HomeMy WebLinkAboutMINUTES - 07191994 - 1.37 To: BOARD OF SUPERVISORS Contra
FROM: Mark Finucane, Health Services Director lei
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: July 6, 1994 QO County
SUBJECT: Approval of Twenty-nine Medical Specialist Contracts
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director or his designee
(Frank Puglisi, Jr. ) to execute on behalf of the County, twenty-nine
Medical Specialist Contracts, as specified in the attached "Medical
Specialist Contract Addendum" , effective July 1, 1994 through June
30, 1995, for the provision of professional medical or dental services
to patients at Merrithew Memorial Hospital and Clinics.
II. FINANCIAL IMPACT:
Cost to the County depends upon utilization. As appropriate, patients
and/or third party payers will be billed for services.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
For a number of years the County has contracted with Medical and
Dental Specialists to provide for patients, specialized professional
services which are not otherwise available in its hospital and
clinics.
Approval of the Contracts listed on the Addendum will allow these
Medical/Dental Specialists to continue providing their services
through Fiscal Year 1994-95.
CONTINUED ON ATTACHMENT: YES SIGNATURE: ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEAT ON OF BOARD OMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON SAW tf APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
O
Contact: Frank Puglisi (370-5100) F SUPERVISORS ON THE DATE SHOWN.
CC: Health Services (Contracts) ATTESTED
Risk Management Phil 83 elm, A of the 03rd of
Auditor-Controller Suoervis rsand cuntyAdministrator
Contractor (fin
M382/7-93 BY . ��(,dl D �, _ DEPUTY
MEDICAL SPECIALIST CONTRACT ADDENDUM
Fiscal Year 1994-95
1. 26-808-15 William H. Jervis, M.D. Specialty: Plastic Surgery
a. $42.80 per hour for consultation and training, and
b. For surgery, sixty-seven percent l67%) of the fee
stated in the official fee schedule approved by the
Division of Industrial Accidents, State of California,
in effect on the date of surgery.
2 . 26-811-18 Stephen Murphy, M.D. Specialty: Plastic Surgery
a. $63.00 per hour for consultation and training, and
b. For surgery, sixty-seven percent (67%) of the fee
stated in the official fee schedule approved by the
Division of Industrial Accidents, State of California,
in effect on the date of surgery.
3 . 26-817-18 James Rosin, M.D. Specialty: Nephrology
42.80 per hour for the provision of consultation,
training services, and/or medical procedures.
4. 26-823-18 Walter S. Stullman, M.D. Specialty: Cardiology
$250. 00 per session, defined as the provision of
consultation and/or training services and/or the
performance of medical procedures during any single
continuous appearance at Merrithew Memorial Hospital.
5. 26-824-18 Hunter O. Cutting, M.D. Specialty: Hematology
$225. 00 per session, defined as the provision of
consultation and/or training services and/or the
performance of medical procedures during any single
continuous appearance at Merrithew Memorial Hospital.
6. 26-834-14 Respiratory Medical Group Specialty: Internal Medicine
a. $42 .80 per hour for consultation, training, and/or
medical procedures, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
1
MEDICAL SPECIALIST CONTRACT ADDENDUM
Fiscal Year 1994-95
7. 26-835-14 Burton H. Baker, M.D. Specialty: Vascular/Gen
Surgery
a. $42.80 per hour for consultation, training, and/or
medical procedures, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
8 . 26-847-13 Michael S. Baker, M.D. Specialty: Thoracic/Gen
Surgery
a. $63.00 per hour for consultation and training,
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery, and
C. $1, 000 per month for on-call coverage.
9. 26-856-13 Diablo Pulmonary Med Group Specialty: Internal Med/
Pulmonary Disease
a. $63.00 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
10. 26-865-10 Charles Youngquist, M.D. Specialty: otolaryngology
a. $42 .80 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
11. 26-866-10 Mark Silvert, M.D. Specialty: Urology
a. $63. 00 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
2
MEDICAL SPECIALIST CONTRACT ADDENDUM
Fiscal Year 1994-95
12 . 26-868-8 Charles Demitz, M.D. Specialty: Anesthesiology
a. $42.80 per hour for consultation, training, and/or
outpatient clinic activities,
b. $27. 00 per RVS Unit for each medical procedure, and
C. For on-call services, as defined below:
(1) 500 per weekend on-call duty period;
(2) 150 per holiday on-call duty period;
(3) 50 per weekday evening on-call duty period;
(4) 100 per weekday on-call duty period.
13 . 26-875-9 Paul Kwok, D.O. Specialty: Anesthesiology
a. $42 .80 per hour for consultation, training, and/or
outpatient clinic activities,
b. $27.00 per RVS Unit for each medical procedure, and
C. For on-call services, as defined below:
(1) 500 per weekend on-call duty period;
(2) 150 per holiday on-call duty period;
(3) 50 per weekday evening on-call duty period;
(4) 100 per weekday on-call .duty period.
14 . 26-881-5 Craig Nielsen, M.D. Specialty: Anesthesiology
a. $42 .80 per hour for consultation, training, and/or
outpatient clinic activities,
b. $27. 00 per RVS Unit for each medical procedure, and
C. For on-call services, as defined below:
(1) 500 per weekend on-call duty period;
(2) 150 per holiday on-call duty period;
(3) 50 per weekday evening on-call duty period;
(4) 100 per weekday on-call duty period.
15. 26-883-4 Rodney Chan, DPM Specialty: Podiatry
a. $63. 00 per hour for consultation, training, and/or
medical procedures, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
16. 26-885-5 John Kofoed, M.D. Specialty: Orthopedics
a. $63. 00 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
3
MEDICAL SPECIALIST CONTRACT ADDENDUM
Fiscal Year 1994-95
17 . 26-887-4 Colleen Kenney, DPM Specialty: Podiatry
a. $63.00 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
18 . 26-888-5 Contra Costa Cardiology Specialty: Cardiology
Medical Group
a. $42.80 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
19 . 26-889-4 Paul Nottingham, M.D. Specialty: Orthopedic
a. $42.80 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
20. 26-890-5 John Roark, M.D. Specialty: Gastroenterology
a. 800 per week for on-call coverage, including any
procedures performed when Contractor is on-call,
b. 800 per four-hour clinic session, and
C. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
21. 26-893-3 Robert Lindsay, M.D. Specialty: Anesthesiology
a. $42.80 per hour for consultation, training, and/or
outpatient clinic activities,
b. $27.00 per RVS Unit for each medical procedure, and
C. For on-call services, as defined below:
(1) 500 per weekend on-call duty period;
(2) 150 per holiday on-call duty period;
(3) 50 per weekday evening on-call duty period;
(4) 100 per weekday on-call duty period.
4
MEDICAL SPECIALIST CONTRACT ADDENDUM
Fiscal Year 1994-95
22 . 26-894-3 Mark Vukalcic, M.D. Specialty: Anesthesiology
a. $42.80 per hour for consultation, training, and/or
outpatient clinic activities,
b. $27.00 per RVS Unit for each medical procedure, and
C. For on-call services, as defined below:
(1) 500 per weekend on-call duty period;
(2) 150 per holiday on-call duty period;
(3) 50 per weekday evening on-call duty period;
(4) 100 per weekday on-call duty period.
23 . 26-896-2 Diablo Cardiothoracic Specialty: Cardio and
Surgery Medical Group Thoracic Surgery
a. $42 .80 per hour for consultation and training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
24 . 26-898-2 Timothy J. Marten, M.D. Specialty: Plastic Surgery
a. $63.00 per hour for consultation, training, and/or
medical procedures, and
b. For surgery, sixty-seven percent (67%) of the fee
stated in the official fee schedule approved by the
Division of Industrial Accidents, State of California,
in effect on the date of surgery.
25. 26-902-3 James Stanton, M.D. Specialty: Urology
a. $63. 00 per hour for consultation and training, and
b. For surgery, fifty percent (500) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery.
26. 26-905-4 Howard Sturtz, M.D. Specialty: Orthopedics
$8,388 per month for orthopedic services as defined by
the Chief of Surgery and Chief of the Division of
Orthopedics, including clinic coverage, surgery, on
call, orthopedic consultations, and teaching not to
exceed a total Payment Limit of $100, 656.
5
MEDICAL SPECIALIST CONTRACT ADDENDUM
Fiscal Year 1994-95
27. 26-906-2 Allan Tobias, M.D. Specialty: Urology
a. $63.00 per hour for clinic coverage, consultation, and
training, and
b. For surgery, fifty percent (50%) of the fee stated in
the official fee schedule approved by the Division of
Industrial Accidents, State of California, in effect on
the date of surgery as per 1993 CPT code.
28 . 26-908-2 Giles Floyd, M.D. Specialty: Orthopedics
50.00 per hour for the provision of consultation and
medical procedures at the Richmond Health Center.
29. 26-911-3 Thomas Hargrave, M.D. Specialty: Gastroenterology
a. $6, 600 per month for provision of professional
gastroenterology services, not to exceed a total of
$79,200 during the term of this Contract, and
b. In addition, as requested by County, Contractor will
provide clinic coverage for certain physicians during
vacations and 'other absences, and County will pay
Contractor for such coverage at the rate of $800. 00 per
four-hour clinic session.
6
103
Contra--Costa County Number:
Standard Form MEDICAL SPECIALIST CONTRACT Fund/Org # 6500
Account #
1. Contract Identification.
Department: Health Services (Hospital and Clinic Division)
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: Medical License #
Capacity: A Partnership Taxpayer ID# 94-2784576
Medical Specialty: Internal Medicine/Pulmonary Dis ase
Address: 2222 East Street, Suite 300, Concord, alifo is 94520
3. Term. The effective date of this Contract is J 1 19 4 and it terminates
June 30, 1995 unless sooner terminated as provid her n.
4. Termination. Should Contractor fail to perform roperly any of its obligations
hereunder, County may terminate on act upon ritten notice to Contractor. This
Contract may also be terminat by e the party ithout cause by giving thirty (30)
days advance written notice th reof the t r, or may be cancelled immediately by
written mutual consent.
5. County's Obligations. Coshall ma' to the Contractor those payments described in
Paragraph 1. (Payment) of eattached Additional Provisions which are incorporated
herein by reference '
6. Contractor's Obli ati s. Contractor shall provide those services and carry out that
work described in Para ph 2. (Contractors Obligations) of the attached Additional
Provisions.
7. Independent Co tractor tatus. This Contract is by and between two independent
cont ctors an is not intended to and shall not be construed to create the
re tionship of Agent, servant, employee, partnership, joint venture, or association.
8. odif' on and Amendments.
a. Genera Amendments. This Contract may be modified or amended by a written
do ent executed .by the Contractor and the Contra Costa County Board of
Supervisors or, after Board approval, by its designee.
b. Amendment to Attachment B (Schedule) . Attachment B (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.
9. 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. The Contractor's insurance carrier shall be the primary coverage. The County
will cover those areas, to the extent not covered by the Contractor's carrier, such as
administration and teaching responsibilities. 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.
-1-
Contra Costa County MEDICAL SPECIALIST CONTRACT
Number: 26-856-13
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.
10. 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 Health Services.
11. Legal Authority. This Contract is entered into under and is subject to the following
legal authorities: California Government Code Sections 26227 and 31000; Health and
Safety Code Section 1451, and all legal authorities cited in the attached Prepaid
Health Plan Subcontract Requirements, Attachment A.
12. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By By
Designee
Recommended by: Department Dated:
By
(Form approved by County Counsel)
-2-
ADDITIONAL PROVISIONS
Number: 26-856-13
1. 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:
a. $63.00 per hour for consultation and training; and
b. For surgery, fifty percent (50%) of the fee stated in the official fee schedule
approved by the Division of Industrial Accidents, State of California, in effect
on the date of surgery.
2. Contractor's Obligations.
a. Qualifications and Schedule. 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 shall render such special professional
services in his/her medical specialty(ies) 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 "B" to this Contract, which is incorporated herein by
reference. Amendment of the provisions in Attachment "B" may be made 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. Vacation CoverajZe. Contractor shall notify the Health Services Director, or his
designee, two :weeks in .advance of any vacation. At the time of this notification,
Contractor shall provide'to the Health Services Director, or his 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 at Merrithew Memorial Hospital during Contractor's
vacation.
C. Training of Residents. Contractor agrees to provide teaching and supervision of
residents, as requested by the Health Services Director or his designee. This will be
paid at the consultation and training services rate, specified in Paragraph 1 (Payment)
above.
d. Patient Records. Contractor will complete his/her patients' records and charts
on a timely basis. County may withhold payment, recommend suspension or revocation of
hospital privileges, and/or terminate this Contract for failure to comply with this
contract provision.
e. Rules and Regulations. Contractor agrees to abide by all rules, regulations,
procedures and bylaws for the operation of the County's Health Services Department
which he/she certifies he/she has read. Contractor also agrees to abide by the rules
and regulations of the working unit in which he/she works as well as all legal
requirements and Joint Commission on Accreditation of Hospitals (JCAH) standards.
Initials:
Contractor County Dept.
-1-
ADDITIONAL PROVISIONS
Number: 26-856-13
f. Contra Costa Health Plan Subcontract Requirements. Contractor shall be subject
to the attached Contra Costa Health Plan Subcontract Requirements (Attachment A) which
are incorporated herein by reference.
3. Access to Books and Records of Contractor. Subcontractor. 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 Contractor that are necessary to certify the nature and
extent of all costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract
with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall
contain a clause to the effect that upon written request and until the expiration of four
years after the furnishing of services pursuant to such subcontract, the subcontractor shall
make available, to the Secretary or to the Comptroller General, or any of their duly
authorized representatives, the subcontract and books, documents, and records of the
subcontractor that are necessary to verify the nature and extent of all costs and charges
hereunder.
4. 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:
Contractor County Dept.
-2-
ATTACMIE1VT A
CON'^P..A COSTA HEALT3 PLAN SUBCONTRACT REOUTREMENTS
Number: 26-856-13
Pursuant to Stata Department of Health/County Cont=act #88-94695 (County #29-609-35) ,
effective January 1, 1989 , (or the latest revision) Article X, Subcontracts; requirements of
the ';a:tman-Duffy Prepaid Health Plan Act, (1972) and Knox-Keene Health Care Service Plan :pct
of 1975; Federal Regulations: 42 CFR 431.504; State Law: U&I Code, Section J"-552; Stata
Regulations: Title 22, CAC, Section 53250, the following subcontract requireaents are
incorporated into the contract referenced by number above:
1. Contractor shall be subject to and comply :rich all Federal, State, and local laws
and regulations and contractual obligations incumbent upon the County under County Contract
#29-609-35 and any subsequent amendment thereto.
2. A Contractor providing any basic health care service to Contra Costa Health Plan
members (Plan members) scall meet all of the requirements of Chapters 3 and 4, Subdivision
1, Division 3 , Title 22, C.A.C. (commencing with Section 51001) which relate to the services
the Contractor provides . This specifically includes the requirements of Title 22, C.A.C.
Section 532150(e) , a copy of which is attached hereto and incorporated herein by reference as
E--.hibit A.
3. Contracts shall be public records on file with the State Department of Health
Services. The names of the of`icers and owners of the Contractor, stockholders owmaing more
than can percent of the st�ck issued by the Contractor, and major creditors holding =ore Chan
five percent of the debt of the Contractor are:
Owners/Officers:
Stockholders owning more than 10% of stock:
Creditors holdinz more than 5% of debt:
4. County and Contractor agree that Contractors compensation hereunder shall not be
based in any way on a percentage of the County's compensation from the Stata Department of
Health Services; this agreement does not preclude the establishment of Cont=actor's rate
based on capitation payments pursuant to Welfare and Institutions Code Section 14453.
5. Contractor agrees to submit reports or abstJ.acts of treatment records in relation
to Plan members, as appropriate and required by County. .
6. Contractor will allow inspection, examination, or copying of financial books and
records relating to Plan members or Plan services by the County, the State Depart3ent of
Health Services, the 'State Department of Corporations, the U.S. Department Health and Human
Services, or their duly authorized representatives. Such books and records shall be made
available at all reasonable times at the Contractor's place of business; in a form maintained
in accordance with general standards, for a term of at least five years from the close of
State's fiscal year in which this Contract is in effect.
Initials:
Contractor County Dept.
-1-
AT"ACHENT A
CONT?,A COSTA HEALT'ci PLAN SUBCONT"ACT REQUIREMENTS
7. Contractor shall not make assignment and/or delegation of this Contract unless
it has obtained prior written approval of the other party, the County, and State Depar-menc
of Health Services.
8. Contractor will hold harmless both the State and Plan members in the event t::e
County cannot or will not pay for services performed for Plan members pursuar-t to this
Contract.
9. Contractor will notify the Department of Health Services and Commissioner of
Corporations in the event this Contract is amended or terminacad. Notice is considered given
when deposizzad in the U.S. Registered :sail, first class postage prepaid, addressed as
follows:
Organized Health Ser7i.ces HHO Unit Depa.;.c ent of Corporations
Departaent of Health Ser rices 600 South Commonwealth
714 P Street Los Angeles, California 90005
Sacramento, California 95814
10. Nondiscrim?Tation Reguiremen-s.
a. Nond--sc-_mination Clause (OCP-1) .
(1) During the per-formance of this Contract, Contractor and its
subcontractors shall not unlawfully discriminate against any employee or applicant for
employment because. of race, religion, color, national origin, ancestry, physical handicap,
medical condylion, marital status, age (over 40) or sex. Contractor and subconcrac-=rs shall
insure that the evaluation and treatment of their employees and applicants for employment are
free from such discrimination. Contractors and subcontractors shall comply with the
provisions, of the Fair Employment and Housing Act (Government Code, Section 12900 et seq. )
and the applicable regulations promulgated thereunder (Califor.-da Code of Regulations, Title
2, Section 7285.0 et sec. ) . The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division
4 of. Title 2 of the California Code of Regulations are incorporated into this Contract by
reference and made a part hereof as if set forth in full. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
(2) This Contractor shall include the nondiscrimination and compliance
provisions of this clause in all subcontracts to perform work under this Contract.
b. ' Nondiscriminatot-7 Seri ces. The Contractor will not discriminate against
Contra Costa Health Plan members or eligible beneficiaries because of race, color, creed,
religion, ancestry, marital status, sexual orientation, national origin, age, sex, or
physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42
USC Section 2000d rules and regulations promulgated pursuant thereto, or as otherwise
provided by law or regulation.
Initials:
Contractor County Depc.
-2-
=ACHIENT A
CONTZA COSTA HEALT's PIAN STMCO=-ACT REOT RE'_*=NTS
C. Discrimination Camylaints. The Contractor agrees that copies of all
grievances alleging discrimination against Contra Costa Health Plan members or eligible
beneficiaries because of race, color, creed, sex, religion, age, national origin, ancestrI,
marital stacuz, sexual orientation, or physical or mental handicap shall be forwarded to the
Health Services Director for review and appropriate action.
11. Confidentialit-r. Contrac=or agrees to comply with all applicable State or
Federal statutes or regulations respecting confidentiality, including but not 1imi=ad to, the
identic-
y of persons ser-.red 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 t::is Contact will be confidential, and will not be open to
examination for any pu=ose not directly connected wi--.h the administration of suc^ 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.
Initials:
Contractor County Dept.
-3-
E=IBIT A
TITLE 22 MEDICAL ASSISTANCE PROGRAM Section 53250
(Register 82 . No. 39--5-25-82 (p, 1300 .39)
(e) Each subcontract shall contain:
(1) The subcontractor's agreement to make all of its books and records,
pertaining to the goods and services furnished under the terms of the
subcontract, available for inspection, examination or copying:
(A) By the Department, the United States Department of Health and Human
Services and the Department of Corporations .
(B) nt all reasonable times at the subcontractor' s place of business,
or at such other mutually agreeable location in California.
(C) In a form maintained in accordance with the general standards
applicable to such book or record keeping.
(D) For a term of at least five years from the close of the fiscal year
in which the subcontract was in ej=ect.
(2) Full disclosure of the method and amount of compensation or other
consideration to be received by the subcontractor from the plan.
(3) Subcontractor's agreement to maintain and make available to the
Department, upon request, copies of all sub-subcontracts and to ens=e that
all sub-subcontracts are in writing and require that the subcontractor:
(A) make all applicable books and records available at all reasonable
times for inspection, examination or copying by the Department.
(B) Retain such books and records for a term of at least five years
from the close of the fiscal year in which the sub-subcontractor is in
effect.
(4) Subcontractor's agreement to notify the Department in the event the
agreement with the Contractor is amended or terminated. Notice to the
Department is considered given when properly addressed and deposited in the
United States Postal Service as first-class registered mail, postage
attached.
(5) Subcontractor's agreement that assignment or delegation of the
subcontract shall be void unless prior written approval is obtained from the
Department in those instances where prior approval by the Department is
required.
(6) Subcontractor's agreement to hold harmless both the State and plan
members in the event the plan cannot or will not pay' for services performed
by the subcontractor pursuant to the subcontract.
NOTE: Authority cited: Section 14312, Welfare and Institutions Code
Reference Section 14452, Welfare and Institutions Code.
HISTORY
1. Repealer and new section filed 7-5-78, effective thirtieth day
thereafter (Register 78, No. 27) .
2. Amendment of subsection (g) (16) and new subsection (g) (17) filed
10-20-78 , effective thirtieth day thereafter (Register 78 , No. 42) .
3 . Amendment filed 12-30-81; effective thirtieth day thereafter
(Register 82 , No. 1) .
ATTACHMENT B
Contract Number: 26-856-13
Contractor: DIABLO PULMONARY MEDICAL GROUP
SCHEDULE
Contractor's schedule shall be on file in the office of the
Medical Staff Secretary.
s