HomeMy WebLinkAboutMINUTES - 07222008 - C.112 To: BOARD OF SUPERVISORS Contra
FROM: Silvano B. Marchesi, County Counsel - Costa
County
DATE: July 22, 2008
SUBJECT: Consent To Representation of CCHP by Foley &
Lardner, LLP and Waiver,of Potential Conflict of Interest
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND
AND JUSTIFICATION
RECOMMENDATIONS
CONSENT to representation of the County by Foley & Lardner, LLP, in an administrative hearing
between County (CCHP) and Alta Bates Summit Medical Center in connection with emergency services claims
filed against CCHP by Alta Bates for emergency services provided to CCHP patients.
CONSENT to waive a potential conflict of interest of Foley & Lardner, LLP in representing County
against Alta Bates in the administrative hearing in connection with emergency services claims filed against
CCHP by Alta Bates for emergency services provided to CCHP patients.
AUTHORIZE the County Counsel or his designee to execute the corresponding consent and waiver
documents.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Alta Bates Summit Medical Center has filed a number of claims against the Contra Costa Health Plan
alleging that it is entitled to more money than it has already been paid for emergency services that Alta Bates
provided to CCHP patients. These claims will be decided by the California Department of Health Care
Services in an administrative proceeding. CCHP has requested representation by Foley & Lardner in the
administrative hearings regarding this payment dispute.
Foley & Lardner has an existing client relationship with Sutter Health, the parent of Alta Bates,
providing legal advice in various matters pertaining to labor, employment, litigation, and insurance coverage.
Foley & Lardner does not represent Sutter Health or Alta Bates in the above-described payment dispute.
The representation of the County in the payment dispute would present potential conflicts of interest for
Foley & Lardner. Sutter Health has already been advised of the potential conflict and has signed a conflict
waiver to allow Foley & Lardner to represent the County in this payment dispute.
On June 3, 2008, this Board consented to representation by Foley & Lardner in a related dispute
between CCHP and Sutter Delta, for whom Sutter Health is the parent company, and further waived the
potential conflict of interest.
C NTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
_ZAPPROVE OTHER
SIGNATURE(S):
ACTION OF 130ARD ON APPROVED AS
RECOMMENDED OTHER
VOTE OF SUPERVISORS.
N// -UNANIMOUS
(ABSENT__ZZI _-Z�Z )
AYES: NOES:_ I HEREBY CERTIFY THAT THIS IS A TRUE AND
ABSENT: ABSTAIN: CORRECT COPY OF AN ACTION TAKEN AND
ENTERED IN THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN B._qALEN, CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADM ISTRATOR
cc: Contact: Pat Godley (957-5405)
Foley & Lardner (via County Counsel)
County Administrator BY
County Counsel ronflict7
Health Services Department ns\Mise Board Orders\Conflit Waivers\FoleyLardner Consent to waive
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