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HomeMy WebLinkAboutMINUTES - 07251995 - C45.5- TO: BOARD .OF SUPERVISORS — C FAoM: Mark Finucane, Health Services Director Contra Costa ' DATE: July 12, 1995 County SUBJECT: Approval of Mental Health Specialist Contract #24-803 with Tracy Brown, M.D. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) Sc BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director or his designee (Lorna Bastian) , to execute on behalf of the County, Mental Health Specialist Contract #24-803 with Tracy Brown, M.D. , in the amount of $62,400, for the period from July 10, 1995 through June 30, 1996, for psychiatric evaluation, treatment and consultation services.. This contract includes a six-month automatic contract extension through December 31, 1996, in the amount of $31,200. II. FINANCIAL IMPACT: This Contract is included in the Health Services budget and is funded loot by County/Realignment funds (off-set by third party billing) . III. REASONS FOR RECOMMENDATIONS/BACKGROUND: This FY 1995-96 Mental Health Specialist Contract #24-803 with Tracy Brown, M.D. , provides psychiatric services to the AB 3632 SEP Program. State Medi-Cal regulations require the County's Mental Health Clinics to have on staff at least one half-time psychiatrist. This contract will fulfill that requirement. Dr. Brown will provide psychiatric services to children and adoles- cents in the AB 3632 SEP Program, including assessment, prescription of medication and ongoing monitoring of these youngsters, in an effort to reduce suicidal and other destructive behaviors among them, and to prevent their acute hospitalization at Merrithew Memorial Hospital (and/or other Bay Area Hospitals) . Approval of Contract 124-803 will allow the Contractor to provide services through June 30, 1996. CONTINUED ON ATTACHMENTS YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON as APPROVED AS RECOMMENDED OTHER J VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) 1 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: Lorna Bastian (313-6411) F SUPERVISORS ON THE DATE SHOWN. CC: Health Services (Contracts) ATTESTED aS� 1o��5 Risk ManagementPfiil a-atchelo Clerk of the Board of Auditor-Controller (Supervisors and County Administrator Contractor Contra Costa County Contract # 24-803• MENTAL HEALTH SPECIALIST CONTRACT Fund/Org.# 5953 Account # 2310 1. Contract Identification. Department: Health Services (Mental Health 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: TRACY BROWN, M.D. State Medical License #A053733 Capacity: Self-employed individual xpager I.D. # 452-43-3186 Medical Specialty: Child Psychiatry lul Address: 309 Avocet, Davis, California 95616 3. Term. The effective date of this Contract is July 1995 and it terminates June 30. 1996 unless sooner terminated as prove d herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $62.400 . 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 Oblilgaons. County shall make to Contractor those payments described in Paragr 2. (Payment) of the attached Additional Provisions which are incorporated her` ' , y reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work described in Paragraph (Contractor's 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 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. 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 1 MENTAL HEALTH SPECIALIST CONTRACT Number: 24-803 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. 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 Designee Dated: Recommended By Department By (Form approved by County Counsel) Approved: County Administrator By 2 ADDITIONAL PROVISIONS Number 24-803 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: FEE RATE: $ 60.00 per hour, not to exceed 1.040 hours of service. 2. Contractor's Obligations. a. 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 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. 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 9. (Modifications and Amendments) of this signature page of this Contract. Contractor hereby further certifies that he/she is a member of the medical staff at County's Merrithew Memorial Hospital. b. Vacation Coverage. Contractor shall notify the County's Mental Health Director, or his designee, two weeks in advance of any vacation. C. Patient Records. Contractor will complete his/her patients' records and charts on a timely basis. d. Charges for Services. Contractor shall not charge patients, or other persons responsible for patients, for the services provided under this Contract. e. 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. 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 limited to licensing, employment and purchasing practices; and wages, hours and conditions of employment, including discrimination. 4. 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, creed, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. Initials: 1 Contractor County Dept. ADDITIONAL PROVISIONS Number 24-803 5. 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. 6. 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 Contractor that are necessary to certify the nature and extent of all costs and charges for services provided to patients under this Contract. 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. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract, unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) prior to June 30, 1996. The term of this Contract shall be automatically extended from June 30, 1996 through December 31, 1996. 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 Contract Paragraph 4. (Payment Limit) above, is increased by $31.200 (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. b. County shall continue to pay Contractor in accordance with Additional Provisions Paragraph 1. (Payment) , at the rate of $60.00 per hour, subject to the six- month payment limit specified above. Initials: 2 Contractor County Dept. ADDITIONAL PROVISIONS Number 24-803 C. Contractor shall continue to provide services as set forth in Additional Provisions Paragraph 2. (Contractor's Obligations) above, subject to any amendments thereto, not to exceed a total of 520 hours of service for County's "AB 3632" Program. d. 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) . 9. Withholding and FICA Deductions. Notwithstanding Paragraph 8. (Independent Contractor Status) , for purposes of withholding state and federal taxes and Social Security only from payments due, the Auditor-Controller will make deductions for these purposes. Contractor is not a County employee. Contractor further understands that the County has no obligation to provide, and the Contractor will not be provided fringe benefits, including but not limited to, vacation, sick leave, retirement, and health plan coverage. The County will provide workers' compensation coverage and unemployment insurance if County has right to control way in which work is done. 10. 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: 3 Contractor County Dept. ATTACHMENT A CONTRA COSTA HEALTH PLAN SUBCONTRACT REQUIREMENTS Number 24-803 Pursuant to State Department of Health/County Contract #88-94695 (County #29-609-35) , effective January 1, 1989, (or the latest revision) Article X, Subcontracts; requirements of the Waxman-Duffy Prepaid Health Plan Act, (1972) and Knox-Keene Health Care Service Plan Act of 1975; Federal Regulations: 42 CFR 431.504; State Law: W&I Code, Section 14452; State Regulations: Title 22, CAC, Section 53250, the following subcontract requirements are incorporated into the contract referenced by number above: 1. Contractor shall be subject to and comply with 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) shall 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 53250(e) , a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 3. Contracts shall be public records on file with the State Department of Health Services. The names of the officers and owners of the Contractor, stockholders owning more than ten percent of the stock issued by the Contractor, and major creditors holding more than five percent of the debt of the Contractor are: Owners/Officers: Stockholders owning more than 10% of stock: Creditors holding 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 State Department of Health Services; this agreement does not preclude the establishment of Contractor's rate based on capitation payments pursuant to Welfare and Institutions Code Section 14453. 5. Contractor agrees to submit reports or abstracts 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 Department 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- ATTACHMENT A CONTRA COSTA HEALTH PLAN SUBCONTRACT REOUIREMENTS 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 Department of. Health Services. 8. Contractor will hold harmless both the State and Plan members in the event the County cannot or will not pay for services performed for Plan members pursuant to this Contract. 9. Contractor will notify the Department of Health Services and Commissioner of Corporations in the event this Contract is amended or terminated. Notice is considered given when deposited in the U.S. Registered Mail, first class postage prepaid, addressed as follows: Organized Health Services HMO Unit Department of Corporations Department of Health Services 600 South Commonwealth 714 P Street Los Angeles, California 90005 Sacramento., California 95814 10. Nondiscrimination Requirements. a. Nondiscrimination Clause (OCP-1) . (1) During the performance 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 condition, marital status, age (over 40) or sex. Contractor and subcontractors 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 (California Code of Regulations, Title 2, Section 7285.0 et seq.) . 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. Nondiscriminatory Services. 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 Dept. -2- ATTACHMENT A CONTRA COSTA HEALTH PLAN SUBCONTRACT REQUIREMENTS C. Discrimination Complaints. 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, ancestry, marital status, sexual orientation, or physical or mental handicap shall be forwarded to the Health Services Director for review and appropriate action. 11. 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 relations 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. Initials: Contractor County Dept. -3- EXHIBIT 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) At 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 effect. (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 ensure 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: 24-803 Contractor: TRACY BROWN, M.D. SCHEDULE Contractor's schedule shall be on file with the AB 3632 Program Chief.