HomeMy WebLinkAboutMINUTES - 09131994 - 1.85 TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director Contra
By: Elizabeth A. Spooner, Contracts AdministratCosta
DATE: August 23, 1994 �@ County
SUBJECT: Approval of Patients' Rights Advocacy Services Agreement
#29-473-2 with CPC Walnut Creek Hospital
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) ac BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTIONS:
Approve and authorize the Health Services Director, or his designee
(Lorna Bastian) , to execute on behalf of the County, Patients' Rights
Advocacy Services Agreement #29-473-2 , with CPC Walnut Creek Hospital,
for the period from July 1, 1994 through June 30, 1995, to pay the
County an amount not to exceed $12,480, for the Patients' Rights
Advocacy Services Program which the County provides at the Hospital
under Standard Contract #24-238-24 .
II. FINANCIAL IMPACT:
Upon approval of this Agreement, CPC Walnut Creek Hospital will pay
the County for the patients' rights advocacy services which the County
provides at the Hospital under Standard Contract #24-238-24 with
Mental Health Consumer Concerns, Inc. (MHCC) , and this funding will
offset the Contract costs.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
Pursuant to the Lanterman-Petris-Short Act (Division 5, §§ 5000ff of
the Welfare and Institutions Code) , the County is responsible for
designating certain facilities to provide involuntary 72-hour
psychiatric detention and evaluation and involuntary intensive
treatment of persons who, as a result of a mental disorder, are a
danger to self and/or others or are gravely disabled. The State
mandates that patients so detained are entitled to patients ' rights
advocacy services, including Certification Review (Doe vs. Gallinot)
Hearing services and Riese Capacity Hearing services.
For a number of years the County has contracted with Mental Health
Consumer Concerns, Inc. to provide mandated patients' rights advocacy
services, heretofore, at no cost to certain private psychiatric and
acute care hospitals.
On September 14, 1993, the Board of Supervisors approved Patients'
Rights Advocacy Services Agreement #29-473-1 under which CPC Walnut
Creek Hospital agreed to pay the County for patients' rights advocacy
services which it provides at the Hospital. Under Patients' Rights
Advocacy Services Agreement #29-473-2, CPC Walnut Creek Hospital will
continue to pay the County for these services through June 30, 1995.
CONTINUED ON ATTACHMENT: YES SIGNATURE• Q`
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEATIO OF BOARD CO MITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 319 7 APPROVED AS RECOMMENDED OTHER
VOTE QF 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)
cc: Health Services (Contracts) ATTESTED 3
Auditor-Controller (Claims)
CPC Walnut Creek Hospital Phil lAtchelor, Clerk of the Board of
Supuiv Wors and County Administrator
M 982/7-89 `
BY hal � � 1�� DEPUTY
`Contila Costa County
' PATIENTS' RIGHTS ADVOCACY SERVICES AGREEMENT
Number 29-473-2
1. Contract Identification.
Department: Health Services - Mental Health Division
Subject: Patients' rights advocacy services for patients involuntarily detained
under Welfare and Institutions Code Sections 5150ff.
2. Parties. The County of Contra Costa, California (County) , for its Department named
above, and the following named Hospital mutually agree and promise as follows:
Hospital: CPC WALNUT CREEK HOSPITAL
(hereinafter referred to as "Hospital")
Capacity: California corporation Taxpayer ID#
Address: 175 La Casa Via, Walnut Creek, California 94598
3. Term. The effective date of this Cont c�et is July 1, 1994 and it terminates
June 30, 1995 .
4. County's Obligations. Count sh " 1 provide patients' rights advocacy services subject
to all the terms and cond' ns contained or incorporated herein. County shall incur
no financial obligatio Hospital hereunder.
5. Hospital's Obli at' ris. Hospital shall make County's patients' rights advocacy
services availab ito patients detained involuntarily at its facility under Welfare and
Institutions de Sections 5150ff, and shall pay County for said services as forth
in the attached Service Plan which is incorporated herein by reference, subject to all
the terms and conditions contained or incorporated herein.
6. Project. This Contract implements in whole or in part the following described Project,
the application and approval documents of which are incorporated herein by reference:
County's current Performance Contract for Mental Health Services with the State
Department of Mental Health and any modifications or revisions thereof, a copy of which
is on file in the County's Mental Health Division Administrative Office.
7. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Welfare and Institutions Code §§ 5150, 5250, and 5500 through 5550;
California Code of Regulations, Subchapter 4, §§ 863.2 and 864.5; and California
Government Code §§ 26227 and 31000.
8. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batcheld6lerk of the Board
BOARD OF SUPERVISORS of Supervisors an County Administrator
By By
Chairman/Designee ® Deputy
HOSPITAL
By , By
(Designate business capacity A) (Designate business capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two.
Contra Costa County Standard Form 1/87
APPROVALS/ACKNOWLEDGEMENT
Number 29-473-2
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
By By
Designee
APPROVED: COUNTY ADMINISTRATOR
By
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of
The person(s) signing above for Contractor, personally known to me in the
individual or business capacity(ies) stated, or proved to me on the basis of
satisfactory evidence to be the stated individual or the representatives) of the
partnership or corporation named above in the .capacity(ies) stated, personally
appeared before me today and acknowledged that he/she/they executed it, and
acknowledged to me that the partnership named above executed it or acknowledged
to me that the corporation named above executed it pursuant to its bylaws or a
resolution of its board of directors.
Dated:
[Notarial Seal]
Notary Public/Deputy County Clerk
-2-
SERVICE PLAN
Number 29-473-2
1. Purpose. The purpose of this agreement is to set forth the responsibilities of County
and Hospital to provide patients' rights advocacy services, including Certification Review
(Doe vs. Gallinot) Hearing services and Capacity Hearing services, at certain hospitals
designated by County (as set forth in Resolution No. 92/815, approved by the Contra Costa
County Board of Supervisors on December 15, 1992)- to provide 72-hour psychiatric detention,
under the Lanterman-Petris-Short Act (LPS) , for evaluation and involuntary intensive
treatment of persons who, as a result of mental disorder are a danger to self and/or others
or are gravely disabled.
2. Countv's Obligations. County will provide the patients' rights advocacy services set
forth herein at Hospital. Said services will be provided by Mental Health Consumer Concerns
(MHCC) under County's Standard Contract #24-238-24. As directed by County, MHCC shall
provide the following services for 5150 patients detained at Hospital:
a. Patients' Rights Advocates. MHCC shall be responsible for providing, training,
and supervising Patients' Rights Advocates to handle complaints of mentally disabled patients
regarding abuse, unreasonable denial, or punitive withholding of a right guaranteed under the
California Code of Regulations Sections 863.2 and 864.5 and to represent patients in
Certification Review Hearings, Capacity Hearings, and Clinical Reviews.
b. Information and Monitoring Services. MHCC shall:
(1) Provide patients' rights posters and handbooks in the predominant languages
of the community which it shall post or give to patients upon admission to a designated
hospital;
(2) Monitor establishment and use by each designated facility of a procedure
for notifying incoming patients of their rights [W&I Code Section 5325 and California Code
of Regulations Section 860] in a language, medium, or modality accessible to the patient and
report any violations to County's Mental Health Director or his/her designee. Such a
procedure shall include a notification form which shall be signed by the patient and
witnessed by a Hospital staff member;
(3) Monitor Hospital to determine that it provides individuals detained on 72-
hour holds with the information required under W&I Code Section 5157, and that such
notification is properly documented; and report any violations to County's Mental Health
Director or his/her designee;
(4) Monitor Hospital to determine whether each patient is also given
notification, in a language, medium or modality accessible to the patient, of other relevant
constitutional and statutory rights;
(5) Ensure that the List of Rights for patients specified by the State
Department of Mental Health remains posted in Hospital where posting is required pursuant to
California Code of Regulations Section 860 and ensure that all incoming patients are notified
of these rights.
C. Advocacy Services. MHCC shall investigate - complaints of patients or their
responsible relatives, other interested parties, or patients unable to register a complaint
because of their mental or physical disability, and, if necessary, act as Advocate for
patients. In performing these services, MHCC shall:
Initials:
Hospital County Dept.
1
SERVICE PLAN
Number 29-473-2
(1) Establish and maintain a 24-hour, 7-day-a-week telephone answering service.
(2) Take action to investigate as soon as possible (within two working days)
patients' complaints through an interview with patient, staff of Hospital, and other
interested parties;
(3) Refer to County's Mental Health Director or his/her designee all complaints
not resolved within five working days; and
(4) Refer to the Patients' Rights Specialist, State Department of Mental
Health, those cases or questions which cannot be resolved at the local level.
d. Certification Review (Doe vs. Gallinot) Hearing Services. MHCC shall represent
at Gallinot . Hearings those patients on 14-day holds. In performing this mandated
responsibility, MHCC shall:
(1) Notify patients who are involuntarily hospitalized at Hospital and who are
gravely disabled or a danger to self or to others, of their right to a probable cause
hearing;
(2) As soon after the certification as possible, provide a meeting between its
patient advocacy staff and the patient who was certified to discuss the certification process
and to assist the patient in preparing for the certification review hearing or to answer
questions or otherwise assist the patient as is appropriate; and
(3) Attend all probable cause hearings and represent the patient if requested
by the patient.
e. Riese Capacity Hearings Program. In operating the Capacity Hearings Program
hereunder, MHCC shall represent at Riese Hearings those patients on holds pursuant to Welfare
and Institutions Code Sections 5150 and 5250. In performing this mandated responsibility,
MHCC shall:
(1) Assist Hospital in developing Riese hearing procedures, if requested by
County to do so.
(2) Notify patients who are involuntarily hospitalized at Hospital of their
right to accept or refuse antipsychotic medications.
(3) Monitor Hospital's use of a procedure for providing patients with oral and
written information regarding antipsychotic medications, and alternatives to medications.
(4) Provide representation to patients where a petition for a finding of
incompetency has been filed. In carrying out this responsibility:
(a) Immediately.after the petition has been filed, MHCC shall arrange for
a meeting between its patient advocacy staff and the patient for whom the petition has been
filed, to discuss the Riese hearing process and to assist the patient in preparing for the
Riese hearing, or to answer questions, or otherwise assist the patient as is appropriate; and
Initials:
Hospital County Dept.
2
SERVICE PLAN
Number 29-473-2
(b) MHCC shall attend all Riese hearings and represent the patient as
requested by the patient.
f. Training. As requested by County, MHCC shall provide training for Hospital's
staff.
3. Prohibition Against Treatment Activities. County and Hospital shall ensure that any
person who is working for MHCC (whether as paid staff or volunteer) shall not be involved in
performing diagnoses and treatment of mentally disordered persons in Contra Costa County
under this Contract.
4. Hospital's Obligations.
a. Hospital shall allow County's Patients' Rights Advocates (MHCC) to perform at
Hospital those duties specified in Title 9, California Code of Regulations, Subchapter 4,
Sections 863.2 and 864.5, and in the W & I Code, Sections 5500 through 5550.
b. Hospital shall maintain written policies and procedures that comply with all
State laws pertaining to the rights of patients who have been detained for involuntary 72-
hour psychiatric evaluations.
C. Hospital shall pay, County1$ 6 .00 per hour for the patients' rights advocacy
services provided by County to 5150 patients at Hospital, not to exceed 780 hours of service
or a total payment of $12,480. County shall mail to Hospital quarterly a written demand for
payment for services provided by MHCC, and Hospital shall remit to County payment for said
services within thirty (30) days of the date Hospital receives a demand.
Initials:
Hospital County Dept.
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