prevention Supervisors, Treatment Specialists, Treatment Practitioners and Treatment Supervisors. The following chart outlines certification, supervision and licensure requirements. It is intended to assist in the determination of MCBAP certification requirements in the provider network, licensing requirements may still apply depending on the nature of the work duties and scope of practice. Job Function and Description MCBAP Certification Required for the Job Function Supervision Required for the Job Function Treatment Supervisors Commonly described as Supervisors, Managers or Clinical Supervisors. This represents individuals directly supervising staff, including all levels (first, second line, etc) of clinical services. Certified Clinical Supervisor – Michigan (CCS-M) Certified Clinical Supervisor – IC&RC (CCS-R) Professional Licensure requirements may apply, depending on the nature of the work duties and scope of practice. Treatment Specialists Commonly described as clinicians, therapists, or counselors. This represents direct clinical treatment service provider staff not identified as specifically focused. Certified Addictions Counselor – Michigan (CAC-M) Certified Addictions Counselor – IC&RC (CAC-R) Certified Advanced Addiction Counselor – IC&RC (CAAC) Certified Criminal Justice Professional – IC&RC – (CCJP-R) Certified Co-Occurring Disorders Professional – IC&RC – (CCDP) – Bachelors level only Certified Co-Occurring Disorders Professional Diplomat – IC&RC – (CCDP-D) – Masters level only MCBAP supervisory credential – CCS-M or CCS-R, an approved alternative certification or a registered development plan to obtain the MCBAP credential Treatment Practitioners Commonly described as treatment staff providing direct service to clients like education and support; or they may be new to the field. A registered development plan that is timely in its implementation MCBAP supervisory credential – CCS-M or CCS-R, an approved alternative certification or a registered development plan to obtain the MCBAP credential Commissioners Minutes Continued. January 20, 2010 353 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 7 of 14 Job Function and Description MCBAP Certification Required for the Job Function Supervision Required for the Job Function Prevention Supervisors Commonly described as prevention program supervisors and represent individuals responsible for overseeing prevention staff and/or prevention services. Certified Prevention Consultant – Michigan (CPC-M) Certified Prevention Consultant – IC&RC (CPC-R) Certified Prevention Specialist – Michigan (CPS-M) Certified Prevention Specialist – IC&RC (CPS-R) – only if credential effective prior to 10-01-2008 No state requirements specified Prevention Professionals Commonly described as Program or Prevention Coordinator, Prevention Specialist or Consultant, or Community Organizer and have responsibility for implementing a range of prevention plans, programs and services. Certified Prevention Specialist – Michigan (CPS-M) Certified Prevention Consultant – Michigan (CPC-M) Certified Prevention Specialist – IC&RC (CPS-R) Certified Prevention Consultant – IC&RC (CPC-R) Supervision by MCBAP prevention credentialed staff or an approved alternative certification Supervision Requirements for Non-Certified Staff Individuals with staff functions outlined below are not required to be MCBAP certified, but are required to be supervised by MCBAP certified staff. Specifically Focused Treatment Staff This category includes Case Managers, Recovery Support Staff as well as staff who provide ancillary health care services such as nurses, occupational therapists, psychiatrists and children’s services staff in women’s specialty programs. Licensing requirements may apply depending on the nature of the work duties and scope of practice. Specifically Focused Prevention Staff Staff that consistently provide a specific type of prevention service. They do not have responsibilities for implementing a range of prevention plans, programs or services. Commissioners Minutes Continued. January 20, 2010 354 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 8 of 14 Treatment Adjunct Staff Commonly described as: Resident Aide, Pharmacy Techs or Child Care Aides or program aides/techs. Adjunct staffs are involved with the client but not at a clinical treatment services level. It is recognized that some treatment adjunct staff provide didactic or skill development services. Licensing requirements may apply to adjunct staff depending on the nature of the work duties and scope of practice; they may also work under the direction of appropriately licensed and/or credentialed staff. Interns for the Provision of Services Interns are individuals who, as part of an educational curriculum while in the process of obtaining a degree related to the substance use disorder field, provide prevention or treatment services to clients. These services must be provided under the supervision of a MCBAP treatment credentialed staff (or an approved alternative certification) and any specific licensing requirements for the degree being sought. All services provided by interns may be allowable and billable as long as the intern is being appropriately supervised. The MCBAP certification requirements do not replace or supersede state licensure scope of practice and supervision requirements for health care professionals such as social workers, counselors or psychologists Certification Requirements for Temporary or Supervisory Assignments Cross-over work assignments occur in those situations when an individual staff’s roles and responsibilities have different MCBAP certification requirements on a temporary, time-limited basis (less than 120 days). Temporary work assignments include, for example, working out of class, temporary assignments to a higher or different position during the time required to fill a vacancy, providing coverage for a staff person on leave status or similar situations. Examples of temporary work assignments are: assignment of a treatment clinician to clinical supervisory responsibilities or a prevention professional assigned to supervisory prevention activities due to a vacant position or employee leave of absence. During the temporary work assignment period, the individual performing the duties of the absent/vacant staff position will not be required to meet the MCBAP certification requirement for that temporary position. However, the individual with the temporary work assignment must have the certification or development plan appropriate to their current roles and responsibilities. For example, an individual temporarily assigned to clinical supervision would be required to be treatment-certified and an individual assigned to prevention supervisory responsibilities would be expected to be prevention- certified. When the provider does not have any suitable employee available, or does not have the capacity to meet these requirements, the provider and the CA are responsible for developing and implementing a “time-limited exception plan”. The CA and provider should enter into an exception plan agreement where a qualified but non-credentialed Commissioners Minutes Continued. January 20, 2010 355 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 9 of 14 person can provide adequate and appropriate supervision services to those credentialed staff currently providing services to clients. The length of the plan should be adequate to serve the immediate need of the provider and clients but should not exceed 120 days in an initial agreement. Supervisory exception plans may include purchase of supervisory services on a short- term basis, cross-CA or provider staff support or other actions appropriate to the situation and health care professional licensure requirements. For administrative efficiency, when providers participate in multiple CA provider panels, the affected CAs should jointly determine an appropriate plan. Considerations Due To Availability of Certified Supervisory Staff It is expected that certified supervisory staff may not be available during the implementation period, or the size/scope of some providers (i.e. single provider in a rural setting) result in shared supervision of either prevention and treatment programs or other unique arrangements. In these situations, the responsible CA and provider must develop a plan that recognizes that general supervisory responsibilities (such as approval of time off, etc) are at the discretion of the provider. However, a plan addressing how “content specialty” supervision will be provided must be developed and implemented. The plan as feasible and appropriate to the situation may consider hiring qualifications for new staff, supervised practical training, use of mentors or consultants, use of regional/other resources, development of a regional cadre for the content area or continuing education. Diversity and Workforce Development The development of a diverse pool of candidates and a workforce that is representative of the community and service population is valued and encouraged as is the development of career ladders that assist individuals in gaining the knowledge and skills that enable career advancement. The development of opportunities for peers as mentors and recovery specialists is also encouraged. III. STAFF QUALIFICATIONS FOR SUBSTANCE USE DISORDER PREVENTION SERVICES The staff qualifications that follow reflect changes that went into effect October 1, 2008. Definitions Prevention Professional: An individual who has one of the following Michigan specific (MCBAP) or International Certification & Reciprocity Consortium (IC&RC) credentials: Commissioners Minutes Continued. January 20, 2010 356 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 10 of 14 • Certified Prevention Specialist – Michigan (CPS-M) • Certified Prevention Consultant – Michigan (CPC-M) • Certified Prevention Specialist – IC&RC (CPS-R) • Certified Prevention Consultant – IC&RC (CPC-R) OR – An individual who has an approved Alternative Certification: • Certified Health Education Specialist (CHES) through the National Commission for Health Education Credentialing (NCHEC) OR – An individual who has a registered development plan, for a CPS credential, and is timely in its implementation leading to certification. Prevention Supervisor: An individual who has one of the following Michigan specific (MCBAP) or International Certification & Reciprocity Consortium (IC&RC) credentials: • Certified Prevention Consultant – Michigan (CPC-M) • Certified Prevention Consultant – IC&RC (CPC-R) • Certified Prevention Specialist – Michigan (CPS-M) • Certified Prevention Specialist – IC&RC (CPS-R) – only if credential effective prior to 10-01-2008 OR – An individual who has an approved Alternative Certification: • Certified Health Education Specialist (CHES) through the National Commission for Health Education Credentialing (NCHEC) IV. STAFF QUALIFICATIONS FOR SUBSTANCE USE DISORDER TREATMENT SERVICES The staff qualifications that follow reflect changes that went into effect October 1, 2008. Definitions Substance Abuse Treatment Specialist (SATS): An individual who has licensure in one of the following areas AND is working within his or her licensure-specified scope of practice: Physician (MD/DO), Physician Assistant (PA), Nurse Practitioner (NP), Registered Nurse (RN), Licensed Practical Nurse (LPN), Licensed Psychologist (LP), Limited Licensed Psychologist (LLP), Temporary Limited Licensed Psychologist (TLLP), Licensed Professional Counselor (LPC), Limited Licensed Counselor (LLC), Licensed Commissioners Minutes Continued. January 20, 2010 357 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 11 of 14 Marriage and Family Therapist (LMFT), Limited Licensed Marriage and Family Therapist (LLMFT), Licensed Masters Social Worker (LMSW), Limited Licensed Masters Social Worker (LLMSW), Licensed Bachelor’s Social Worker (LBSW), or Limited Licensed Bachelor’s Social Worker (LLBSW); AND they have a registered development plan and are timely in its implementation leading to certification OR they are functioning under a time limited exception plan approved by the CA as detailed in this document. OR – An individual who has one of the following Michigan specific (MCBAP) or International Certification & Reciprocity Consortium (IC&RC) credentials: • Certified Addictions Counselor – Michigan (CAC-M) • Certified Addictions Counselor – IC&RC (CAC-R) • Certified Advanced Addiction Counselor – IC&RC (CAAC) • Certified Criminal Justice Professional – IC&RC (CCJP-R) • Certified Co-Occurring Disorders Professional – IC&RC (CCDP) – Bachelors level only • Certified Co-Occurring Disorders Professional Diplomat – IC&RC (CCDP-D) – Masters level only OR – An individual who has an approved Alternative Certification: • For medical doctors: American Society of Addiction Medicine (ASAM) • For psychologists: American Psychological Association (APA) • Certification through the Upper Midwest Indian Council on Addiction Disorders (UMICAD) A Physician (MD/DO), Physician Assistant (PA), Nurse Practitioner (NP), Registered Nurse (RN) or Licensed Practical Nurse (LPN) who is not providing treatment services to clients beyond the scope of practice of their licensure are considered to be Specifically Focused Treatment Staff and are not required to obtain the MCBAP credentials. If one of these individuals wanted to provide substance use disorder treatment services to clients, outside the scope of their licensure, then the MCBAP certification requirements would apply. Substance Abuse Treatment Practitioner (SATP): An individual who has a registered MCBAP certification development plan that is timely in its implementation AND is supervised by an individual with a CCS-M, CCS-R or a registered development plan to obtain the supervisory credential, while completing the requirements of the plan (6000 hours). Treatment Supervisor: An individual who has one of the following Michigan specific (MCBAP) or International Certification & Reciprocity Consortium (IC&RC) credentials: Commissioners Minutes Continued. January 20, 2010 358 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 12 of 14 • Certified Clinical Supervisor – Michigan (CCS-M) • Certified Clinical Supervisor – IC&RC (CCS-R) OR – An individual who has an approved Alternative Certification: • For medical doctors: American Society of Addiction Medicine (ASAM) • For psychologists: American Psychological Association (APA) OR – An individual who has a registered development plan, for the supervisory credential and is timely in its implementation leading to certification. V. Other Staff-Related Definitions Individual Licensure Requirements – Refers to the supervision requirements set forth in the public health code for each category of licensed professions. The licensed individual is responsible for ensuring that he/she is involved in the appropriate supervision as designated by the licensing rules of his/her profession. Clinical Addiction Services – Those counseling services in substance use disorder treatment that involve individual or group interventions, that have a focus on developing insight into behaviors and developing skills in understanding and changing those behaviors, and that require specially trained and educated clinicians to conduct them. The therapy process is defined as the actions involved in assessment, diagnosis, or treatment of mental, emotional, or behavioral disorders, conditions, addictions, or other bio-psychosocial problems; and may include the involvement of the intra-psychic, intra- personal, or psychosocial dynamics of individuals. Other Services – Those services in substance use disorder treatment that involve directing, assisting, and teaching skills necessary for recovery from substance use disorders to clients. Individual/Clinical Supervision – Refers to the intervention that is provided by a senior member of a profession to a junior member or members of the same profession. This service is focused on enhancing the professional functioning of the junior member(s) and monitoring the quality of the professional services offered to clients by the junior member(s). In Michigan, to provide supervision in the substance use disorder prevention and treatment fields, an individual must have one of the following MCBAP credentials or an established development plan leading to certification in one of the credentials: • Certified Prevention Consultant – Michigan (CPC-M) • Certified Prevention Consultant – IC&RC (CPC-R) • Certified Prevention Specialist – Michigan (CPS-M) Commissioners Minutes Continued. January 20, 2010 359 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 13 of 14 • Certified Prevention Specialist – IC&RC (CPS-R) – only if credential effective prior to 10-01-2008 • Certified Health Education Specialist (CHES) through the National Commission for Health Education Credentialing (NCHEC) • Certified Clinical Supervisor – Michigan (CCS-M) • Certified Clinical Supervisor – IC&RC (CCS-R) • For medical doctors: American Society of Addiction Medicine (ASAM) • For psychologists: American Psychological Association (APA) Program Supervision – An administrative function that ensures agency compliance with laws, rules, regulations, policies and procedures that have been established for the provision of substance use disorder prevention and treatment services. Treatment Billing Codes Based on Qualifications Prevention billing is maintained by a statewide agreement and data system. All services provided by a SATS or SATP must be performed under appropriate supervision for billing to occur. Billing Code Code Description Substance Abuse Treatment Specialist (SATS) Substance Abuse Treatment Practitioner (SATP) H0001 Alcohol and/or drug assessment face-to-face service for the purpose of identifying functional and treatment needs and to formulate the basis for the Individualized Treatment Plan X X H0004 Behavioral health counseling and therapy, per 15 minutes X X H0005 Alcohol and/or drug services; group counseling by a clinician X X H0010 Alcohol and/or drug services; sub-acute detoxification; medically monitored residential detox (ASAM Level III.7-D) X X H0012 Alcohol and/or drug services; sub-acute detoxification; clinically monitored residential detox; non-medical or social detox setting (ASAM Level III.2-D) X X H0014 Alcohol and/or drug services; ambulatory detoxification without extended on-site monitoring (ASAM Level I-D) X X H0015 Alcohol and/or drug services; intensive outpatient (from 9 to 19 hours of structured programming per week based on an individualized treatment plan), including assessment, counseling, crisis intervention, and activity therapies or education X X H0018 Alcohol and/or drug services; short term residential (non-hospital residential treatment program) X X H0019 Alcohol and/or drug services; long-term residential (non-medical, non-acute care in residential treatment program where stay is typically longer than 30 days) X X H0022 Early Intervention X X H2035 Substance abuse treatment services, per hour X X H2036 Substance abuse treatment services, per diem X X T1012 Peer recovery and recovery support * X X 90804-Psychotherapy (individual) X Commissioners Minutes Continued. January 20, 2010 360 Att E_Credentialing_Staff Qual Req FY2010 Initial.doc Page 14 of 14 Billing Code Code Description Substance Abuse Treatment Specialist (SATS) Substance Abuse Treatment Practitioner (SATP) 90815 Appropriate licensure may still apply 90826 Interactive individual psychotherapy X Appropriate licensure may still apply 90847 Family psychotherapy X Appropriate licensure may still apply 90853 Group psychotherapy X Appropriate licensure may still apply 90857 Interactive group psychotherapy X Appropriate licensure may still apply 0906 Intensive Outpatient Services – Chemical dependency X X * Specially focused treatment staff may also provide and bill for this service Commissioners Minutes Continued. January 20, 2010 361 Commissioners Minutes Continued. January 20, 2010 362 Commissioners Minutes Continued. January 20, 2010 363 Commissioners Minutes Continued. January 20, 2010 364 Commissioners Minutes Continued. January 20, 2010 365 Commissioners Minutes Continued. January 20, 2010 366 Commissioners Minutes Continued. January 20, 2010 367 Commissioners Minutes Continued. January 20, 2010 368 Commissioners Minutes Continued. January 20, 2010 369 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH OFFICE OF DRUG CONTROL POLICY TREATMENT TECHNICAL ADVISORY # 05 SUBJECT: Welcoming ISSUED: October 1, 2006 PURPOSE: The purpose of this technical advisory is to establish expectations for the implementation of a welcoming philosophy. SCOPE: This technical advisory applies to the Regional Substance Abuse Coordinating Agencies (CAs) and their provider network, as administered through the Michigan Department of Community Health, Office of Drug Control Policy (MDCH/ODCP). It is expected that all CA and provider network staff involved in the provision of substance abuse services understand and take action to operate within these welcoming principles. These actions consist of reviewing business practices, identifying areas in need of improvement, and implementing identified changes. BACKGROUND: A welcoming philosophy is based on the core belief of dignity and respect for all people, while, in turn, following good business practice. The concept of welcoming became popular in the 1990s, when there was an increased emphasis on co-occurring disorder treatment. In this context welcoming was determined to be an important factor in contributing to successful client outcomes. The goal of addiction treatment is to move individuals along the path of recovery. There are two main features of the recovery perspective. It acknowledges that recovery is a long-term process of internal change and it recognizes that these internal changes proceed through various stages. As addiction is a chronic disease, it is characterized by acute episodes or events that precipitate a heightened need for an individual to change their behavior. It is important for the system to understand and support the treatment-seeking client by providing an environment including actions/behavior that foster entry and engagement throughout the treatment process and supports recovery. The Network for the Improvement of Addiction Treatment (NIATx) has expanded the application of welcoming principles to include all customers of an agency (agency staff, referral sources, client families). This technical advisory concurs with this expanded perspective. The NIATx “Key Paths to Recovery” goals of reduced waiting, reduced no shows, increased admissions, and increased continuation in treatment, incorporate an expectation for a welcoming philosophy. Commissioners Minutes Continued. January 20, 2010 370 TREATMENT TECHNICAL ADVISORY # 05 ISSUED: October 1, 2006 Page 2 of 5 RECOMMENDATIONS: Welcoming is conceptualized as an accepting attitude and understanding of how people ‘present’ for treatment. It also reflects a capacity on the part of the provider to address the client’s needs in a manner that accepts and fosters a service and treatment relationship. Welcoming is also considered a best practice for programs that serve persons with co-occurring mental health and substance use disorders. The following principles list the characteristics/attitudes/beliefs that can be found at a program or agency that is fostering a welcoming environment: General Principles Associated with Welcoming • Welcoming is a continuous process throughout the agency/program and involves access, entry, and on-going services. • Welcoming applies to all “clients” of an agency. Beside the individual seeking services and their family, a client also includes the public seeking services; other providers seeking access for their clients; agency staff; and the community in which the service is located and/or the community resides. • Welcoming is comprehensive and evidenced throughout all levels of care, all systems and service authorities. • A welcoming system is ‘seamless’. It enables service regardless of original entry point, provider and current services. • In a welcoming system, when resources are limited or eligibility requirements are not met, the provider ensures a connection is made to community supports. • A welcoming system is culturally competent and able to provide access and services to all individuals seeking treatment. Welcoming – Service Recipient • There is openness, acceptance, and understanding of the presenting behaviors and characteristics of persons with substance use disorders. • For persons with co-occurring mental health problems, there is openness, acceptance, and understanding of their presenting behaviors and characteristics. • Welcoming is recipient-based and incorporates meaningful client participation and ‘client satisfaction’ that includes consideration to the family members/significant others. • Services are provided in a timely manner to meet the needs of individuals and/or their families. • Clients must be involved in the development of their treatment plans and goals. Welcoming – Organization • The organization demonstrates an understanding and responsiveness to the variety of help-seeking behaviors related to various cultures and ages. Commissioners Minutes Continued. January 20, 2010 371 TREATMENT TECHNICAL ADVISORY # 05 ISSUED: October 1, 2006 Page 3 of 5 • All staff within the agency integrates and participates in the welcoming philosophy. • The program is efficient in sharing and gathering authorized information between involved agencies rather than having the client repeat it at each provider. • The organization has an understanding of the local community, including community differences, local community involvement and opportunities for recovery support and inclusion by the service recipient. • Consideration is given to administrative details such as sharing paperwork across providers, ongoing review to streamline paperwork to essential and necessary information. • A welcoming system is capable of providing follow-up and assistance to an individual as they navigate the provider and the community network(s). • Welcoming is incorporated into continuous quality improvement initiatives. • Hours of operation meet the needs of the population(s) being served. • Personnel that provide the initial contact with a client receive training and develop skills that improve engagement in the treatment process. • All paperwork has purpose and represent added value. Ingredients to managing paperwork are the elimination of duplication, quality forms design and efficient processing, transmission, and storage. Welcoming – Environmental and Other Considerations • The physical environment provides seating, space, and consideration to privacy, a drinking fountain and/or other ‘amenities’ to foster an accepting, comfortable environment. • The service location is considered with regard to public transportation and accessibility. • Waiting areas include consideration for family members or others accompanying the individual seeking services. Staff Competency Principles • Skills and knowledge appropriate to staff and their roles throughout the system (reception, clinical, treatment support, administrative). • Staff should have the knowledge and skill to be able to differentiate between the person and their behaviors. • Staff should be respectful of client boundaries in regards to personal questions and personal space. • Staff uses attentive behavior, listening with empathy not sympathy. Performance Indicators CAs are expected to include a provision in their provider network contracts requiring welcoming principles be implemented and maintained. Commissioners Minutes Continued. January 20, 2010 372 TREATMENT TECHNICAL ADVISORY # 05 ISSUED: October 1, 2006 Page 4 of 5 Client satisfaction surveys are expected to incorporate questions that address the ‘welcoming’ nature of the agency and its services. CAs include consideration to welcoming principles in their provider network site visit protocols. MDCH/ODCP may review these provider network protocols during their visits to the CA. REFERENCES: 5 Promising Practices Improving Timeliness. Retrieved July 6, 2006, from Network for the Improvement of Addiction Treatment website: www.NIATx.net 5 Promising Practices Increasing Admissions. Retrieved July 6, 2006, from Network for the Improvement of Addiction Treatment website: www.NIATx.net 5 Promising Practices Increasing Continuation. Retrieved July 6, 2006, from Network for the Improvement of Addiction Treatment website: www.NIATx.net 5 Promising Practices Reducing No Shows. Retrieved July 6, 2006, from Network for the Improvement of Addiction Treatment website: www.NIATx.net Center for Substance Abuse Treatment. (2005). Substance Abuse Treatment for Persons With Co-Occurring Disorders, Treatment Improvement Protocol (TIP) Series 42. Rockville, MD: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. Key Pathways to Recovery. Retrieved July 6, 2006, from University of Wisconsin Madison website: https://chess.chsra.wisc.edu/pathstorecovery/PathsToRecovery/TopPaths.asp Key Pathways to Recovery – First Request for Service. Retrieved July 6, 2006, from University of Wisconsin Madison website: https://chess.chsra.wisc.edu/pathstorecovery/PathsToRecovery/FirstRequest.asp Key Pathways to Recovery - Intake. Retrieved July 6, 2006, from University of Wisconsin Madison website: https://chess.chsra.wisc.edu/pathstorecovery/PathsToRecovery/Intake.asp Key Pathways to Recovery – Moving Patients Into and Through Appropriate Levels of Care. Retrieved July 6, 2006, from University of Wisconsin Madison website: https://chess.chsra.wisc.edu/pathstorecovery/PathsToRecovery/LevelsCare.asp Key Pathways to Recovery - Paperwork. Retrieved July 6, 2006, from University of Wisconsin Madison website: https://chess.chsra.wisc.edu/pathstorecovery/PathsToRecovery/Paperwork.asp Commissioners Minutes Continued. January 20, 2010 373 Commissioners Minutes Continued. January 20, 2010 374 Commissioners Minutes Continued. January 20, 2010 375 Commissioners Minutes Continued. January 20, 2010 376 Commissioners Minutes Continued. January 20, 2010 377 Commissioners Minutes Continued. January 20, 2010 378 Commissioners Minutes Continued. January 20, 2010 379 Commissioners Minutes Continued. January 20, 2010 380 Commissioners Minutes Continued. January 20, 2010 381 Commissioners Minutes Continued. January 20, 2010 382 Commissioners Minutes Continued. January 20, 2010 383 Commissioners Minutes Continued. January 20, 2010 384 Commissioners Minutes Continued. January 20, 2010 385 Commissioners Minutes Continued. January 20, 2010 386 Commissioners Minutes Continued. January 20, 2010 387 Commissioners Minutes Continued. January 20, 2010 388 Commissioners Minutes Continued. January 20, 2010 389 Commissioners Minutes Continued. January 20, 2010 390 Commissioners Minutes Continued. January 20, 2010 391 Commissioners Minutes Continued. January 20, 2010 392 Commissioners Minutes Continued. January 20, 2010 393 Commissioners Minutes Continued. January 20, 2010 394 Commissioners Minutes Continued. January 20, 2010 395 Commissioners Minutes Continued. January 20, 2010 396 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH OFFICE OF DRUG CONTROL POLICY TREATMENT POLICY #06 SUBJECT: Individualized Treatment Planning ISSUED: September 22, 2006 EFFECTIVE: October 1, 2006 PURPOSE The purpose of this policy is to establish the requirements for individualized treatment planning. Treatment plans must be a product of the client’s active involvement and informed agreement. Direct client involvement in establishing the goals and expectations for treatment is expected to ensure appropriate level of care determination, identify true and realistic needs and increase the client’s motivation to participate in treatment. Treatment planning requires an understanding that each client is unique and each treatment plan must be developed based on the individual needs, goals, desires and strengths of each client. The treatment planning process can be limited by the information that is gathered in the assessment or by actual treatment planning forms. These treatment forms should be reviewed on at least an annual basis to ensure that the information that is being gathered or the manner in which it is recorded continues to support the individualized treatment planning process. SCOPE This policy impacts the coordinating agency (CA) and its provider network of substance abuse treatment and recovery support services. BACKGROUND Expectations for Individualized Treatment Planning have been advisory requirements in the contract with the coordinating agencies for the past three years. This policy formalizes these expectations. REQUIREMENTS The Administrative Rules for Substance Abuse Programs in Michigan, promulgated under PA 368 of 1978, as amended, state, “A recipient shall participate in the development of his or her treatment plan.” [Recipient Rights Rules, Section 305(1)]. All CA providers must also be accredited by one of four national accreditation bodies. Accreditation standards also require evidence of client participation in the treatment planning process. Commissioners Minutes Continued. January 20, 2010 397 TREATMENT POLICY # 06 EFFECTIVE: October 1, 2006 Page 2 of 4 PROCEDURE Treatment planning begins at the time the client enters treatment – either directly or based on a referral from an access system – and ends when the client is discharged. Treatment planning is a dynamic process that evolves beyond the first or second session when required documentation has been completed. Throughout the treatment process, as the client’s needs change, the treatment plan must be revised to meet the new needs of the client. The treatment plan is not limited to just the client and the counselor. The client can request any family members, friends or significant others be involved in the treatment process. Once the treatment plan is completed, the client, counselor, and other involved individuals must sign the form indicating understanding of the plan and the expectations. Establishing Goals and Objectives The initial step in developing an individualized treatment plan involves the completion of a biopsychosocial assessment. This is a comprehensive assessment that includes current and historical information about the client. From this assessment, the needs and strengths of the client are identified and it is this information that assists the counselor and client in establishing the goals and objectives that will be focused on in treatment. The identified strengths can be used to help meet treatment goals. Examples of strengths might be a healthy support network, stable employment, stable housing, willingness to participate in counseling, etc. After strengths are identified, the counselor assists the client in using these strengths to accomplish the identified goals and objectives. Identifying strengths of the client can provide motivation to participate in treatment and may take the focus off any negative situations that surround the client getting involved in treatment – legal problems, work problems, relationship problems, etc. Writing the Plan Once the goals and objectives are jointly decided on, they are recorded in the treatment plan document utilized by the provider. Goals must be stated in the client’s words. Each goal that is written down should be directly tied to a need that was identified in the assessment. Once a goal has been identified, then the objectives – the steps that need to be taken to achieve the goal – are recorded. The objective must be developed with the client but do not have to be recorded in the client’s exact words. The objectives need to be written in a manner in which they can be measured for progress toward completion along with a targeted completion date. The completion dates must be realistic to the client or the chances of compliance with treatment are greatly reduced. Establishing Treatment Interventions The next component of the plan is to determine the intervention(s) that will be used to assist the client in being able to accomplish the objective. In other words – what action will the client take to achieve it and what action will the counselor take to assist the client in achieving the goal. Again, these actions must be mutually agreed upon to provide the best chance of success for the client. Commissioners Minutes Continued. January 20, 2010 398 TREATMENT POLICY # 06 EFFECTIVE: October 1, 2006 Page 3 of 4 Framework for Treatment The individualized treatment plan provides the framework by which the treatment should be conducted. Any individual or group sessions that the client participates in must address or be related to the goals and objectives in the treatment plan. When progress notes are written, the note should reflect what goal(s)/objective(s) were addressed during a treatment episode. The progress notes are also where to document any adjustments/changes to the treatment plan. Once a change is decided on, it should then be added to the treatment plan in the format described above. Treatment Plan Progress Reviews Treatment plans must be reviewed and this review must be documented in the client record. The frequency of the reviews can be based on the time frame in treatment (60, 90, 120 days) or on the number of treatment episodes that have taken place since admission or since the last review (8, 10, 12 episodes) The reviews must include input from all clinicians/treatment providers involved in the care of the client as well as any other individuals the client has involved in their treatment plan. This review should reflect on the progress the client has made toward achieving each goal and/or objective, the need to keep specific goals/objectives or discontinue them, and the need to add any additional goals/objectives due to new needs of the client. As with the treatment plan, the client, clinician, and other relevant individuals should sign this review. The treatment plan and the treatment plan reviews not only serve as tools to provide treatment to the client, they help in the administrative function of service authorization. All decisions concerning, but not limited to, authorizations, length of stay, transfer, discharge, continuing care, and authorizations by CAs must be based on individualized determinations of need and on progress toward treatment goals and objectives. Such decisions must not be based on arbitrary criteria such as pre-determined time or payment limits. Policy Monitoring and Review The CA will monitor compliance with individualized treatment planning and these reviews will be made available to ODCP during site visits. ODCP will also review for individualized treatment planning during provider site visits. Reviews of treatment plans will occur in the following manner: • A review of the biopsychosocial assessment to determine where and how the needs were identified • A review of the treatment plan to check for: 1. Matching goals to needs – Needs from assessment to goals on the treatment plan 2. Goals are in the client’s words and are unique to the client – No standard or routine goals that are used by all clients 3. Measurable objectives – The ability to determine if and when an objective will be completed Commissioners Minutes Continued. January 20, 2010 399 TREATMENT POLICY # 06 EFFECTIVE: October 1, 2006 Page 4 of 4 4. Target dates for completion – The dates identified for completion of the goals and objectives are unique to the client and not just routine dates put in for completion of the plan 5. Intervention strategies – the specific types of strategies that will be used in treatment – group therapy, individual therapy, cognitive behavioral therapy, didactic groups, etc 6. Signatures – Client, counselor, and involved individuals. • A review of progress notes to ensure documentation relates to goals and objectives • A review of the treatment plan progress review to check for: 1. Progress note information matching what is in review 2. Rationale for continuation/discontinuation of goals/objectives 3. New goals and objectives developed with client input 4. Client participation/feedback present in the review 5. Signatures REFERENCES Mee-Lee, D., Shulman, G.D., Fishman, M., Gastfriend, D.R., & Griffith, J.H. (Eds.) (2001). ASAM Patient Placement Criteria for the Treatment of Substance-Related Disorders, Second Edition- Revised (ASAM PPC-2R). Chevy Chase, MD: American Society of Addiction Medicine, Inc. Miller, Scott, Mee-Lee, David, Plum, Bill and Hubble, Mark. (2005). “Making Treatment Count: Client- Directed, Outcome Informed Clinical Work with Problem Drinkers” National Institute on Drug Abuse (2000). Principles of Drug Addiction Treatment. Washington, D.C.: NIDA. Scott D. Miller, Barry L. Duncan. (2000). Paradigm Lost: From Model-Driven to Client-Directed, Outcome-Informed Clinical Work. Institute for the Study of Therapeutic Change, Chicago, Illinois APPROVED BY: __________________________________________________ Donald L. Allen, Director Office Of Drug Control Policy Commissioners Minutes Continued. January 20, 2010 400 Commissioners Minutes Continued. January 20, 2010 401 Commissioners Minutes Continued. January 20, 2010 402 Commissioners Minutes Continued. January 20, 2010 403 Commissioners Minutes Continued. January 20, 2010 404 Commissioners Minutes Continued. January 20, 2010 405 Commissioners Minutes Continued. January 20, 2010 406 Commissioners Minutes Continued. January 20, 2010 407 Commissioners Minutes Continued. January 20, 2010 408 Commissioners Minutes Continued. January 20, 2010 409 Commissioners Minutes Continued. January 20, 2010 410 Commissioners Minutes Continued. January 20, 2010 411 Commissioners Minutes Continued. January 20, 2010 412 Commissioners Minutes Continued. January 20, 2010 413 Commissioners Minutes Continued. January 20, 2010 414 Commissioners Minutes Continued. January 20, 2010 415 Commissioners Minutes Continued. January 20, 2010 416 Commissioners Minutes Continued. January 20, 2010 417 Commissioners Minutes Continued. January 20, 2010 418 Commissioners Minutes Continued. January 20, 2010 419 Commissioners Minutes Continued. January 20, 2010 420 Commissioners Minutes Continued. January 20, 2010 421 Commissioners Minutes Continued. January 20, 2010 422 Commissioners Minutes Continued. January 20, 2010 423 Commissioners Minutes Continued. January 20, 2010 424 Commissioners Minutes Continued. January 20, 2010 425 Commissioners Minutes Continued. January 20, 2010 426 Commissioners Minutes Continued. January 20, 2010 427 Commissioners Minutes Continued. January 20, 2010 428 Commissioners Minutes Continued. January 20, 2010 429 ADDENDUM A to CONTRACT BETWEEN STATE OF MICHIGAN, DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY HEALTH DIVISION FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 This Addendum modifies the intergovernmental agreement entitled, “CONTRACT BETWEEN STATE OF MICHIGAN, DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLALND COUNTY HEALTH DIVISION FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010” for Non-community Drinking Water Long Term monitoring, and other monitoring services, as follows:  Article XI LIABILITY shall read: (A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or costs arising out of activities to be carried out by the Grantee under this Contract, if the liability is caused by the Grantee or anyone employed by the Grantee. (B) All liability as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the State in the performance of this Contract is the responsibility of the State and not the responsibility of the Grantee if the liability is caused by any State employee or agent. (C) In the event that liability arises as a result of activities conducted jointly by the Grantee and the State in fulfillment of their responsibilities under this Contract, such liability is held by the Grantee and the State in relation to each party’s responsibilities under these joint activities. (D) Nothing in this Contract should be construed as a waiver of any governmental immunity by the Grantee, the State, its agencies, or their employees as provided by statute or court decisions. (E) If the Grantee utilizes any subcontractors for services under this Contract, the Grantee shall require subcontractors to be responsible for any claims, demands, costs or judgments arising out of activities carried out by subcontractors under this Contract and to indemnify the State of Michigan for any claims, demands, costs or judgments arising out of activities carried out by subcontractors under this Contract. Commissioners Minutes Continued. January 20, 2010 430 Addendum to Contract between the Michigan Department of Environmental Quality and Oakland County Health Division Page 2 of 2, 12/18/09  Article XVI INSURANCE PARAGRAPH A shall read: (A) The Grantee must maintain insurance or self insurance that will protect it from claims that may arise from the Grantee’s actions under this contract. Paragraph B shall remain unchanged.  Article XX CANCELLATION a new paragraph shall be inserted after the first paragraph and it shall read: The State shall notify Grantee in writing within thirty (30) calendar days of becoming aware of the need for any modifications in agreement funding commitments made necessary by action of the Federal Government, the Governor or Legislature or the Department of Management and Budget on behalf of the Governor or Legislature. Grantee and the State shall work together to determine if Grantee’s obligations under the Contract can be modified to accommodate a decrease in funding. Grantee shall have the right to terminate this Contract if the State provides notice that funding shall cease. The individual or officer signing this Agreement and Addendum certifies by his or her signature that he or she is authorized to sign the Agreement and Addendum on behalf of the responsible board or agency. For the Grantee: ______________________________________________________________________ BILL BULLARD, JR., CHAIRPERSON DATE OAKLAND COUNTY BOARD OF COMMISSIONERS For the State: ______________________________________________________________________ DATE WATER BUREAU Commissioners Minutes Continued. January 20, 2010 431 LOCAL HEALTH DEPARTMENT GRANT CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY HEALTH DIVISION This Grant Contract (“Contract”) is made between the Michigan Department of Environmental Quality, (MDEQ), Water Bureau (“State"), and Oakland County Health Division ("Grantee"). The purpose of this Contract is to provide funding in exchange for work to be performed for the project named below. The State is authorized to provide grant assistance pursuant to Michigan Safe Drinking Water Act, 1976, PA 399, as amended; Natural Resources and Environmental Protection Act, 1994, PA 451, as amended, Parts 117 and 201; Public Health Act, 1978, PA 368, as amended; and Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq. Legislative appropriation of Funds for grant assistance is set forth in Public Act 118 of 2009. This Contract is subject to the terms and conditions specified herein. Project Name: Local Health Department Master Grant Contract Amount of grant: $$295,582 % of grant state $$255,327 / % of grant federal $$40,255 Start Date (date executed by MDEQ): 10/01/2009 End Date: 09/30/2010 GRANTEE CONTACT: STATE’S CONTACT: Kathy Forzley, Manager Tom Hettinger Name/Title Oakland County Health Division Name/Title Water Bureau Organization 1200 N. Telegraph Rd., Dept. 432 Division/Bureau/Office P.O. Box 30723 Address Pontiac, MI 48341-0432 Address Lansing, MI 48909-7773 Address Address 517.241.1330 Telephone number Telephone number 517.373.2040 Fax number Fax number Hettingert@michigan.gov E-mail address 38-6004876 E-mail address Federal ID number The individuals signing below certify by their signatures that they are authorized to sign this Contract on behalf of their agencies and that the parties will fulfill the terms of this Contract, including any attached appendices, as set forth herein. FOR THE GRANTEE: Signature Date Name/Title FOR THE STATE: Signature William Creal, Chief, Water Bureau Date Name/Title I. PROJECT SCOPE Commissioners Minutes Continued. January 20, 2010 432 This Contract and its appendices constitute the entire Contract between the State and the Grantee and may be modified only by written agreement between the State and the Grantee. (A) The scope of this project is limited to the activities specified in Appendix A and such activities as are authorized by the State under this Contract. Any change in project scope requires prior written approval in accordance with Section III, Changes, in this Contract. (B) By acceptance of this Contract, the Grantee commits to complete the project identified in Appendix A within the time period allowed for in this Contract and in accordance with the terms and conditions of this Contract. II. CONTRACT PERIOD Upon signature by the State, the Contract shall be effective from the Start Date until the End Date on page 1. The State shall have no responsibility to provide funding to the Grantee for project work performed except between the Start Date and the End Date specified on page 1. Expenditures made by the Grantee prior to the Start Date or after the End Date of this Contract are not eligible for payment under this Contract. III. CHANGES Any changes to this Contract shall be requested by the Grantee in writing and approved in writing by the State. The State reserves the right to deny requests for changes to the Contract or to the appendices. No changes can be implemented without approval by the State. IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of this Contract. (A) The Grantee must complete and submit reports according to a form and format prescribed by the State. These reports shall be due according to the following: Reporting Period Due Date January 1 – March 31 April 30 April 1 – June 30 July 31 July 1 – September 30 Before October 15* October 1 – December 31 January 31 *Due to the State’s year-end closing procedures, there will be an accelerated due date for the report covering July 1 – September 30. Advance notification regarding the due date for the quarter ending September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October for the quarter ending September 30, an estimate of expenditures through September 30 must be submitted to allow the State to complete its accounting for that fiscal year. The forms provided by the State shall be submitted to the State’s contact at the address on page 1. (B) The Grantee shall provide a final project report in a format prescribed by the State (C) The Grantee must provide all products and deliverables in accordance with Appendix A. V. GRANTEE RESPONSIBILITIES 2 Commissioners Minutes Continued. January 20, 2010 433 (A) The Grantee agrees to abide by all local, state, and federal laws, rules, ordinances, and regulations in the performance of this grant. (B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this grant is not a guarantee of permit approval by the State. (C) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the Grantee’s receipt of this grant. (D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and coordination of all designs, drawings, specifications, reports, and other services furnished by the Grantee or its subcontractor under this Contract. The Grantee or its subcontractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or other services. (E) The State’s approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of the work. The State’s review, approval, acceptance, or payment for any of the services shall not be construed as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. (F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with the State for the purpose of obtaining this Contract or any payment under the Contract, and that any such filing may subject the Grantee, its agents, and/or employees to criminal and civil prosecution and/or termination of the grant. VI. USE OF MATERIAL Unless otherwise specified in this Contract, the Grantee may release information or material developed under this Contract, provided it is acknowledged that the State funded all or a portion of its development. The State retains an irrevocable license to reproduce, publish, and use in whole or in part, and authorize others to do so, any copyrightable material submitted under this grant whether or not the material is copyrighted by the Grantee or another person. The Grantee will only submit materials that the State can use in accordance with this paragraph. Unless otherwise specified in this Contract, the Grantee may not patent products or processes developed under this Contract. VII. ASSIGNABILITY The Grantee shall not assign this Contract or assign or delegate any of its duties or obligations under this Contract to any other party without the prior written consent of the State. The State does not assume responsibility regarding the contractual relationships between the Grantee and any subcontractor. VIII. SUBCONTRACTS The State reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the project. The Grantee is solely responsible for all contractual activities performed under this Contract. Further, the State will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting 3 Commissioners Minutes Continued. January 20, 2010 434 from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Contract and shall be qualified to perform the duties required. IX. NON-DISCRIMINATION The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state, and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Contract, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. The Grantee agrees to include in every subcontract entered into for the performance of this Contract this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Contract. X. UNFAIR LABOR PRACTICES The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL 423.321 et seq. XI. LIABILITY (A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or costs arising out of activities to be carried out by the Grantee under this Contract, if the liability is caused by the Grantee, any subcontractor, or anyone employed by the Grantee. (B) All liability as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the State in the performance of this Contract is the responsibility of the State and not the responsibility of the Grantee if the liability is caused by any State employee or agent. (C) In the event that liability arises as a result of activities conducted jointly by the Grantee and the State in fulfillment of their responsibilities under this Contract, such liability is held by the Grantee and the State in relation to each party’s responsibilities under these joint activities. (D) Nothing in this Contract should be construed as a waiver of any governmental immunity by the Grantee, the State, its agencies, or their employees as provided by statute or court decisions. XII. CONFLICT OF INTEREST No government employee, or member of the legislative, judicial, or executive branches, or member of the Grantee’s Board of Directors, its employees, partner agencies, or their families shall benefit financially from any part of this Contract. XIII. ANTI-LOBBYING If all or a portion of this Contract is funded with federal funds, then in accordance with OMB Circular A-21, A-87, or A-122, as appropriate, the Grantee shall comply with the Anti-Lobbying Act, which prohibits the use of all project funds regardless of source, to engage in lobbying the state or federal government or in litigation against the State. Further, the Grantee shall require that the language of this assurance be included in the award documents of all subawards at all tiers. 4 Commissioners Minutes Continued. January 20, 2010 435 If all or a portion of this Contract is funded with state funds, then the Grantee shall not use any of the grant funds awarded in this Contract for the purpose of lobbying as defined in the State of Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly with an official of the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action.” The Grantee shall not use any of the grant funds awarded in this Contract for the purpose of litigation against the State. Further, the Grantee shall require that language of this assurance be included in the award documents of all subawards at all tiers. XIV. DEBARMENT AND SUSPENSION By signing this Contract, the Grantee certifies to the best of its knowledge and belief that it, its agents, and its subcontractors: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or the state. (2) Have not within a three-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, as defined in 45 CFR 1185; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in subsection (2). (4) Have not within a three-year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default. (5) Will comply with all applicable requirements of all other state or federal laws, executive orders, regulations, and policies governing this program. XV. AUDIT AND ACCESS TO RECORDS The State reserves the right to conduct a programmatic and financial audit of the project, and the State may withhold payment until the audit is satisfactorily completed. The Grantee will be required to maintain all pertinent records and evidence pertaining to this Contract, including grant and any required matching funds, in accordance with generally accepted accounting principles and other procedures specified by the State. The State or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access and inspection. All records must be maintained for a minimum of five years after the final payment has been issued to the Grantee by the State. XVI. INSURANCE (A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may arise from the Grantee’s actions under this Contract or from the actions of others for whom the Grantee may be held liable. (B) The Grantee must comply with applicable workers’ compensation laws while engaging in activities authorized under this Contract. 5 Commissioners Minutes Continued. January 20, 2010 436 XVII. OTHER SOURCES OF FUNDING The Grantee guarantees that any claims for reimbursement made to the State under this Contract must not be financed by any source other than the State under the terms of this Contract. If funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or to immediately refund to the State, the total amount representing such duplication of funding. XVIII. COMPENSATION (A) A breakdown of costs allowed under this Contract is identified in Appendix A. The State will pay the Grantee a total amount not to exceed the amount on page 1 of this Contract, in accordance with Appendix A, and only for expenses incurred. All other costs necessary to complete the project are the sole responsibility of the Grantee. (B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Contract are not allowed under the Contract, [unless otherwise specified in Appendix A]. (C) The State will approve payment requests after approval of reports and related documentation as required under this Contract. (D) The State reserves the right to request additional information necessary to substantiate payment requests. (E) Payments under this Contract may be processed by Electronic Funds Transfer (EFT). The Grantee may register to receive payments by EFT at the Contract & Payment Express Web Site (http://www.cpexpress.state.mi.us). XIX. CLOSEOUT (A) A determination of project completion, which may include a site inspection and an audit, shall be made by the State after the Grantee has met any match obligations, satisfactorily completed the activities, and provided products and deliverables described in Appendix A. (B) Upon issuance of final payment from the State, the Grantee releases the State of all claims against the State arising under this Contract. Unless otherwise provided in this Contract or by State law, final payment under this Contract shall not constitute a waiver of the State’s claims against the Grantee. (C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed by this Contract. XX. CANCELLATION This Contract may be canceled by the State, upon 30 days written notice, due to Executive Order, budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement by the State and Grantee. The State reserves the right to provide just and equitable compensation to the Grantee for all satisfactory work completed under this Contract. XXI. TERMINATION (A) This Contract may be terminated by the State as follows. (1) Upon 30 days written notice to the Grantee: 6 Commissioners Minutes Continued. January 20, 2010 437 a. If the Grantee fails to comply with the terms and conditions of the Contract, or with the requirements of the authorizing legislation cited on page 1, or the rules promulgated thereunder, or other applicable law or rules. b. If the Grantee knowingly and willingly presents false information to the State for the purpose of obtaining this Contract or any payment under this Contract. c. If the State finds that the Grantee, or any of the Grantee’s agents or representatives, offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the State in an attempt to secure a subcontract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract. d. During the 30-day written notice period, the State shall also withhold payment for any findings under subparagraphs a through c, above. e. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in the register of persons engaging in unfair labor practices that is compiled by the Michigan Department of Labor and Economic Growth or its successor. (2) Immediately and without further liability to the State if the Grantee, or any agent of the Grantee, or any agent of any subcontract is: a. Convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; b. Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; c. Convicted under State or federal antitrust statutes; or d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects on the Grantee’s business integrity. e. Added to the federal or state Suspension and Debarment list. (B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion of funds received under this Contract. FEDERALLY FUNDED PROGRAM-SPECIFIC BOILERPLATE XXII FEDERAL FUNDING REQUIREMENTS A maximum of $ $40,255 or 14 % of total disbursements, is funded with Federal Funding. See Program Funding Section XXXI for funding by individual program. By accepting this contract, the grantee agrees to comply with the requirements of the Statutory Authority and the requirements of the Regulatory Authority found in the Program Funding Section XXXI. These regulations include, but are not limited to the following: (A) Grantees receiving $500,000 or more in federal funds in their fiscal year shall have a single audit performed in compliance with OMB Circular A-133, Revised June 24, 1997, “Audits of State, Local Governments, & Non-Profit Organizations. This audit must be performed and copies provided to the appropriate agencies within nine months from the end of the grantee’s fiscal year. The Grantee must submit a copy of the Audit Report to the Michigan Department of Environmental Quality at the following address: 7 Commissioners Minutes Continued. January 20, 2010 438 Michigan Department of Environmental Quality Finance and Business Services Division Federal Aid Section P.O. Box 30473 Lansing, MI 48909 Or, the grantee may also submit the single audit report electronically to the Michigan Department of Treasury website (http://www.michigan.gov/treasury/0,1607,7-121- 1751_31038---,00.html.) It is the responsibility of the Grantee to report the expenditures related to this grant on the Grantee’s annual Schedule of Expenditures of Federal Awards. (B) The Grantee agrees to fulfill conditions that the Federal Government has imposed on the State as a condition of Federal funding as indicated herein and in all appendices. (C) The Grantee will comply with the Hatch Political Activity Act, as amended, 5 USC §§ 1501- 1508, and the Intergovernmental Personnel Act of 1970 as amended by Title (6) of the Civil Service Reform Act, 42 USC § 4728, which states that employees working in programs financed with federal grants may not be a candidate for elective public office in a partisan election, use official authority or influence to affect the result of an election, or influence a state or local officer to provide financial support for a political purpose. XXIII CONSULTANT CAP Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient’s contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjust annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices), Sub agreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provided the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b). XXIV COPYRIGHTED MATERIAL In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other recipients, EPA has the right to reproduce, publish, use and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Governmental purposes: (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as “co-regulators’ or 8 Commissioners Minutes Continued. January 20, 2010 439 act as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA’s authorization to the other grantee to use the copyrighted works or other data. Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of: a. the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b. termination or expiration of this agreement. In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds. XXV DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200-36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provision set forth in Title 40 CFR 36.300 The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.gpo.gov/nara/cfr/waisidx_08/40cfr36_08.html XXVI MBE/WBE REQUIREMENTS In accordance with the USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises (MBE/WBE) in procurement under assistance programs, contained in 40 CFR, Part 33, the Grantee agrees to: (1) Accept the applicable “fair share” goals negotiated with USEPA by the Michigan Department of Environmental Quality as follows: MBE 3% WBE 5% Pursuant to 40 CFR, Section 33.301, the recipient agrees to the following good faith efforts whenever procuring construction, equipment, services and supplies under this agreement, and to ensure that sub-recipients, loan recipients and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, whether the 9 Commissioners Minutes Continued. January 20, 2010 440 requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes whenever possible, positing solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce in finding DBEs. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. The recipient agrees to complete and submit EPA Form 5700-52A, “MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements” beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. The reports must be submitted to the Project Manager semiannually for the periods ending March 31 and September 30. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. EPA Form 5700-52A may be obtained from the program manager or on the Internet at www.epa.gov/ogd/forms/forms.htm The recipient agrees to comply with the contract administrations provisions of 40 CRF, Section 33.302, which establishes that a prime contractor must pay its subcontractor by 30 days after the grant recipient has made payment. XXVII PROCUREMENT OF RECYCLED PRODUCTS Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. XXVII RECYCLED PAPER In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January, 24, 2007,) the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of the agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms which are printed on recycled paper and are available through the General Services Administration. 10 Commissioners Minutes Continued. January 20, 2010 441 XXVIII SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration reauthorization and Amendment Act of 1988. Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): a. Placing SBRAs on solicitation lists: b. Ensuring the SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs. e. Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. Requiring the contractor, if it awards subcontracts, to take the affirmative steps in subparagraphs a. through e. of this condition. XXIX HOTEL-MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel- Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. XXX SUBAWARDS a. The recipient agrees to: (1) Establish all subaward agreements in writing; (2) Maintain primary responsibility for ensuring successful completion of the EPA- approved project (this responsibility cannot be delegated or transferred to a subrecipient); (3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular A-133 and are not used to acquire commercial goods or services for the recipient; (4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; (5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities; (6) Monitor the performance of their recipients and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; (7) Obtain EPA’s consent before making a subaward to a foreign or international organization, or a subaward to be performed in a foreign country; and (8) Obtain approval from EOA for any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 11 Commissioners Minutes Continued. January 20, 2010 442 b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed to the recipient’s EPA Project Officer. Additional information regarding subawards may be found at http://www.epa.gov/ogd/guide/subaward-policy- part-2.pdf Guidance for distinguishing between vendor and subrecipient relationships and ensuring compliance with Section (a)-(d) of OMB Circular A-133 can be found at http://www.epa.gov/ogd/guide/subawards-appendix-b.pdf and http://www.whitehouse.gov/omb/circulars/a133/a133.aspx#b c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward competitions. 12 Commissioners Minutes Continued. January 20, 2010 443 PROJECT-SPECIFIC REQUIREMENTS – APPENDIX A Title to equipment or other nonexpendable personal property supported in whole or in part by the State with categorical funding and having a unit acquisition cost of less than $5,000 shall vest with the Grantee upon acquisition. The State reserves the right to retain or transfer the title to all items of equipment and nonexpendable personal property having a unit acquisition cost of $5,000 or more to the extent that it is determined that the State’s proportionate interest in such equipment and personal property supports such retention or transfer of title. The Grantee, if a Local Health Department, shall comply with the local public health accreditation standards and follow the accreditation process and schedule established by the Michigan Department of Community Health (MDCH) to achieve full accreditation status. A Grantee designated as “not accredited” may have their State allocations reduced for costs incurred in the assurance of service delivery. 13 Commissioners Minutes Continued. January 20, 2010 444 XXXI PROGRAM FUNDING Program A - Noncommunity (Type II): Index 37338 1. Water Supply Requirements –PCA 41893; Amount $155,447 Funding Source: State Restricted 2. Operator Certification - PCA 41813; Amount $36,355 is funded with Federal Funding. The Catalog of Federal Domestic Assistance (CFDA) title is “Operator Certification Expense Reimbursement Grant”, and the CFDA number is 66.471. The Federal Grant Number is CT975861 and the grant is funded with Federal funds from the EPA awarded in 2002. By accepting this contract, the grantee agrees to comply with the requirements of the Safe Drinking Water Act, Sec. 1419(d) Amended 1996, PL 104-182 and the requirements found in the regulatory authority 40 CFR PART 31. 3. Capacity Development – PCA 41832; Amount $3,900 is funded with Federal Funding. The Catalog of Federal Domestic Assistance (CFDA) title is “Cap Grant for the Drinking Water Revolving Fund”, and the CFDA number is 66.468. The Federal Grant Number is FS97548705 and the grant is funded with Federal funds from the EPA awarded in 2005. By accepting this contract, the grantee agrees to comply with the requirements of the By accepting this contract, the grantee agrees to comply with the requirements of the Safe Drinking Water Act, Sec. 1419(d) Amended 1996, PL 104-182 and the requirements found in the regulatory authority 40 CFR PART 31 & 35, subpart L. Program B - Long-Term Monitoring: Index 37307 PCA 30744; Amount $62,130 Funding Source: State Restricted Program C – Great Lakes Beach Monitoring: Index 37541, PCA 41239, Amount $0; is funded with Federal Funding. The Catalog of Federal Domestic Assistance (CFDA) title is “Beach Monitoring and Notification Program Grant”, and the CFDA number is 66.472. The Federal Grant Number is CU00E259-01 and the grant is funded with Federal funds from the EPA awarded in 2007. By accepting this contract, the grantee agrees to comply with the requirements of the Beaches Environmental Assessment and Coastal Health Act of 2000, PL 106-284 and the requirements found in the regulatory authority 40 CFR PART 31. Program D - Public Swimming Pool Requirements: Index 37342 PCA 44402; Amount $32,700 Funding Source: State Restricted Program E - Septage Requirements: Index 37344 PCA 44106, Amount $4,500 Funding Source: State Restricted Program H – Campground Requirements: Index 37343 PCA 44502; Amount $550 Funding Source: State Restricted 14 Commissioners Minutes Continued. January 20, 2010 445 Commissioners Minutes Continued. January 20, 2010 446 Commissioners Minutes Continued. January 20, 2010 447 Commissioners Minutes Continued. January 20, 2010 448 Commissioners Minutes Continued. January 20, 2010 449 Commissioners Minutes Continued. 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January 20, 2010 486 Commissioners Minutes Continued. January 20, 2010 487 Commissioners Minutes Continued. January 20, 2010 488 Commissioners Minutes Continued. January 20, 2010 489 Commissioners Minutes Continued. January 20, 2010 490 State of Michigan 2008 Homeland Security Grant Program Grant Agreement for Citizen's Corps Program October 1, 2009 to September 30,2010 CFDA Number: 97.067 Grant Number: 2008-GE-T8-0052 This Homeland Security Grant Program Citizen's Corp Program (HSGP-CCP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and COUNTY OF OAKLAND (hereinafter called the Subgrantee) I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the County of Monroe through the Subqrantee. The funding under this grant agreement will be allocated to the Subgrantee from the CCP allocation to the State of Michigan. CCP funds are intended to engage and actively involve all citizens in hometown security through personal preparedness, training, exercises, and volunteer service and to provide a structured opportunity for citizens to augment loca l emergency response activ ities . II. Objectives The principal objective of this Grant Agreement is to provide financial assistance to the Subgrantee for allowable costs in the CCP and the following specific program: 1. Community Emergency Response Teams (CERT) 2. Medical Reserve Corps (MRC) 3. Neighborhood Watch 4. Volunteer in Police Service (VIPS) 5. Fire Corps Allowable Investments made in support of the programs listed above must fall into one of the following six categories: 1. Planning 2. Organization 3. Equ ipment 4. Tra ining 5. Exercises 6. Personnel For guidance on allowable costs for the CCP program areas, please refer to the 2008 Homeland Security Grant Program (HSGP) Guidance, located at http://www.fema.gov/government/grant/hsgp/index08.shtm. To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has cre ated a list of priority projects that Subgrantees shall use their 2008 HSGP-CCP funds to support. These projects were derived from the 10 Investment Justifications developed by Michigan that are to be implemented at the regional/local level. Additional information is provided in the Mich igan FY 2008 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 2008 HSGP-CCP funds. Subgrantees must consider the needs of local un its of government and applicable volunteer organizations in the projects and activities included in their FY 2008 HSGP-CCP appli cation. Commissioners Minutes Continued. January 20, 2010 491 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 2 of 9 III. Statutory Authority Funding for the Fiscal Year (FY) 2008 HSGP is authorized by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329). The Subgrantee agrees to comply with all HSGP-CPP program requirements in accordance with the Michigan Emergency Management Act,Act 390, and PA of 1976, as amended ,located at http://www.michigan.gov/documents/mspemd-Act_390_oC1976_7125_7.pdf. The Subgrantee also agrees to comply with the following regulations: A. Administrative Requirements 1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, located at http://eCFR.gpoaccess.gov/cgi/t/text/text­ idx?c=ecfr&tpl=/ecfrbrowsefTitle44/44cfr13_main_02.tpl 2. 2 CFR, Part 215, Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110), located at http://ecfr.gpoaccess.gov/cgi/t/text/text­ idx?c=ecfr&sid=5f90b818356757091 bb65ea93f163c6a&tpl=/ecfrbrowsefTitle02/2cfr215_main_02.tpI B. Cost principals 1. 2 CFR, Part 225, Cost Principals for State, Local, and Indian Tribal Governments (OMB Circular A-87) located at http://ecfr.gpoaccess.govlegi/t/text/text­ idx?c=ecfr&tpl=/ecfrbrowsefTitle02/2cfr225_main_02.tpl 2. 2 CFR, Part 220, Cost Principals for Educational Institutions (OMB Circular A-21) located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=2:1.1 .2.3A&idno=2 3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122) located at http://ecfr .gpoaccess .gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowsefTitle02/2cfr230_main_02.tpl C. Audit Requirements 1.0MB Circular A-133 , Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.gov/omb/circulars/a133/a133.html IV. Homeland Security Grant Program Award Amount and Restrictions The COUNTY OF OAKLAND, as the Fiduciary Agent for County of Monroe , is awarded $3,327.00 in CCP funding under the FY 2008 HSGP-CCP. This Grant Agreement designates CCP funds for reimbursement of authorized costs . Grant Agreement funds shall not be used for other purposes . The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the FY 2008 Grant Agreement period. Allocations for the FY08 HSGP-CCP have been determined on a regional basis through a funding methodology consistent with current Department of Homeland Security (DHS) guidance. Regional Boards have been created to ensure that all jurisdictions within a designated region have an equa l say in how funds are spent. Final determination on how funds awarded by this grant agreement will be spent will be determined through a review process by the State Administrative Agency (SAA) of projects submitted by the Region 2 Homeland Security Planning Board, not by the Subgrantee (Fiduciary agent). V. Responsibilities of the Subgrantee FY 2008 HSGP-CCP funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing funds ,and will not replace (supplant)funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The Subgrantee may be required to supply documentation certifying that it did not reduce non-federal funds because of receiving federa l funds . Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. Commissioners Minutes Continued. January 20, 2010 492 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 3 of 9 Fiduciary Agent Designation The Subgrantee agrees to act as the designated Fiduciary Agent for the County of Monroe. As the designated Fiduciary Agent for Monroe County, the Subgrantee agrees to follow all responsibilities in Section V of this grant agreement. If the Subgrantee becomes unable to fulfill the responsibilities of Section V, refer to Section XI for instruct ions on how to terminate this agreement. The Subgrantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this 2008 HSGP-CCP Grant Agreement, Subgrantees shall complete, sign, and subm it to Subgrantor the following documents, which are incorporated by reference into this Grant Agreement: 1. Standard Assurances 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement 3. State of Michigan Audit Certification Form (EMD-053) 4. W-9 Request for Taxpayer Identification Number and Certification 5. Other documents that may be required by federal or state officials B. The FY08 Homeland Security Grant covers eligible costs from October 1,2009 until September 30,2010. Please refer to the Fiscal Year 2008 Homeland Security Grant Program Guidance, located at http ://www.fema.gov/governmentlgrantlhsgp/index08.shtm, for a detailed list of what costs are eligible under this grant. Allowable costs are specifically addressed in Appendix B of the Guidance. C. Submit project applications to the Subgrantor, which have been prepared and approved by the Homeland Security Regional Board, for evaluation and approval of projects prior to starting a project. All projects must meet DHS & Emergency Management and Homeland Security Division (EMHSD) grant quidelines and must be related to one of the 10 approved state investments, 8 required projects, and supported by an assessment of at least one of the 37 targeted capabilities. Projects should be coordinated with Regional Homeland Security Board activities. Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Subgrantor for approval. D. Make all purchases in accordance with grant guidance and local purchasing policies. E. Submit an Allowable Cost Justification (ACJ) form for all costs that are part of approved projects prior to the encumbering of the cost. If an ACJ is not submitted, the Subgrantee will be held responsible for all costs determined to be ineligible by the Subgrantor or DHS . F. Create and maintain an inventory of all FY08 HSGP-CCP equ ipment purchases that lists , at minimum, the piece of equ ipment, the cost of the equipment, what agency the equipment is assigned to and the physical location of the equipment for the grant period and at least three years after the grant is closed . Any equipment purchased with HSGP-CCP funds must be prominently marked as purchased with funds prov ided by the U.S. Department of Homeland Security. G. Make FY08 HSGP-CCP equ ipment available for pick-up by other government agencies per equipment assignments by the Region 2 Homeland Security Planning Board . This process needs to include legal transfer of the equipment to the designated government agen cies. At minimum , the Subgrantee should prepare documents, which when signed, will indicate other designated government agencies accept full legal and financial responsibility for pieces of equipment. H. At the end of the Fiscal Year , the Subgrantee must supply a document to the other local government agencies reporting the dollar amount spent on their behalf; so the local government agencies can submit the information on their Schedule of Expenditures of Federal Awards (SEFA) report. NOTE: Cop ies of these documents must also be provided to the Michigan State Police , Emergency Management and Homeland Security Division, Audit Unit , 4000 Collins Road , Lansing, Michigan 48910-5883 I. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed). The Subgrantee must subm it the quarterly reimbursement request even if it has no expenditures for that quarter. The due Commissioners Minutes Continued. January 20, 2010 493 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 4 of 9 dates for quarterly reimbursement requests are listed in Section VII of this agreement. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMHSD website at http://www.michigan.gov/msp/0.1607.7-123-1593_3507-113992--.00.html. Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise. J. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. Quarterly progress reports, at minimum, need to contain a description of the project, the actions taken that quarter to complete the project, a percentage estimate of the completeness of the project and an expected completion date of the project. The due dates for quarterly work reports are listed in Section VII of this agreement. The Subgrantor will provide the Subgrantee with a form to complete this report within 60 days of issuing the grant agreement. K. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reporting period. The due dates for the BSIR are on January 20,2009,July 20,2009,and January 20,2010. The reporting periods are from January 1 through June 30 and July 1 through December 31. The final BSIR is due 90 days after the end date of the FY08 Homeland Security Grant award period. L. Comply with FY08 NIMS implementation requirements and move towards completion by September 30, 2011. FY08 NIMS requirements must be fully complied with by September 30,2011. NIMS information is available at http://www.fema.gov/emergency/nims. M. Comply with applicable financial and admin istrat ive requirements set forth in the current edition of 44 CFR, Part 13 including the following provisions: 1. Account for receipts and expenditures,maintain adequate financ ial records ,and refund expenditures disallowed by federal or state audit. 2. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the FY08 HSGP-CCP for at least three years after the financial close-out date of this grant program, for purposes of federal and/or state examination and audit. 3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133 , "Audits of States, local Governments, and Non-Profit Organizations," as further described in 44 CFR, Part 13. Random audits shall be performed to ensure compliance with applicable provisions. 4. Subgrantor and Subgrantee FY08 HSGP-CCP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCl 15.231 et seq. However, section 13(1)(u) and (y), MCl 15.243(1 )(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures,including security plans ,security codes and combinations,passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, buildinq, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,...emergency response plans,risk planning documents,threat assessments,and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance ." Much of the information submitted in the course of applying for funding under this program , or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical to national security interests. This may include threat,risk ,and needs assessment information ;and discussions of demographics,transportation,public works ,and industrial and public health infrastructures. Therefore, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis . Commissioners Minutes Continued. January 20, 2010 494 2008 Citizen Corps Grant Agreement County of Oakland (fiduc iary for the County of Monroe) Page 5 of 9 Note: The Subgrantee will only be held responsible for expenditures disallowed by federal or state audit that are determined to be caused by the negligence of the Subgrantee or by the Subgrantee not complying with the responsibilities of Section V. N. Integrate individuals with disabilities into emergency planning, Executive Order 13347 . O. Environmental and Historic Preservation Program (EHP) : Federal environmental and historic preservation laws and Executive Orders provide the basis and direction for the implementation of federal environmental and historic preservation review requirements for FEMA-funded projects. These laws and executive orders are aimed at protecting our nation's water, air ,coastal, wildlife, land,agricultural,historical and cultural resources, as well as minimizing potential adverse effects to children, low-income and minority populations. Failure to comply with these laws could result in project delays and denial of funding. FEMA through the Environmental and Historic Preservation Program engage s in a review process to ensure that FEMA funded activities comply with these laws. VI. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Adm inister the FY08 HSGP-CCP in accordance with all applicable federal and state regulations and guidelines and provide quarterly reports documenting this administration. B. Provide direction and technical assistance to the Subgrantee. C. Provide to the Subgrantee any special report forms and report ing formats (templates) required for operation of the program . D. Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Subgrantee. E. Independently, or in conjunction with DHS, conduct random on-site reviews with Subgrantee(s). F. Subgrantor and Subgrantee FY08 HSGP-CCP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCl 15.231 et seq . However, section 13(1)(u) and (y), MCl 15.243(1)(u) and (y) of the FOIA permits the exemption from public disclosure of the records of a public body's "security measures,including security plans ,security codes and combinations,passwords,passes , keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private,including,but not limited to,building ,public works,and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,...emergency response plans , risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical to national security interests. This may include threat,risk ,and needs assessment information;and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis . Commissioners Minutes Continued. January 20, 2010 495 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 6 of 9 VII. Payment and Reporting Procedures The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it at a minimum at the end of each quarter (or more frequently, as needed) if there are eligible expenses to be reimbursed . See below quarterly report schedule for due dates. Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. THE QUARTERS ARE AS FOLLOWS: r" Quarter: October 1, 2009 to December 31, 2009 2nd Quarter: January 1, 2010 to March 31, 2010 3rd Quarter: April 1, 2010 to June 30, 2010 4th Quarter: July 1, 2010 to September 30, 2010 DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS: 1st Quarter: January 31, 2010 2nd Quarter: April 30, 2010 3rd Quarter: July 31,2010 4th Quarter: October 31, 2010 Reporting Requirements The reporting requirements are designed to prov ide the EMHSD with sufficient information to monitor project implementation and ensure proper use of federal funds . Accounting systems must allocate costs to the project activities. Expenditures must be summarized, correspond with the project budget detail, scope of the project, or work plan attached to the award, and be supported with source documentation, as appropriate. Subgrantees are required to submit Quarterly Progress Reports by Project and supporting documentation for expend itures in accordance with their project budget detail and project scope of work. Progress reports compare actual expend itures to the project budget detail for the reporting period. Any significant cost deviations from the approved budget detail and subsequent impact on the project, etc. shall be reported in the Narrative Progress Report. The Quarterly Progress Report must support the expenditures and financial activity in financial progress reports and reimbursement requests. The information on this form will be used by the Subgrantor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with 2 CFR, Part 215 (OMB Circular A-110); 2 CFR, Part 220 (OI\.l1B Circular A-21); 2 CFR, Part 225 (OMB Circular A-8?); and 2 CFR, Part 230 (OMS Circular 122). This information will also be used to mon itor compliance with OMB Circulars A-102 and A­ 133, and with the U.S. Dept. of Homeland Security/Office of Grant Operations Financial Guide, to ensure proper use of federal funds. Quarterly Progress Reports are required whether or not expenditures are incurred. Subgrantees failure to fulfill the quarterly reporting requirements,as requ ired by the grant, may result in the suspension of grant activities until reports are received. Commissioners Minutes Continued. January 20, 2010 496 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 7 of 9 Reimbursement requests and Quarterly Progress Reports should be mailed to the Michigan State Police, Emergency Management and Homeland Security Division, 4000 Collins Road, Lansing MI 48910, unless the Subgrantee is otherwise notified by the Subgrantor. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Employment Matters Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-larsen Civil Rights Act, 1976 PA 453, as amended , MCl 37.2101 et seq., the Persons with Disab ilities Civil Rights Act, 1976 PA 220, as amended , MCl 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discrim inate against any employee or applicant for employment, to be employed in the performance of this Grant Agreement,with respect to his or her hire,tenure,terms,conditions, or privileges of employment; or any matter directly or indirectly related to employment because of his or her race, religion,color ,national origin, age, sex,height,weight,marital status,limited English proficiency,or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to include in every subcontract entered into for the perfor mance of this Gran t Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement. The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subqrantee on this Project appears in the register compiled by the Michigan Department of labor and Econom ic Growth , Bureau of Commercial Services,Licensing and Enforcement Divisions,pursuant to 1980 PA 278,as amended , MCl 423.321 et seq. (State Contractors with Certain Employers Prohibited Act),or on the Federal excluded party list system database located at www.epls.gov . IX. Limitation of Liability Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. X. Third Parties This Grant Agreeme nt is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor . XI. Grant Agreement Period This Grant Agreeme nt is in full force and effect from September 1, 2008 through May 31 , 2011 . No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement except with prior written approval. This Grant Agreement consists of two identical sets simultaneously executed ; each is cons idered an original having identical legal effect. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for term ination and the effective date,or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination , the Subgrantee agrees to return to the Subgrantor any funds not authorized for use,and Subgrantee shall have no further obligation to make payments . Commissioners Minutes Continued. January 20, 2010 497 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 8 of 9 XII. Entire Grant Agreement This Grant Agreement is governed by the laws of the state of Mich igan and supersedes all prior agreements, documents, and representations between Subgrantor and Subgrantee, whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Section XI above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party . Subgrantee agrees to inform Subgrantor in writing immed iately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates , budget , or services are subject to prior written approval of Subgrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. The State may suspend or terminate subgrant funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failure to expend funds in a timely manner consistent with the grant milestones, quidance and assurances. • Failure to comply with the requirements or statutory objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the subgrant application . • Failure to follow grant agreement requirements or special conditions . •Proposal or implementation of substantial plan changes to the extent that, if originally submitted,the project would not have been approved for funding. • Failure to subm it required reports. • Filing of a false certification in the application or other report or document. • Failure to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV. Business Integrity Clause The Subgrantor may immediately canc el the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a State, public , or private grant or subcontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiv ing stolen property, attempting to influence a publ ic employee to breach the ethical conduct standards for State of Michigan employees ; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity . XIV. Freedom of Information Act (FOIA) DHS recognizes that much of the information submitted in the course of applying for funding under this program , or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important to national security interests. This may include threat, risk, and needs assessment information, and discussions of demographics, transportation,public works,and industrial and public health infrastructures. While this information, under Federal control, is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5. U.S.C. §552, all determinations concerning the release of information of this nature are made on a case-by-case basis by the DHS FOIA Offi ce, and may likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The applicant may also consult G&T regarding concerns or questions about the release of information under State and local laws. The grantee should be familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1520), as these designations may provide additional protection to certain classes of homeland security information. Commissioners Minutes Continued. January 20, 2010 498 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 9 of 9 XV. Official Certification For the Subgrantee. The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is authorized to sign this Grant Agreement on behalf of the jurisdiction he or she represents. County of Oakland Name of Jurisdiction Printed Name Title Signature Date For the Subgrantor (Michigan State Police -Emergency Management and Homeland Security Division) Deputy State Director of Emergency Capt. W . Thomas Sands Management and Homeland Security Printed Name Title Commissioners Minutes Continued. January 20, 2010 500 Commissioners Minutes Continued. January 20, 2010 501 Commissioners Minutes Continued. January 20, 2010 502 Commissioners Minutes Continued. January 20, 2010 503 Commissioners Minutes Continued. January 20, 2010 504 Commissioners Minutes Continued. January 20, 2010 505 Commissioners Minutes Continued. January 20, 2010 506 Commissioners Minutes Continued. January 20, 2010 507 Commissioners Minutes Continued. January 20, 2010 508 Commissioners Minutes Continued. January 20, 2010 509 Commissioners Minutes Continued. January 20, 2010 510 Commissioners Minutes Continued. January 20, 2010 511 Commissioners Minutes Continued. January 20, 2010 512 Commissioners Minutes Continued. January 20, 2010 513 Commissioners Minutes Continued. January 20, 2010 514 Commissioners Minutes Continued. January 20, 2010 515 Commissioners Minutes Continued. January 20, 2010 516 Commissioners Minutes Continued. January 20, 2010 517 Commissioners Minutes Continued. January 20, 2010 518 Commissioners Minutes Continued. January 20, 2010 519 Commissioners Minutes Continued. January 20, 2010 520 Commissioners Minutes Continued. January 20, 2010 521 Commissioners Minutes Continued. January 20, 2010 522 Commissioners Minutes Continued. January 20, 2010 523 Commissioners Minutes Continued. January 20, 2010 524 Commissioners Minutes Continued. January 20, 2010 525 Commissioners Minutes Continued. January 20, 2010 526 Commissioners Minutes Continued. January 20, 2010 527 Commissioners Minutes Continued. January 20, 2010 528 Commissioners Minutes Continued. January 20, 2010 529 Commissioners Minutes Continued. January 20, 2010 530 NOT SPECIFIED /OTHER 1. Award No. 2. Modification No. 3. Effective Date 4. CFDA No. DE-EE0000750 11/17/2009 81.128 ASSISTANCE AGREEMENT OAKLAND POINTE, 250 ELIZABETH LAKE ROAD, SUIT 7. Period of Performance 11/17/2009 through 11/16/2012 6. Sponsoring Office Golden Field Office U.S. Department of Energy Golden Field Office 1617 Cole Blvd. Golden CO 80401 PONTIAC MI 483410414 Attn: SCOTT GUZZY OAKLAND, COUNTY OF 5. Awarded To Other Cooperative Agreement Grant PL 111-5, Recovery Act 2009 PL 110-140, EISA 2007 10EE000920 10. Purchase Request or Funding Document No.9. Authority8. Type of Agreement X 11. Remittance Address 12. Total Amount 13. Funds Obligated OAKLAND, COUNTY OF Attn: SCOTT GUZZY PONTIAC MI 483410414 Govt. Share: $4,879,700.00 Cost Share : $0.00 Total : $4,879,700.00 This action: $4,879,700.00 Total : $4,879,700.00 OAKLAND POINTE, 250 ELIZABETH LAKE ROAD, SUIT Jason Randall Golden CO 80401-3393 1617 Cole Blvd. Golden Field Office U.S. Department of Energy Golden Field Office Phone: 303-275-4847Phone: 248-858-0160 Art Holdsworth 14. Principal Investigator 15. Program Manager 16. Administrator See Attachment #2 19. Submit Reports To18. Paying Office17. Submit Payment Requests To 20. Accounting and Appropriation Data EECBG 21. Research Title and/or Description of Project RECOVERY ACT: COUNTY OF OAKLAND, MI ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT For the Recipient For the United States of America 22. Signature of Person Authorized to Sign 25. Signature of Grants/Agreements Officer 23. Name and Title 24. Date Signed 26. Name of Officer 27. Date Signed 11/23/2009Melissa Y. Wise NOT SPECIFIED /OTHER Commissioners Minutes Continued. January 20, 2010 531 NOT SPECIFIED /OTHER CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED OFPAGE NAME OF OFFEROR OR CONTRACTOR (A) ITEM NO. (B) SUPPLIES/SERVICES QUANTITY (C) UNIT (D) UNIT PRICE (E) AMOUNT (F) 2 DE-EE0000750 OAKLAND, COUNTY OF 3 DUNS Number: 136200362 In addition to this Assistance Agreement, this award consists of the items listed in the Special Terms and Conditions, Provision 2, Award Agreement Terms and Conditions. In Block 7 of the Assistance Agreement, the Period of Performance reflects the beginning of the project through the end of the current Budget Period, shown as 11/17/2009 through 11/16/2012. Blocks 12 and 13 of this Assistance Agreement indicate the Total Obligated Amount of this project, which is the Recipient's total allocation. The funds available in ASAP to the Recipient through this action are limited to $0, due to the restrictions in Provision Number 15, National Environmental Policy Act (NEPA) Requirements; Provision Number 19, Subgrants and Loans; and Provision Number 20, Justification of Budget Costs, in the Special Terms and Conditions. Once these conditions have been met, the funds will be released to the Recipient. DOE Award Administrator: Yolanda C. Ramirez E-mail: Yolanda.Ramirez@go.doe.gov Phone: 303-275-4908 DOE Project Officer: Jason Randall E-mail: Jason.Randall@go.doe.gov Phone: 303-275-4847 Recipient Business Officer: Art Holdsworth E-mail: Holdswortha@oakgov.com Phone: 248-858-0160 Recipient Principal Investigator: Art Holdsworth E-mail: Holdswortha@oakgov.com Phone: 248-858-0160 Electronic signature or signatures as used in this document means a method of signing an electronic message that-- (A) Identifies and authenticates a particular person as the source of the electronic message; (B) Indicates such person's approval of the information contained in the electronic message; Continued ... July 2004 NOT SPECIFIED /OTHER Commissioners Minutes Continued. January 20, 2010 532 NOT SPECIFIED /OTHER CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED OFPAGE NAME OF OFFEROR OR CONTRACTOR (A) ITEM NO. (B) SUPPLIES/SERVICES QUANTITY (C) UNIT (D) UNIT PRICE (E) AMOUNT (F) 3 DE-EE0000750 OAKLAND, COUNTY OF 3 and, (C) Submission via FedConnect constitutes electronically signed documents. ASAP: Yes Extent Competed: NOT AVAIL FOR COMP Davis-Bacon Act: YES Delivery Location Code: 03601 Golden Field Office U.S. Department of Energy Golden Field Office 1617 Cole Blvd. Golden CO 80401-3393 Payment: OR for Golden U.S. Department of Energy Oak Ridge Financial Service Center P.O. Box 4517 Oak Ridge TN 37831 Fund: 05796 Appr Year: 2009 Allottee: 31 Report Entity: 200835 Object Class: 41020 Program: 1005115 Project: 2004350 WFO: 0000000 Local Use: 0000000 TAS Agency: 89 TAS Account: 0331 July 2004 NOT SPECIFIED /OTHER Commissioners Minutes Continued. January 20, 2010 533 Commissioners Minutes Continued. January 20, 2010534 Commissioners Minutes Continued. January 20, 2010535 Commissioners Minutes Continued. January 20, 2010536 Commissioners Minutes Continued. January 20, 2010537 Commissioners Minutes Continued. January 20, 2010538 Commissioners Minutes Continued. January 20, 2010539 Commissioners Minutes Continued. January 20, 2010540 ,, State of Michigan 2008 Homeland Security Grant Program Grant Agreement for Citizen's Corps Program October 1, 2009 to September 30, 2010 CFDA Number: 97,067 Grant Number: 2008-GE-T8-0052 This Homeland Security Grant Program Citizen's Corp Program (HSGP-CCP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and COUNTY OF OAKLAND (hereinafter called the Subgrantee) I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Subqrantee. The funding under this grant agreement will be allocated to the Subgrantee from the CCP allocation to the State of Mich igan. CCP funds are intended to engage and actively involve all citizens in hometown security through personal preparedness, training, exercises, and volunteer service and to provide a structured opportunity for citizens to augment local emergency response activities. II. Objectives The principal objective of this Grant Agreement is to provide financial assistance to the Subgrantee for allowable costs in the CCP and the following specific program : 1. Community Emergency Response Teams (CERT) 2. Medical Reserve Corps (MRC) 3. Neighborhood Watch 4. Volunteer in Police Service (VIPS) 5. Fire Corps Allowable Investments made in support of the programs listed above must fall into one of the following six categories: 1. Planning 2. Organization 3. Equipment 4. Training 5. Exercises 6. Personnel For guidance on allowable costs for the CCP program areas, please refer to the 2008 Homeland Security Grant Program (HSGP) Guidance, located at http ://www.fema.gov/government/grant/hsgplindex08.shtm. To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has created a list of priority projects that Subgrantees shall use their 2008 HSGP-CCP funds to support. These projects were derived from the 10 Investment Justifications developed by Michigan that are to be implemented at the regional/local level. Additional information is provided in the Michigan FY 2008 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 2008 HSGP-CCP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 2008 HSGP-CCP application. Commissioners Minutes Continued. January 20, 2010 541 2008 Citizen Corps Grant Agreement County of Oakland Page 2 of 9 III. Statutory Authority Funding for the Fiscal Year (FY) 2008 HSGP is authorized by the Consolidated Security, Disaster Ass istance, and Continuing Appropriations Act, 2009 (Public Law 110-329). The Subgrantee agrees to comply with all HSGP-CPP program requirements in accordance with the Michigan Emergency Management Act , Act 390, and P.A. of 1976, as amended, located at http://www.michigan.gov/documents/mspemd-Act_390_oC1976_7125_7 .pdf. The Subgrantee also agrees to comply with the following regulations: A. Admin istrative Requirements 1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, located at http://eCFR.gpoaccess.gov/cgi/t/text/text­ idx?c=ecfr&tpl=/ecfrbrowsefTitle44/44cfr13_main_02. tpl 2. 2 CFR, Part 215, Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110), located at http://ecfr.gpoaccess.gov/cgi/t/text/text­ idx?c=ecfr&sid=5f90b818356757091 bb65ea93f163c6a&tpl=/ecfrbrowsefTitle02/2cfr215_main_02 .tpl B. Cost principals 1. 2 CFR, Part 225, Cost Principals for State, Local, and Indian Tribal Governments (OMB Circular A-87) located at http://ecfr.gpoaccess.gov/cgi/tltextltext­ idx?c=ecfr&tpl=/ecfrbrowsefTitle02/2cfr225_main_02. tpl 2. 2 CFR, Part 220, Cost Principals for Educational Institutions (OMB Circular A-21) located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=2:1.1.2.3.4&idno=2 3. 2 CFR , Part 230, Cost Principals for Non-Profit Organizations (OMS Circular A-122) located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowsefTitle02/2cfr230_main_02.tpl C. Audit Requirements 1.0MB Circular A-133 , Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.gov/omb/circulars/a133/a133.html IV. Homeland Security Grant Program Award Amount and Restrictions The COUNTY OF OAKLAND is awarded $11,321.00 in CCP fund ing under the FY 2008 HSGP-CCP. This Grant Agreement designates CCP funds for reimbursement of authorized costs. Grant Agreement funds shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the FY 2008 Grant Agreement period . Allocations for the FY08 HSGP -CCP have been determined on a regional basis through a funding methodology consistent with current Department of Homeland Security (DHS) guidance. Regional Boards have been created to ensure that all jurisdictions within a designated region have an equal say in how funds are spent. Final determination on how funds awarded by this grant agreement will be spent will be determined through a review process by the State Administrative Agency (SAA) ofprojects submitted by the Region 2 Homeland Security Planning Board, not by the Subgrantee. V. Responsibilities of the Subqrantee FY 2008 HSGP-CCP funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The Subgrantee may be required to supply documentation certifying that it did not reduce non-federal funds because of receiving federal funds . Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. Commissioners Minutes Continued. January 20, 2010 542 2008 Citizen Corps Grant Agreement County of Oakland Page 3 of 9 The Subgrantee agrees to follow all responsibilities in Section V of this grant agreement. If the Subgrantee becomes unable to fulfill the responsibilities of Section V, refer to Section XI for instructions on how to terminate this agreement. The Subgrantee agrees to comply with all applicable federal and state regulations, including the following : A. In addition to this 2008 HSGP-CCP Grant Agreement, Subgrantees shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this Grant Agreement: 1. Standard Assurances 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement 3. State of Michigan Audit Certification Form (EMD-053) 4. W-9 Request for Taxpayer Identification Number and Certification 5. Other documents that may be required by federal or state officials B. The FY08 Homeland Security Grant covers eligible costs from October 1,2009 until September 30, 2010 . Please refer to the Fiscal Year 2008 Homeland Security Grant Program Guidance, located at http ://www.fema.gov/governmentlgrantlhsgp/index08.shtm ,for a deta iled list of what costs are eligible under this grant. Allowable costs are specifically addressed in Appendix B of the Guidance. C. Submit project applications to the Subgrantor, which have been prepared and approved by the Homeland Security Regional Board, for evaluation and approval of projects prior to starting a project. All projects must meet DHS & Emergency Management and Homeland Security Division (EMHSD) grant guidelines and must be related to one of the 10 approved state investments, 8 required projects, and supported by an assessment of at least one of the 37 targeted capabilities. Projects should be coordinated with Regional Homeland Security Board activities. Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Subgrantor for approval. D. Make all purchases in accordance with grant guidance and local purchasing policies. E. Submit an Allowable Cost Justification (ACJ) form for all costs that are part of approved projects prior to the encumbering of the cost. If an ACJ is not submitted, the Subgrantee will be held responsible for all costs determined to be ineligible by the Subgrantor or DHS . F. Create and maintain an inventory of all FY08 HSGP-CCP equipment purchases that lists, at minimum , the piece of equipment, the cost of the equipment, what agency the equipment is assigned to and the physical location of the equipment for the grant period and at least three years after the grant is closed . Any equipment purchased with HSGP-CCP funds must be prominently marked as purchased with funds provided by the U.S. Department of Homeland Security. G. Make FY08 HSGP-CCP equipment available for pick-up by other government agencies per equipment assignments by the Region 2 Homeland Security Planning Board . This process needs to include legal transfer of the equipment to the designated government agencies . At minimum, the Subgrantee should prepare documents, which when signed, will indicate other designated government agencies accept full legal and financial responsibility for pieces of equipment. H. At the end of the Fiscal Year , the Subgrantee must supply a document to the other local government agencies reporting the dollar amount spent on their behalf; so the local government agencies can submit the information on their Schedule of Expenditures of Federal Awards (SEFA) report. NOTE: Copies of these documents must also be provided to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road , Lansing, Michigan 48910-5883 I. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed). The Subgrantee must submit the quarterly reimbursement request even if it has no expenditures for that quarter. The due dates for quarterly reimbursement requests are listed in Section VII of this agreement. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper Commissioners Minutes Continued. January 20, 2010 543 2008 Citizen Corps Grant Agreement County of Oakland Page 4 of 9 completion. The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMHSD website at http ://www.michigan.gov/msp/O.1507.7-123-1593_3507-113992--.00.htm!. Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise. J. Subm it quarterly progress reports to the Subgrantor on the status of all approved projects . Quarterly progress reports, at minimum, need to contain a description of the project, the actions taken that quarter to complete the project, a percentage estimate of the completeness of the project and an expected completion date of the project. The due dates for quarterly work reports are listed in Section VII of this agreement. The Subgrantor will provide the Subgrantee with a form to complete this report within 50 days of issuing the grant agreement. K. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reporting period. The due dates for the BSIR are on January 20, 2009, July 20, 2009, and January 20, 2010 . The reporting periods are from January 1 through June 30 and July 1 through December 31. The final BSIR is due 90 days after the end date of the FY08 Homeland Security Grant award period. L. Comply with FY08 NIMS implementation requirements and move towards completion by September 30, 2011. FY08 NIMS requirements must be fully complied with by September 30, 2011. NIMS information is available at http://www.fema.gov/emergency/nims. M. Comply with applicable financial and administrative requ irements set forth in the current edition of 44 CFR, Part 13 including the following provisions: 1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. 2. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the FY08 HSGP-CCP for at least three years after the financial close-out date of this grant program, for purposes of federal and/or state examination and audit. 3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, "Audits of States, local Governments, and Non-Profit Organizations," as further described in 44 CFR, Part 13. Random audits shall be performed to ensure compliance with applicable provisions. 4. Subgrantor and Subgrantee FY08 HSGP-CCP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCl 15.231 et seq. However, section 13(1)(u) and (y), Mel 15.243(1 )(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes ,keys ,and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, buildinq, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,...emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program , or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical to national security interests. This may include threat, risk, and needs assessment information;and discussions of demographics,transportation, public works ,and industrial and public health infrastructures. Therefore, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. Commissioners Minutes Continued. January 20, 2010 544 2008 Citizen Corps Grant Agreement County of Oakland Page 5 of 9 Note : The Subqrantee will only be held responsible for expenditures disallowed by federal or state audit that are determined to be caused by the negligence of the Subgrantee or by the Subgrantee not complying with the responsibilities of Section V. N. Integrate individuals with disabilities into emergency planning, Executive Order 13347 . O. Environmental and Historic Preservation Program (EHP) : Federal environmental and historic preservation laws and Executive Orders provide the basis and direction for the implementation of federal environmental and historic preservation review requirements for FEMA-funded projects. These laws and executive orders are aimed at protecting our nation's water, air, coastal, wildlife , land, agricultural, historical and cultural resources , as well as minimizing potential adverse effects to children, low-income and minority populations. Failure to comply with these laws could result in project delays and denial of funding. FEMA through the Environmental and Historic Preservation Program engages in a review process to ensure that FEMA funded activities comply with these laws . VI. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the FY08 HSGP-CCP in accordance with all applicable federal and state regulations and guidelines and provide quarterly reports documenting this administration. B. Provide direction and technical assistance to the Subgrantee. C. Provide to the Subgrantee any special report forms and report ing formats (templates) required for operation of the program . D. Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate documentation subm itted by the Subgrantee. E. Independently, or in conjunction with DHS, conduct random on-site reviews with Subgrantee(s). F. Subgrantor and Subgrantee FY08 HSGP-CCP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCl 15.231 et seq. However, section 13(1)(u) and (y), MCl 15.243(1)(u) and (y) of the FOIA permits the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes , keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private . including , but not limited to. building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act....emergency response plans. risk planning documents.threat assessments,and domestic preparedness strategies.unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program . or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical to national security interests . This may include threat, risk, and needs assessment information; and discussions of demographics. transportation, public works, and industrial and public health infrastructures. Therefore, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis . Commissioners Minutes Continued. January 20, 2010 545 2008 Citizen Corps Grant Agreement County of Oakland Page 6 of 9 VII. Payment and Reporting Procedures The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it at a minimum at the end of each quarter (or more frequently, as needed) if there are eligible expenses to be reimbursed. See below quarterly report schedule for due dates. Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. THE QUARTERS ARE AS FOLLOWS: 1S1 Quarter: October 1,2009 to December 31, 2009 2nd Quarter: January 1, 2010 to March 31, 2010 3'd Quarter: April 1, 2010 to June 30, 2010 4th Quarter: July 1, 2010 to September 30, 2010 DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS: 1st Quarter: January 31, 2010 2nd Quarter: April 30, 2010 3'd Quarter: July 31, 2010 4th Quarter: October 31, 2010 Reporting Requirements The reporting requirements are designed to provide the EMHSD with sufficient information to monitor project implementation and ensure proper use of federal funds . Accounting systems must allocate costs to the project activities. Expenditures must be summarized, correspond with the project budget detail , scope of the project, or work plan attached to the award, and be supported with source documentation, as appropriate. Subgrantees are required to submit Quarterly Progress Reports by Project and suppo rting documentation for expenditures in accordance with their project budget detail and project scope of work . Progress repor ts compare actual expenditures to the project budget detail for the reporting period . Any significant cost deviations from the approved budget detail and subsequent impact on the project, etc. shall be reported in the Narrative Progress Report. The Quarterly Progress Report must support the expenditures and financial activ ity in financial progress reports and reimbursement requests . The information on this form will be used by the Subgrantor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with 2 CFR , Part 215 (OMB Circular A-110);2 CFR, Part 220 (OMB Circular A-21 );2 CFR, Part 225 (OMB Circular A-8?);and 2 CFR ,Part 230 (OMB Circular 122). This information will also be used to monitor compliance with OMB Circulars A-102 and A­ 133, and with the U.S. Dept. of Homeland Security/Office of Grant Operations Finan cial Guide, to ensure proper use of federal funds. Quarterly Progress Reports are required whether or not expenditures are incurred. Subgrantees failure to fulfill the quarterly reporting requirements,as requ ired by the grant,may result in the suspension of grant activities until reports are received . Commissioners Minutes Continued. January 20, 2010 546 2008 Citizen Corps Grant Agreement County of Oakland Page 7 of 9 Reimbursement requests and Quarterly Progress Reports should be mailed to the Michigan State Police, Emergency Management and Homeland Security Division, 4000 Collins Road, Lansing MI 48910, unless the Subgrantee is otherwise notified by the Subgrantor. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Employment Matters Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-larsen Civil Rights Act, 1976 PA 453, as amended, MCl 37.2101 et seq ., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCl 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment; or any matter directly or indirectly related to employment because of his or her race, religion,color, national origin, age, sex,height,weight,marital status ,limited English proficiency,or hand icap that is unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to include in every subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement. The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subqrantee on this Project appears in the register compiled by the Michigan Department of labor and Economic Growth, Bureau of Commercial Services,Licensing and Enforcement Divisions,pursuant to 1980 PA 278,as amended, MCl 423.321 et seq. (State Contractors with Certain Employers Prohibited Act), or on the Federal excluded party list system database located at www.epls.gov. IX. Limitation of Liability Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. X. Third Parties This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. XI. Grant Agreement Period This Grant Agreement is in full force and effect from September 1, 2008 through May 31, 2011 . No costs eligible under this Grant Agreement shall be incurred before the start ing date of this Grant Agreement except with prior written approval. This Grant Agreement consists of two identical sets simultaneously executed; each is considered an original having identical legal effect. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date , or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and Subgrantee shall have no further obligation to make payments. Commissioners Minutes Continued. January 20, 2010 547 2008 Citizen Corps Grant Agreement County of Oakland Page 8 of9 XII. Entire Grant Agreement This Grant Agreement is governed by the laws of the state of Mich igan and supersedes all prior agreements, documents, and representations between Subgrantor and Subgrantee, whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the term ination date set forth in Section XI above. No party to this Grant Agreement may ass ign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates ,budget, or services indicated in this Grant Agreement,as well as changes of address or personnel affecting this Grant Agreement. Changes in dates , budget, or services are subject to prior written approval of Subqrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid . The State may suspend or terminate subgrant funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failure to comply with the requirements or statutory objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failure to follow grant agreement requirements or special conditions. • Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding . • Failure to submit required reports. • Filing of a false certification in the application or other report or document. • Failure to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV. Business Integrity Clause The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity. XIV. Freedom of Information Act (FOIA) DHS recognizes that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important to national secur ity interests. This may include threat, risk,and needs assessment information, and discuss ions of demographics,transportation,public works ,and industrial and public health infrastructures. While this information, under Federal control , is subject to requests made pursuant to the Freedom of Information Act (FOIA),5.U.S.C. §552 ,all determinations concerning the release of information of this nature are made on a case-by-case basis by the DHS FOIA Office, and may likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The appl icant may also consult G&T regarding concerns or questions about the release of information under State and local laws. The grantee should be familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1520), as these designations may provide addit ional protection to certain classes of homeland security information. Commissioners Minutes Continued. January 20, 2010 548 2008 Citizen Corps Grant Agreement County of Oakland Page 9 of 9 XV. Official Certification For the Subgrantee. The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is authorized to sign this Grant Agreement on behalf of the jurisdiction he or she represents. County of Oakland Name of Jurisdiction Printed Name Title Signature Date For the Subgran or (Michigan State Police -Emergency Management and Homeland Security Division) Deputy State Director of Emergency Capt. W. Thomas Sands Management and Homeland Security Printed Name Title ;I/~-~igna ture