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HomeMy WebLinkAboutMINUTES - 01191993 - 1.25 To: BOARD OF SUPERVISORS r1� FROM: Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts AdministratorCostaDATE: January 4, 1993 (0 County SUBJECT: Approval of Medical Specialist Contract #24-661 with Linda Feldman Duritz, M.D. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the County, Medical Specialist Contract #24-661 with Linda Feldman Duritz, M.D. (specialty: Geriatric, Psychiatry) for the period January 1, 1993 through December 31, 1993 to be paid as follows: 58.00 per hour for consultation, evaluation, training services and/or medical procedures, NOT TO EXCEED a total payment limit of $75,052 . II. FINANCIAL IMPACT: v Patients seen by Dr. Duritz will be billed by the Health Services Department on a fee-for-service basis-. Her position is revenue- producing via third-party insurers (Medicare, Medi-Cal, and private insurance) . III. REASONS FOR RECOMMENDATIONS/BACKGROUND: % For a number of years the County has contracted with Medical and Dental Specialists to provide specialized professional services which are not otherwise available in its hospital and clinics. Under this Contract #24-661, Linda Feldman Duritz, M.D. will provide specialized geriatric psychiatry services through December 31, 1993 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DATI N OF BOARD C MMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS UNANIMOUS ( NT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: y��'" 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: Patricia Roach (313-6411) 993 CC: Health Services (Contracts) ATTESTED Risk Management Phil tchelor,Clerk of Ae Board of Auditor-Controller Supervisors and CountyAdm,inistrator Contractor. 9 M982/7-83 BY , DEPUTY •.Comrtxz Costa County Number 24-661j- " 'L- J ;;Stan_dzrd Form MEDICAL SPECIALIST CONTRACT Fund/Org #6407 Account #2861 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: LINDA FELDMAN DURITZ, M.D. Medical Lic # G071270 Capacity: Professional Corporation Taxpayer ID# 94-278117 Medical Specialty: Geriatric Psychiatry Address: 36 E1 Camino Real, Berkeley, California 94705 3. Term. The effective date of this Contract is January 1. 1993 and it terminates December 31. 1993 unless sooner terminated as provided herein. 4. 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 cancelled immediately by written mutual consent. 5. County's Obligations. County shall make to the Contractor those payments described in Paragraph 1. (Payment) of the attached Additional Provisions which are incorporated herein by reference. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in Paragraph 2. (Contractor's Obligations) of the attached Additional Provisions. 7. 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. 8. 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, 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- f 1 J ADDITIONAL PROVISIONS Number 24-661 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: $58.00 per hour for the provision of consultation, evaluation, training services, and/or medical procedures, as set forth in Paragraph 2. (Contractor's Obligations) below, NOT TO EXCEED a total of 1.294 hours and a payment limit of $75.052. 2. Contractor's Obligations. a. Oualifications 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 Coverage. 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 l.a (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: 1 °' Contractor unty Dept. -1- ADDITIONAL PROVISIONS Number 24-661 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: f Contractor Co my Dept. -3- ATTACHMENT A CONTRA COSTA HEALTH PLAN SUBCONTRACT 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 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 Co ty Dept. -2- 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) .