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HomeMy WebLinkAboutMINUTES - 07271993 - 1.46 TO: BOARD OF SUPERVISORS �j • FROM. Mark Finucane, Health Services Director �V Contra By: Elizabeth A. Spooner, Contracts Administrator Costa DATE: July 14, 1993 00 County SUBJECT: Approval of Novation Contract #24-590-4 with Lawrence Cohen, M.D. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the County, Novation Contract #24-590-4 with Lawrence Cohen, M.D. , in the amount of $48,060, for the period from July 1, 1993 through June 30, 1994, for psychiatric care and treatment for adolescents placed by County at CPC Walnut Creek Hospital, or other authorized hospital facility, (acute placement alternatives) to avoid placement of minors with adults in County's psychiatric facilities at Merrithew Memorial Hospital. This contract includes an automatic six-month extension through December 31, 1994, in the amount of $24,030. II. FINANCIAL IMPACT: This Medical Specialist Contract must be financed with County funds as an emergency measure to avoid the placement of minors with adults in County psychiatric facilities at Merrithew Memorial Hospital, in accordance with the Board's Order of February 14, 1989. Funding for this contract has been included in the budget for the Mental Health Division of the Health Services Department. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Lawrence Cohen, M.D. provides psychiatric evaluation and treatment of up to four minors at a time, hospitalized by County at CPC Walnut Creek Hospital, in lieu of placing minors in Merrithew Memorial Hospital's I and J Wards, in accordance with the Board's Order of February 14, 1989. Novation Contract #24-590-4 replaces the six-month automatic extension included under the prior agreement. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF BOARD 60MMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: /3, Ya S NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: a AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Lorna Bastian (313-6411) CC: Health Services (Contracts) ATTESTED 3 Risk Management Phil 84hebr,derk of t e Board of Auditor-Controller Suvervisors and County Admiristrator Contractor M382/7-83 BY DEPUTY Contra Costa County 4 6 Number 24-590-4 MENTAL HEALTH SPECIALIST CONTRACT Fund/Org # 5952 (Novation) 1. Contract Identification. Department: Health Services (Mental Health) Subject: Provision of services in Contractor's medical specialty(ies) 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: LAWRENCE COHEN, M.D. Medical License # A042749 Capacity: Self-employed individual Taxpayer ID# 94-3061493 Medical Specialty: Child Psychiatry Address: 33 Quail Court, Suite 103, Walnut Creek, California 94596 3. Term. The effective date of this Contract is July 1. 1993 and it terminates June 30. 1994 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $48.060. 5. Termination. Should Contractor fail to perform properly any of its obligations hereunder, County may terminate this Contract upon written notice to Contractor. This Contract may also be terminated by either party without cause by giving thirty (30) days advance written notice thereof to the other, or may be canceled immediately by written mutual consent. 6. County's Obligations. County shall make to the Contractor those payments described in Paragraph 2. (Payment) of the attached Additional Provisions which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work described in Paragraph 3. (Contractors Obligations) of the attached Additional Provisions. 8. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. In providing services hereunder, Contractor shall work cooperatively with County's Mental Health Director or his/her designee. 9. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee. b. Amendment to Attachment A (Schedule) . Attachment A (Schedule) of this Contract may be modified or amended by a written document executed by the Contractor and the Health Services Director or his designee. 10. Insurance and Indemnification. Throughout the term of this Contract, Contractor shall maintain all necessary insurance for services to be provided by Contractor hereunder, including but not limited to professional malpractice liability coverage. Malpractice liability insurance shall be in an amount no less than $1,000,000 per claim/$3,000,000 annual aggregate and shall be from a reputable insurance company acceptable to the County. -1- Contra Costa County MENTAL HEALTH SPECIALIST CONTRACT Number: 24-590-4 Contractor shall provide the County with a valid certificate of insurance evidencing the coverage required by this clause and shall promptly advise County of any and all claims paid by the insurer(s) under said insurance. If a claim is made against County, or its officers, agents, or employees, which arises out of the performance of Contractor's duties under this agreement and Contractor has failed to maintain the insurance policies required under this agreement which would have covered Contractor had the claim been made against him or her, then as to such claims, Contractor shall indemnify and hold the County, and its officers, agents, or employees harmless for that portion of the loss or liability attributable to Contractor. 11. Assignment. Contractor shall not assign or transfer any interest hereunder without the express written permission of the Director of County's Health Services Department and prior written approval of the State Department of Mental Health. 12. Legal Authority. This Contract is entered into under and is subject to the following legal authorities: California Government Code Sections 26227 and 31000; Welfare and Institutions Code, Section 5600 et seq.. (The Bronzan - McCorcodale Act) . 13. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By By X Designee Dated: ! T- Recommen ed by Department By Approved: County Administrator By 6L :z- ADDITIONAL PROVISIONS Number 24-590-3 1. Novation. The parties having entered into a prior Contract #24-590-3 for the period from October 1, 1992 through June 30, 1993 (which contained provision for an automatic six- month contract extension for the period from July 1, 1993 through December 31, 1993) , County and Contractor hereby agree to substitute this Contract #24-590-4 for the aforesaid six-month automatic contract extension. Effective July 1, 1993, all contract rights and obligations of the parties will be governed by this Contract #24-590-4. 2. Payment. In consideration of Contractor's provision of services as described below, County shall pay Contractor, upon submission of a properly documented demand for payment in the form and manner prescribed by County (Demand Form D-15) , and upon approval of such demand by the head of the County Department for which this Contract is made, or his designee, in accordance with the following fee schedule, subject to Paragraph 4. (Charges and Financial Intent) set forth below: a. Payment Rate. (1) $60.00 per patient, per day that treatment services were rendered, NOT TO EXCEED a total of 741 patient days; and (2) $60.00 per hour for the provision of consultation services to County employees at meetings authorized by County's Acting Mental Health Director, or one of her designees (Joseph Hartog, M.D. , or Ruth Ormsby, L.C.S.W. ) , NOT TO EXCEED a total of 60 hours of such consultation services. (County shall NOT pay for travel time.) b. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $48,060. 3. Contractor's Obligations. a. Schedule. Contractor shall provide professional child psychiatry procedures and services (including emergency and on-call coverage) for County patients at certain times and locations specified by the Director of County's Health Services Department or his designee as stated in Attachment "A" (Schedule) which is incorporated herein by reference. Amendment to the provisions in Attachment "A" may be make in writing by mutual consent of the Contractor and the Health Services Director or his designee as set forth in Paragraph 8. (Modifications and Amendments) of the signature page of this Contract. b. Oualifications. Contractor hereby certifies and assures that he/she is specially trained, experienced, competent, and licensed to perform special professional services, including medical procedures and consultation and training in medical and therapeutic matters. Contractor hereby further certifies that he/she is a member of the medical staff of CPC Walnut Creek Hospital (or other hospital facility as may be authorized by County for use under this Contract) . C. Vacation Coverage. Contractor shall notify the County's Acting Mental Health Director, or her designee, two weeks in advance of any vacation. At the time of this notification, Contractor shall provide to County's Acting Mental Health Director, or her Initials: LZ� 1 ontractor County Dept. ADDITIONAL PROVISIONS Number 24-590-3 designee, the names, addresses, and phone numbers of two physicians qualified to perform specialty services as provided hereunder by Contractor. Prior to supplying said names to County, Contractor shall have talked with these qualified physicians and determined their willingness to provide coverage during Contractor's vacation. d. Patient Records. Contractor will complete his/her patients- records and charts on a timely basis. 4. Charges and Financial Intent. County shall only pay Contractor for the care of patients who have been referred to Contractor by County, for whom Contractor has received an oral treatment authorization from County's Acting Mental Health Director, or her designee, Ruth Ormsby, L.C.S.W. , Joseph Hartog, M.D. , or County's E Ward/Crisis Screening Unit staff and for whom said E Ward Unit has a written record of the treatment authorization in their Patient Disposition Log or patient chart. If Contractor receives payment from an outside payment source for a patient care day which has been, or is thereafter, paid for by the County, Contractor shall refund any such excess payment to County. Contractor shall not be required to bill Medi-Cal. 5. Ordering Diagnostic and/or Treatment Services. Contractor shall not order for patients any diagnostic or treatment services that will result in a cost to County over and above Contractor's payment for services under this contract or over and above the cost of services provided as a result of any agreement between County and CPC Walnut Creek Hospital or between County and any other facility or provider. Contractor shall notify County's Acting Mental Health Director or one of her two designees, .Joseph Hartog, M.D. and Ruth Ormsby, L.C.S.W. , of the need for any services which require ark additional expenditure by County. Examples of diagnostic and/or treatment services for which Contractor must request authorization from County's Acting Mental Health Director, or her designees named above, include, but are not limited to, the following: - Computerized Axial Tomography - Psychological Tests - Photon Emission Tomography - Neuropsychological Tests - Electroencephalography - Clinical Laboratory Tests County's Acting Mental Health Director, or her designee, may authorize such diagnostic and/or treatment services for patients who are referred to Contractor under this Contract and if authorized, said diagnostic and/or treatment services shall then be rendered by County. 6. Compliance with Law. Contractor shall be: subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to licensing, employment and purchasing practices, and wages, hours and conditions of employment, including discrimination. 7. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. Initials: :2 Contractor County Dept. ADDITIONAL PROVISIONS Number 24-590-3 8. Confidentiality. Contractor agrees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records or services provided them and assures that: a. All records concerning any individual made or kept by Contractor relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose any list of persons receiving services, except as may be required in the administration of such service. 9. Access to Books and Records of Contractor. Pursuant to Section 1861 (v) (1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of the Contractor that are necessary to certify the nature and extent of all costs and charges for services provided to patients under this Contract. 10. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 11. Professional Performance/Credentials Review Authorization. Contractor hereby authorizes and grants permission to the Medical Director and/or Credentials Committee of CPC Walnut Creek Hospital [or of such other hospital facility as maybe authorized, as specified in Paragraph 2. (Treatment Sites) of Attachment "A" (Schedule) for use under this Contract] to discuss with, or to otherwise release to County's Health Officer (William Walker, M.D. ) and to County's Acting Mental Health Director, or her designee, any information regarding Contractor's professional performance or conduct or standing in the medical staff organization of said hospital. 12. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract, Unless this Contract is terminated by either party pursuant to Paragraph 4. (Termination) prior to June 30, 1994, the term of this Contract shall be automatically extended from June 30, 1994 through December 31, 1994. During its extended term, this Contract is nevertheless subject to all the terms and conditions applicable during its initial term, including but not limited to Paragraph 5. (Termination) , except as to payment for services rendered during the extended term. The purpose of this automatic six-month extension is to allow for continuation of services as specified in this Contract, to avoid interruption of payment to Contractor, and to allow County time in which to complete a novation or renewal contract for County and County Board of Supervisors approval. As to any such six-month extension: a. The Contract Payment Limit, specified in Paragraph l.b. (Payment Limit) of these Additional Provisions, is increased by $24.030 (the six-month payment limit) and County's total payments to Contractor for said six-month extension shall not exceed this six- month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. Initials ?� 3 Contractor County Dept. ADDITIONAI, PROVISIONS Number 24-590-3 b. Contractor shall continue to provide services as set forth in Additional Provisions Paragraph 3. (Contractor's Obligations) above, subject to any amendments thereto. C. This six-month contract extension shall be subject to any further agreement (novation) which Contractor and County may enter into covering the provision of services during the contract period immediately following the contract period specified in Paragraph 3. (Term) . 13. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. Initials•. 4 Contractor County Dept. ATTACHMENT A Contract Number: 24-590-4 Contractor: Lawrence Cohen, M.D. Contractor shall provide treatment services (including emergency and on-call coverage.) for County-referred patients (mentally disturbed minors) for whom Contractor has received an oral treatment authorization from County's Acting Mental Health Director, Ruth Ormsby, L.C.S.W. , Joseph Hartog, M.D. , or County's E Ward/Crisis Screening Unit staff, as specified in Additional Provisions Paragraph 4. (Charges and Financial Intent) in accordance with the following schedule: 1. Frequency of Patient Treatment Visits. Contractor shall visit each patient and provide treatment at least once per day, seven days per week, or as required by each patient's Treatment Plan. 2. Treatment Sites. Treatment services shall be provided at: a. CPC Walnut Creek Hospital in Walnut Creek, California, or b. Any other hospital facility to which County admits a patient for whom County directs Contractor to provide treatment services. 3. Duration of Treatment Service. Each patient shall receive treatment for that period of time required by that patient's Treatment Plan. 4. Number of Patients. Contractor shall treat up to an average of two (2) patients per day and up to four (4) patients at any one time. 5. Transfer Agreement. Contractor shall provide services hereunder at CPC Walnut Creek Hospital, pursuant to Paragraph 3. (County's Obligations) , Item (D) of the "Transfer Agreement" between the County and CPC Walnut Creek Hospital, approved by the Contra Costa County Board of Supervisors on February 1, 1983, which reads as follows: "County shall: (D) Provide medical and psychiatric services and supervision, through County Employees, County Psychiatrists, and Contractors admitted to Hospital's Medical Staff, to patients placed in the hospital who are lawful residents of Contra Costa County and who do not have and cannot afford a private treating physician." Initials: / Co ractor County Dept.