HomeMy WebLinkAboutMINUTES - 07261994 - 1.37 TO: �. BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director � - �� Contra
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: July 13, 1994 County
SUBJECT: Approval of Standard Form FY 1994-1995. Novation Emergency Residential Care
Placement Agreements with Licensed Board and Care Facility Operators (Adult
Mental Health Program)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
a. Approve and, authorize the Health Services Director or his designee (Lorna
Bastian) to execute on behalf of the County, Standard Form Novation Emergency
Residential 'Care Placement Agreements with the licensed board and care facility
operators listed on the attached addendum, effective July 1, 1994 through June
30, 1995, to provide emergency residential care to mentally disturbed adults who
are potentially eligible for SSI/SSP, with maximum payments of $660 per client
per month through December 1994, and maximum payments of $693 .per client per
month beginning January 1, 1995. These documents include automatic six-month
extensions for the period from July 1, 1995 through December 31, 1995.
b. Authorize the Auditor-Controller to pay a maximum of $88 per month through
December 1994, and a maximum of $92.40 per month beginning January 1, 1995, to
clients, who are placed in the board and care facilities under these Emergency
Residential Care Placement Agreements, for incidental expenses and personal
needs.
II. FINANCIAL IMPACT:
Under this program, the County pays State-established rates for the residential care
of mental healthiclients who are not yet receiving SSI/SSP (but who are potentially
eligible and have made formal application to the Social Security Administration for
SSI/SSP) , contingent upon the client's signing an agreement with the County to
reimburse the County from the SSI/SSP money, once it is finally granted by the Federal
government (usually 3 to 6 months retroactively back to the month of application) .
For those mental health clients who are not granted SSI/SSP (i.e. , are found
ineligible) , the County's established Mental Health Program Funding covers the
residential care,payments to the facility operators. Initially, ten to twenty percent
of the clients are found ineligible by the Federal Social 'Security Administration,
And some of these are ultimately found eligible through appeal processes.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
For several years, the County's Mental Health Adult Services Program has used these
Agreements as an interim financing mechanism to facilitate the residential care of
mentally disabled clients and movement of clients, who are deemed eligible for
SSI/SSP, from State or local inpatient facilities to community-based facilities. This
Program provides residential care for 40 to 50 clients per year.
CONTINUED ON ATTACHMENT: XX YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATORRECOMME AT ON OF BOA COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON ``� 'b� ] 9�i�} 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
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Lorna Bastian (313-6411) 4 � ' )On
CC: Health Services (Contracts) ATTESTED d-
Risk Management Phil Batchelor,Clerk of the Board of
Auditor-Controller Suvervisors and County Administratgr
Contractor
M3e2/7-99 BY
, DEPUTY
ADDENDUM
LICENSED BOARD AND CARE FACILITY OPERATORS
FY 1994-95
A. Novation agreements for the period from: July 1, 1994 through June 30, 1995
with a six-month automatic extension through December 31, 1995.
AGREEMENT NUMBER: BOARD AND CARE FACILITY OPERATOR:
24-086-3 (20) Eleanor Cohen
(dba Cohen Family Home)
24-086-12 (21) Phoenix Programs, Inc.
24-086-44 (17) Ruth Lawton
(dba Lawton Family Home)
24-086-59 (17) Vivian Rhine
(dba Viv's Board & Care)
24-086-66 (20) Ivy Louise Cook
(dba Cook's Board & Care)
24-086-82 (14) Eloise Singleton
(dba Eloise's Board & Care)
24-086-101 (8) Rica and Dominga Torneros
(dba Torneros Residential Care Home #1 and #2)
24-086-103 (2) Mark & Eva Lee
(dba Lee's Care Home)
24-086-105 (1) Vivencia & Cenon Aguirre
(dba Sunshine Guest Home)
24-086-107 (1) Veristene McDowell
(dba Brandy's Board &. Care)
l. 3'-J
EMERGENCYG T
RESIDENTIAL CARE PLACEMENT AGREEMENT
(NOVATION)
Number: 24-086-3 (20)
1. Agreement Identification.
Department: Health Services (Mental Health Division)
Subject: Emergency Residential Care for Potential SSI/SSP Eligible
Clients under the FY 94-95 Continuing Care Program
2. Parties. The County of Contra Costa, California (County) , for its Department
named above, and the following named Operator of a licensed residential care
(non-medical) facility mutually agree and promise as follows:
Facility Operator: ELEANOR COHEN (dba COHEN FAMILY HOME)
Capacity: Self-employed individual Social Security # 255-28-3855
Facility License Number: 071402670 License Expiration Date: 3/06/95
Licensed Name and Address of Facility (ies) :
Cohen Family Home
316 South 24th Street, Richmond, California 94804
3. Term. The effective date of this Agreement is July 1, 1994 and it
terminates June 30, 1995 unless sooner terminated as provided herein.
. 4. Termination. This Agreement may be terminated by either party, at its sole
discretion, upon fifteen-day advance written notice thereof to the other,
or canceled immediately by written mutual consent.
5. Amendments. This Agreement may be amended in order to change the facility
name(s) or address(es) or to change the payment rates (as authorized by the State
of California) by a written document executed by the Facility Operator and the
County Board of Supervisors or, after Board approval, by its designee.
6. Independent Contractor Status. This Agreement 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.
7. Indemnification. The Facility Operator shall defend, save harmless, and
indemnify the County and its officers, agents, and employees from all liabilities,
and claims for damages for death, sickness or injury to persons or property,
including without limitation, all consequential damages, from any cause
whatsoever arising from or connected with the operations or the services of the
Facility Operator hereunder, resulting from the conduct, negligent or otherwise,
of the Facility Operator, its agents or employees. County assumes no liability
for injury or damages arising from acts of clients placed with the Facility
Operator hereunder.
8. Additional Provisions. Facility Operator (Contractor) shall comply with the
attached Additional Provisions which are incorporated into this Agreement
(Contract) by reference.
9. Legal Authority. This Agreement is entered into under and subject to the
following legal authorities: California Government Code Section 26227;
California Code of Regulations, Title 9, Subchapter 3, Section 523 et seq. ; and
California Welfare and Institutions Code Sections 4012.6, 4418.5, 4418 .6 and et
seq.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA RESIDENTIAL CARE FACILITY OPERATOR
By By
Designee
Facility Operator
Official Capacity Designate Official Capacity
Date:
Print Name of Facility Operator
(Form approved by County Counsel) Date:
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ADDITIONAL PROVISIONS
(Emergency Residential Care Placement Agreement)
1. Novation. The parties having entered into a prior Contract #24-086-3(19) for the
period July 1, 1993 through June 30, 1994 (which contained provision for an automatic
six-month extension agreement for the period from July 1, 1994 through December 31,
1994) , County and Contractor hereby agree to substitute this 1994-95 fiscal year
agreement #24-086-3(20) for the aforesaid six-month automatic extension agreement.
Effective July 1, 1994, all contract rights and obligations of the parties will be
governed by this 1994-95 fiscal year Supplemental Residential Care Services Agreement
#24-086-3(20) .
2. County Obligations. In consideration of the Facility Operator's provision of
services as described herein, County shall make monthly payments, as determined below,
to Facility Operator upon its submission of a properly documented, and Department
approved, County Demand Form D-15.
A. Payment Amount. FOR JULY 1, 1994 TO DECEMBER 31, 1994:
(1) County's payment to Facility Operator for room, board, and care and
supervision provided hereunder shall not exceed: $660 per month per client, in
accordance with the attached Residential Care Daily Rate Schedule, or at such
other rates as may be specified by Order of the Contra Costa County Board of
Supervisors.
(2) Payment shall be determined by each client's aid as follows:
(a) If the client is not receiving income or aid of any kind,
County's payment shall not exceed $660 per month per client
(or at such other rates as may be specified by Order of the
Contra Costa County Board of Supervisors) as set forth above.
(b) If the client is receiving income or aid of any kind, County's
payment shall be reduced accordingly. As determined by the
County's Mental Health Program Administration, the amount due
to the Facility Operator for the care of a client in any
calendar month shall be reduced by all income or aid received
by the client during such month, except for payments made by
County to the client for incidental expenses and personal
needs, not to exceed $88 per month (or such other monthly
amount as may be specified by Order of the Contra Costa County
Board of Supervisors) .
Payment Amount. FOR JANUARY 1, 1995 TO JUNE 30, 1995:
(1) County's payment to Facility Operator for room, board, and care and
supervision provided hereunder shall not exceed: $693 per month per client, in
accordance with the attached Residential Care Daily Rate Schedule, or at such
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other rates as may be specified by Order of the Contra Costa County Board of
Supervisors.
(2) Payment shall be determined by each client's aid as follows:
(a) If the client is not receiving income or aid of any kind,
County's payment shall not exceed $693 per month per client
(or at such other rates as may be specified by Order of the
Contra Costa County Board of Supervisors) as set forth above.
(b) If the client is receiving income or aid of any kind, County's
payment shall be reduced accordingly. As determined by the
County's Mental Health Program Administration, the amount due
to the Facility Operator for the care of a client in any
calendar month shall be reduced by all income or aid received
by the client during such month, except for payments made by
County to the client for incidental expenses and personal
needs, not to exceed $92.40 per month (or such other monthly
amount as may be specified by Order of the Contra Costa County
Board of Supervisors) .
(3) In determining the number of days for which payment is to be made,
the following shall be included:
(a) All days comprising each client's actual length of stay
in the facility, including the first and last day of the
client's stay; and
(b) The number of days which fall short of the fourteen-day prior
notice, which the Facility Operator requires be given by a
client who intends to leave said facility. (This provision
does not apply if the client's leaving is at the Facility
Operator's request or is determined to be in the best interest
of the client by County's Mental Health Deputy Director or
his/her designee) .
B. Payment Limitations. Payments hereunder are limited to funds available
therefor from the County Budget for Fiscal Year 1994-1995.
(1) County shall only make payments under this Agreement for clients who
are placed by County for care in Facility Operator's residential facility and for
whom County has on file:
(a) A Form SSP 16 (Authorization for Reimbursement for Interim
Assistance Granted While SSI/SSP Application is Pending) ,
which has been signed by the client or by the clients' legal
representative, and
(b) An "Application for Emergency Care Fund" form, which has been
completed by a County mental health staff person.
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(2) County may deduct from any monthly payment (Demand Form D-15) the
amount of any unauthorized payment or overpayment that may have been made to
Facility Operator in any prior month.
3. Facility Operator's Obligations. The Facility Operator shall provide room and
board and twenty-four hour emergency residential care and supervision as specified in
the State regulations under which the Facility is licensed, for eligible continuing
care clients who are specifically referred to Facility Operator for services hereunder
by County's mental health program staff, subject to space limitations. Facility
Operator:
a. Hereby assures and certifies that he/she is specially trained,
experienced, expert, competent, and licensed to perform such services.
b. Shall orally notify County's Mental Health Program Administration, in
advance, of the date of any Facility-required client discharge.
C. Shall orally inform County's Mental Health Program Administration whenever
a client begins or ends care in the residential facility under this
Agreement.
d. Shall notify, in writing, County's Mental Health Program Deputy Director
of any change in license status within three (3) days of such change.
e. Shall submit to County a monthly invoice showing for each calendar month
which clients were receiving residential care under this Agreement and the
last day of actual care for any client who has left the facility during
the month or who ceases to be eligible for such services under this
Agreement (e.g. , who receives an SSI/SSP award from the Social Security
Administration) .
4. Confidentiality. Facility Operator agrees to comply and to require its
employees, agents and partners 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 Agreement, their records, or services provided them, and
assures that:
a. All applications and records concerning any individual made or kept by
Facility Operator or any public officer or agency in connection with the
administration of or relating to services provided under this Agreement
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 or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be
required in the administration of such service. Facility Operator agrees
to inform all employees, agents and partners of the above provisions, and
that any person knowingly and intentionally disclosing such information
other than as authorized by law may be guilty of a misdemeanor.
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5. Nondiscriminatory Services. Facility Operator agrees that all goods and services
under this Agreement shall be available to all qualified persons regardless of age,
sex, race, religion, color, national origin, ancestry or ethnic background, or
handicap, and that none shall be used, in whole or in part, for religious worship or
instruction.
Contractor's nondiscriminatory policies shall be in writing and shall be available for
inspection by clients, employees, applicants for employment and other appropriate
persons; Contractor shall practice nondiscrimination in the admission for clients or
patients for services, assignment of accommodations, employment of personnel, or in any
other respect so as not to discriminate on the basis of race, color, religion, national
origin, ancestry, sex, age, or handicap.
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
hereunder, including but not limited to, licensing, employment and purchasing
practices, wages, hours and conditions of employment.
7. 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.
8. Entire Agreement. This Contract contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein, no other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
9. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this Contract be adopted or revised during the
term hereof, this Contract shall be amended to assure conformance with such Federal or
State requirements..
10. Notices. All notices provided for by this Contract shall be in writing and may
be delivered by deposit in the United States mail, postage prepaid. Notices to the
County shall be addressed to the head of the County Department for which this Contract
is made. Notices to the Contractor shall be addressed to the Contractor's address
designated herein. The effective date of notice to the Contractor shall be the date
of deposit in the mails or of other delivery. The effective date of notice to the
County shall be the date of receipt by the head of the County Department for which this
Contract is made.
11. Nonrenewal. Contractor understands and agrees that there is no representation,
implication, or understanding that the services provided by Contractor under this
Contract will be purchased by County under a new contract following expiration or
termination of this Contract, and waives all rights or claims to notice or hearing
respecting any failure to continue purchase of all or any such services from
Contractor.
12. Possessory Interest. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does
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not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue & Taxation
Code Section 107) , such interest or improvements may represent a possessory interest
subject to property tax, and Contractor may be subject to the payment of property taxes
levied on such interest. Contractor agrees that this provision complies with the
notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to
further notice or to damages under that or any comparable statute.
13. Records. Contractor shall keep and make available for inspection and copying by
authorized representatives of the County, the State of California, and the United
States Government, the Contractor's regular business records and such additional
records pertaining to this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents
pertaining to this Contract for five years from the date of submission of
Contractor's final payment demand or final Cost Report; for any further
period that is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract's funding period. Upon
request, Contractor shall make these records available to authorized
representatives of the County, the State of California, and the United
States Government.
b. 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.
This special condition is in addition to any and all other terms regarding
the maintenance or retention of records under this Contract and is binding
on the heirs, successors, assigns and representatives of Contractor.
14. 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, 1995, the term of this Contract shall be automatically
extended from June 30, 1995 through December 31, 1995. During its extended term, this
contract is nevertheless subject to all the terms and conditions applicable during its
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initial term including but not limited to Paragraph 4 (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 Contractor and County Board of
Supervisors approval. As to any such six-month extension:
a. The Payment Amount, specified above in Paragraph 2.a. (Payment Amount) of
the Additional Provisions of this Contract shall remain unchanged and
County's total payments to the Contractor for said six-month extension
shall not exceed the funds available therefor from the County Budget for
Fiscal Year 1995-96, subject nevertheless, to the aforesaid novation or
renewal contract.
b. Contractor shall continue to provide services as set forth in this
Contract (Emergency Residential Care Placement Agreement) , 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) , in accordance with
Contra Costa County's current revision of its Annual Mental Health Budget.
15. Third-Party Payment Liability. Contractor shall be solely responsible for any
payments due from Contractor to third parties or for any liabilities, obligations, or
commitments of Contractor arising from Contractor's performance of this Contract,
including, but not limited to, any payments that Contractor may owe to contractors or
other suppliers for goods and services received by Contractor. In no event shall
County be responsible for any payments due from Contractor to third parties or for any
liabilities, obligations, or commitments of Contractor arising from Contractor's
performance of this Contract.
16. Penalty for Late Submission. When Contractor fails to submit to County a proper
demand for payment as specified in Additional Provisions Paragraph 2.a. (County
Obligations) above, within 30 days of the end of the month in which the contract
services upon which the demand is based are actually rendered and as a result of
Contractor's late submission the County is unable to obtain reimbursement from the
State of California or otherwise; to the extent the County's recovery of funding is
prejudiced, County shall not pay Contractor for such services even though such services
were fully provided.
17. 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
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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.
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STATE DEPARTMENT OF MENTAL HEATLH
CALENDAR YEAR 1994 - 95
SSI/SSP RATES
NON-MEDICAL BOARD AND CARE
SCHEDULE OF CUMMULATIVE DAILY PAYMENTS
MONTHLY RATE: *$660 . 00
CLIENT DAYS LENGTH OF MONTH
IN FACILITY
28 DAYS 29 DAYS . 30 DAYS 31 DAYS
----------------------------------------------------------------------
1 $23 . 57 $22 . 76 $22 . 00 $21 . 29
2 .$47 . 14 $45 . 52 $44 . 00 $42 . 58
3 $70 . 71 $68 . 28 $66 . 00 $63 . 87
4 $94 . 29 $91 . 03 $88 . 00 $85 . 16
5 $117 . 86 $113 . 79 $110 . 00 $106 . 45
6 $141 . 43 $136 . 55 $132 . 00 $127 . 74
7 $165 . 00 $159 . 31 $154 . 00 $149 . 03
8 $188 . 57 $182 . 07 $176 . 00 $170 . 32
9 $212 . 14 $204 . 83 $198 . 00 $191 . 61
10 $235 . 71 $227 .59 $220 . 00 $212 . 90
11 $259 . 29 $250 . 34 $242 . 00 $234 . 19
12 $282 . 86 $273 . 10 $264 . 00 $255 . 48
13 $306 . 43 $295 . 86 $286 . 00 $276 . 77
14 $330 . 00 $318 . 62 $308 . 00 $298 . 06
15 $353 ..57 $341 . 38 $330 . 00 $319 . 35
16 $377 . 14 $364 . 14 .$352 . 00 $340 . 65
17 $400 . 71 $386 . 90 $374 . 00 $361 . 94
18 $424 . 29 $409 . 66 $396 . 00 $383 . 23
19 $447 . 86 $432 . 41 . $418 . 00 $404 . 52
20 $471 . 43 $455 . 17 $440 . 00 $425 . 81
21 $495 . 00 $477 . 93 $462 . 00 $447 . 10
22 $518 . 57 $500 . 69 $484 . 00 $468 . 39
23 $542 . 14 $523 .45 $506 . 00 $489. 68
. 24 $565 . 71 $546 . 21 $528 . 00 $510 . 97
25 $589 . 29 $568 .97 $550 . 00 $532 . 26
26 $612 . 86 $591 . 72 $572 . 00 $553 . 55
27 $636 . 43 $614 .48 $594 . 00 $574 . 84
28 $660 . 00 $637 . 24 $616 . 00 $596 . 13
29 $660 . 00 $638 . 00 $617 . 42
30 $660 . 00 $638 . 71
31 $660 . 00
-Tc,ta1 pa r,er;! = 57146. 00 - $86 . 0)0 mininum ( personal and incidental
needs ) = S66f,,1 . 00 ronth.1v rate