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HomeMy WebLinkAboutMINUTES - 11081994 - 1.75 TO: BOARD OF SUPERVISORS `FROM: Mark Finucane, Health Services Director W,\ Qoh Contra By: Elizabeth A. Spooner, Contracts Administrato COSta DATE: October 26, 1994 County SUBJECT: Approval of Mental Health Specialist (Novation) Contract #24-629-3 with Hugh R. Winig, M.D. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & 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 (Novation) Contract #24-629-3 with Hugh R. Winig, M.D. , for the period from July 1, 1994 through June 30, 1995, with a payment limit of $20,800, for provision of professional forensic, psychiatric services to patients in the Department's Conditional Release Program (CONREP) . This Contract includes a six-month automatic extension through December 31, 1995 with an extension period payment limit of 10, 400. II. FINANCIAL IMPACT: This Contract is funded 100% by State CONREP funds. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The State Department of Mental Health provides funding to the Department's Mental Health Division to provide services for certain patients returning to the community from the State Hospital system, pursuant to Section 1604 of the Penal Code and known as the Conditional Release Program (CONREP) . On January 11, 1994, the Board of Supervisors approved,Mental Health Specialist Contract #24-629-2 with Hugh R. Winig, M.D. , for the period from July 1, 1993 through June 30, 1994, for provision of special professional services, including psychiatric assessment, medication assessment and prescription of medications for County's CONREP patients. The Contract included an automatic six-month extension for the period from July 1, 1994 through December 31, 1994, and Novation Contract #24-629-3 replaces the automatic six-month extension under the prior contract and continues Dr. Winig's services through June 30, 1995. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR R COMM DAT ON OF BOARD C MMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS v 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) N®V CC: Health Services (Contracts) ATTESTED Risk Management Phil BatchelorCkiwbf the Board of . Auditor--Controller Supervisors and County Administrator Contractor M382/7-83 BY RA DEPUTY 1--75 Contra Costa County Contract # 24-629-3 Fund/Org.# 5967 MENTAL HEALTH SPECIALIST CONTRACT Account #. 2310 (NOVATION) 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 name Contractor mutually agree and promise as follows: Contractor: HUGH R. WIN G, State Medical License #G26418 Capacity: Self-employ vidual Taxpayer I.D.# 154-34-8243 Medical Specialty: sychiatry Address: 130 Bldg. 3, #213, Walnut Creek, California 94598 3. Term. The effect a ate of this Contract is July 1. 1994 and it terminates June 30. 1995 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $20,800. 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 Obligations. County shall make to Contractor those payments described in Paragraph 2. (Payment) of the attached Additional Provis" ns which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide o services and carry out that work described in Paragraph 3. (Contractor's Obl- f the attached Additional Provisions. / 8. Independent Contractor Status. This Contraea s .by and between two independent contractors and is not intended to and sha 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 an amount no less than $1,000,000 per claim/$3,000,000 1 Contra-Costa County Contract # 24-629-3 Fund/Org.# 5967 MENTAL HEALTH SPECIALIST CONTRACT Account # 2.310 (NOVATION) 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. 13. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By By Designee Dated: Recommended by Department By Designee (Form approved by County Counsel) 2 ADDITIONAL PROVISIONS Number 24-629-3 1. Novation. The parties having entered into a prior Contract #24-629-2 for the period from July 1, 1993 through June 30, 1994 (which contained provision for an automatic six-month extension for the period from July 1, 1994 through December 31, 1994) , County and Contractor hereby agree to substitute this Contract #24-629-3 for the aforesaid six-month automatic contract extension. Effective July 1, 1994, all contract rights and obligations of the parties will be governed by this Contract #24-629-3. 2. 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: $ 100.00 per hour for the provision of psychiatric services, consultation and training, as set forth in Paragraph 3 (Contractor's Obligations) below, NOT TO EXCEED a total of 208 hours or the total contract payment limit of $20,800. 3. Contractor's Obligations. a. Oualifications and Schedule. Contractor hereby certifies and assures that he/she is specially trained, experienced, and competent to practice forensic psychiatry, and licensed to perform special professional services, including psychiatric assessments, medical assessment and prescription of medications, consultation and training in forensic psychiatry and mental health practice. Contractor shall render such services at its office location, as well as other sites specified. by the Supervisor of the Forensic Mental Health Unit, for CONREP patients who shall be specifically referred by the Forensic Mental Health Unit of Contra Costa County. b. Medical Staff Privileges. Contractor agrees to seek, obtain and maintain Medical Staff privileges and membership in the Medical Staff of County's Merrithew Memorial Hospital and Clinics in accordance with the Medical Staff by-laws of said Hospital. C. Absences. Contractor shall notify the Health Services Director, or his designee, two weeks in advance of any planned absence. 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 Contractor 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. 4. 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 Initials: Contractor County Dept, 1 ADDITIONAL PROVISIONS Number 24-6'29-3 Contract, including but limited to licensing, employment and purchasing practices; and wages, hours and conditions of employment, including discrimination. S. 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. 6. 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. 7. 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. 8. 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. 9. Pro ect. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Standard Agreement #94-74104 (County #29-441-14) executed by the State Department of Mental Health and Contra Costa County (Health Services Department, Mental Health Division) for a Conditional Release Program (CONREP) , and any modifications or revisions thereof. 10. State CONREP Provisions. a. Contractor agrees to be available on 24 hour on-call duty to the CONREP Program, and in that respect, to carry a "beeper" at all times and to be available by portable telephone. b. Contractor understands that no Federal or State income tax will be withheld from the payments under this Contract. However, the County may be required to report all payments to the Internal Revenue Service for tax purposes. No distinction of fee, travel, or per diem will be made. No wage and tax statement (W-2) will be issued for the services performed under this Contract. Initials: Contractor County Dept. 2 ADDITIONAL PROVISIONS Number 24-629-3 C. Contractor understands that the products and staff services that it provides in fulfillment of the requirements of this Contract will be evaluated by the State (Public Contract Code Section 10370) . d. Contractor agrees that the State and County retain title to all patient case records, patient related reports, and any documentation which pertains to patient services. e. The State and County reserve the right to use and reproduce all reports, and data produced and delivered pursuant to this Contract, and reserves the right to authorize others to use or reproduce such materials. f. Contractor agrees to maintain books, records, documents, and other evidence necessary to support Contractor's claims for reimbursement under this Contract. g. 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 its 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 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. Contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract. (SAM 1204.5) h. Contractor shall protect from unauthorized disclosure, names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any client. Client is defined as "those persons receiving services pursuant to a State Department of Mental Health funded program". Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Contract. Contractor shall not disclose, except as otherwise specifically permitted by this Contract or authorized by law or the client, any such identifying information to anyone, other than the State and County without prior written authorization from the State or County. For purposes of this Contract, identifying information shall include, but not be limited to, name, identifying number, symbol, or other identifying particular assigned to the individual, finger or voice print, or photograph. i. Contractor shall be subject to examination and audit by the California State Auditor General for a period of three years after final payment under this Contract. Contractor agrees to place in each of its subcontracts, which are in excess of $10,000 and utilize State funds, a provision that: "The contracting parties shall be subject to the examination and audit of the Auditor General for a period of three years after the final payment under contract (Government Code Section 10532)". Contractor shall also be subject to the examination and audit of the Auditor-General for a period of three years after final payment under the contract or subcontract (Government Code Section 10532) . Initials: Contractor County Dept. 3 ADDITIONAL PROVISIONS Number 24-629-3 11. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment) above, 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. 12. 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, 1995, the term of this Contract shall be automatically extended from July 1, 1995 through December 31, 1995. 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 Contractor and County Board of Supervisors approval. As to any such six-month extension: a. The Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $10,400 (the six-month Payment Limit) and County's total payments to Contractor for said six-month extension shall not exceed this six-month Payment Limit, subject, nevertheless, to the aforesaid novation or renewal contract. b. County shall continue to pay Contractor in accordance with Additional Provisions Paragraph 2. (Payment) at the rate of1$ 00.00 per hour, not to exceed a total of 104 hours of service. C. Contractor shall continue to provide services as set forth under this Contract, subject to any amendments thereto. 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) . 13. 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: Contractor County Dept. 4 ATTACHMENT B Contract Number: 24-629-3 Contractor: HUGH R. WINIG, M.D. SCHEDULE Contractor's schedule is on file with the County's Mental Health Division Director, or her designee.