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HomeMy WebLinkAboutMINUTES - 01251994 - 1.46 ' 162 TO: BOARD OF SUPERVISORS Mark Finucane Health Services Director h'`" Contra FROM: By: Elizabeth A. Spooner, Contracts Administrato COSta DATE: January 12, 1994 County SUBJECT: Approval of Mental Health Specialist Contract #24-567-6 with James S. Goodman, 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, Mental Health Specialist Contract #24-567-6 with James S. Goodman, M.D. , with a payment limit_ of $40,449, for the period from February 1, 1994 through June 30, 1994, for provision of psychiatric services for County's patients at Merrithew Memorial Hospital (J-Ward) . This - document includes provision for a six-month automatic contract extension through December 31, 1994 with a payment limit of $48, 536. II. FINANCIAL IMPACT: Funding for this Contract is included in the Department's Fiscal Year 1994-95 Budget projections and the source of funding is County/Realignment, off-set by Medi-Cal, Medicare, and insurance billed by the Department. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: For a number of years the County has contracted with Medical, Dental and Mental Health Specialists to provide specialized professional services which are not otherwise available in its hospital and clinics. On July 13 , 1993 , the Board of Supervisors approved Mental Health Specialist Contract #24-567-4, and subsequently approved Contract Amendment Agreement #24-5.67-5, with James S. Goodman, M.D. , to provide specialized professional psychiatric services to County's patients at Merrithew Memorial Hospital (J-Ward) through January 31, 1994 . Approval of this Contract will continue Dr. Goodman's professional psychiatric services through June 30, 1994 . CONTINUED ON ATTACHMENT: YES SIGNATURE � J RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEATI N OF BOARD C MMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON LA APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS +-� UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES:1 NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: :a AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Lorna Bastian (313-6411) CC: Health Services (Contracts) ATTESTED Risk Management Phil Bvehelor,Clerk#the BOA of Auditor-Controller Supervisors and County Administrator Contractor n M382/7-83 BY l_ (2�� - DEPUTY i CONTRACT EMPLOYEE V•�V Contra Costa County Contract # 24-567-6 MENTAL HEALTH SPECIALIST CONTRACT Fund/Org.# 6314 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: JAMES S. GOODMAN, M.D. State Medical License #G 42197 Capacity: Self-employed individual Taxpayer I.D. .# 558-74-3358 Medical Specialty: Psychiatry Address: 2955 Shattuck Avenue, Suite 3, Berkeley, California 94705-1800 3. Term. The effective date of this Contract is February 1, 1994 and it terminates June 30, 1994 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed 40 449. 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 1. (Payment) of the attached Additional Provisions which are incorporated herein by reference. County shall also fulfill those obligations described in Paragraph 3. (County's Additional Obligations) of the attached Additional Provisions which are incorporated by reference. 7. 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. 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. 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. 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 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. 1 MENTAL HEALTH SPECIALIST CONTRACT Number 24-567-6 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; Health and Safety Code Section 1451, Welfare and Institutions Code Division 5, Part 2, Section 5600 et seq. (Bronzan McCorcodale Act) and California .ode of Regulations, Title 9, Subchapter 3, Section 523 eq seq.. (Bronzan McCorcodale Act) . 13. Signatures. These signatures attest the part=;s' agreement hereto: COUNTY OF COI(TRA)COSTA. CALIFORNIA CCJTRACTOR y By airman/Designee Da ed• Approved County Administrator By ' W 14'41�oe Recommended By Department By 2 ADDITIONAL PROVISIONS Number 24-567-6 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-15.19) , 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: a. FEE RATE: 6S 5.96 per hour, scheduled between 8:00 a.m. and 12:00 p.m. , not to exceed a total of 606 hours. b. FEE RATE: $52.95 per eight-hour on-call shift scheduled between 12:00 p.m. and 8:00 a.m. , not to exceed a total of 9 shifts. 2. Contractor's Obligations. a. Service Specifications. (1) Contractor shall provide professional psychiatry procedures and services for County patients at certain times and locations as mutually agreed upon by Contractor and the Director of County's Health Services Department or his designee. Contractor shall not be responsible for providing emergency or on-call coverage for County patients under his care pursuant to this Contract. However, from time to time Contractor and the Health Services Director or his designee may agree that Contractor will be available on an "on-call" basis for psychiatric emergencies which may arise at a specified County facility, during a scheduled eight-hour on-call shift from 12:00 p.m. to 8:00 a.m. b. Qualifications. Contractor hereby certifies and assures that he 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 hereby further certifies that he is a member of the medical staff of Merrithew Memorial Hospital. C. Vacation Coverage. Contractor shall notify the County's Mental Health Director, or his designee, two weeks in advance of any vacation. d. Patient Records. Contractor will complete his patients' records and charts on a timely basis. e. Charges for Services. Contractor shall not charge patients, or other persons responsible for patients, for the services provided under this Contract. f. 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. County's Additional Obligations. County shall provide emergency and on-call coverage by a qualified psychiatrist for all County patients under the care of Contractor pursuant to this Contract, during those times when Contractor is not on duty at the facility where such Initials: ` o tractor C my Dept. 1 ADDITIONAL PROVISIONS Number 24-567-6 County patients receive care. County shall also provide psychiatric care by a qualified psychiatrist to all such County patients during Contractor's vacations and during any periods of Contractor's absence due to illness or other circumstances beyond Contractor's control. 4. Expenses. Contractor's fee, as set forth in Paragraph 1 (Payment) above, includes full compensation for all services, work and expenses provided or incurred by Contractor under this Contract, including all travel, mileage, and per diem expenses. 5. 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. 6. 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. 7. 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. 8. 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. 9. -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. Initials: / ractor County Dept. 2 ADDITIONAL PROVISIONS Number 24-567-6 10. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 1 (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. 11. Withholding and FICA Deductions and 'Payments. Notwithstanding Paragraph 8 (Independent Contractor Status) of the Mental Health Specialist Contract, only for purposes of withholding State and Federal income taxes and the employee portion of Social Security taxes from payments due Contractor and paying the employer portion of Social Security taxes, Contractor will be treated as an employee of the County. The Auditor=Controller will make deductions of State and Federal income taxes and the employee portion of Social Security taxes from payments due Contractor and will pay these taxes on Contractor's behalf to the proper State and Federal authorities, as if Contractor were an employee. In addition, County will pay for the benefit of Contractor the employer portion of Social Security taxes, as if the Contractor were an employee. County will not deduct the employer portion of Social Security taxes from payment due Contractor. Contractor agrees that for all other purposes, Contractor is not a County employee and remains an independent .contractor. Contractor further agrees that the County has no obligation to provide, and Contractor will not be provided with, worker's compensation insurance or fringe benefits, including but not limited to, vacation, sick leave, retirement and health plan coverage. 12. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Mental Health Specialist Contract, unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) prior to June 30, 1994, the term of this Contract shall be automatically extended from June 30, 1994 through December 31, 1994. 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 Mental Health Specialist Contract Paragraph 4. (Payment Limit) above, is increased by $48,536 (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. Contractor shall continue to provide services as set forth in Additional Provisions Paragraph 2. (Contractor's Obligations) above, subject to any amendments thereto. C. County shall continue to pay Contractor at the hourly fee rates set forth in Additional Provisions Paragraph 1. (Payment Amounts) , not to exceed 727 hours of service for hours scheduled between 8:OO a.m. and 12:00 p.m. , and not to exceed 11 eight hour on-call shifts scheduled between 12:00 p.m. and 8:00 a.m. , subject to the six-month Payment Limit specified above. Initials: C ractor County Dept. 3 ADDITIONAL PROVISIONS Number 24-567-6 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.: C actor C my Dept. 4 ATTACHMENT A CONTRA COSTA HEALTH PLAN SUBCONTRACT REQUIREMENTS Number: 24-567-6 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: Con actor C ty Dept. -1- • 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: C actor C6,Aty 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 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. Initials: C actor CdWnty 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) .