HomeMy WebLinkAboutMINUTES - 07131993 - 1.72 r\3 1. 77 ?77 ?
TO: BOARD OF SUPERVISORS
FROM:
Mark Finucane, Health Services Director 11A ~{ Contra
By: Elizabeth A. Spooner, Contracts Administrator Costa
DATE: July 1, 1993 County
SUBJECT: Approval of Mental Health Specialist Contract #24-567-4
with James S. Goodman, M.D. .^/l
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION J
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute on
behalf of the County, Mental Health Specialist Contract #24-567-4 with
James S. Goodman, M.D. , with a payment limit of $16,834, for the
period from July 1, 1993 through August 31, 1993 , for provision of
psychiatric services for County's patients at Merrithew Memorial
Hospital (J-Ward) .
II. FINANCIAL IMPACT:
Funding for this Contract is included in the Department's Fiscal Year
1993-94 Budget projections and the source of funding is
County/Realignment, off-set by Medi-Cal, Medicare, and insurance
billed by the Department.
The FY 1992-93 payment limit of Dr. Goodman's Contract #24-567-3 was
$95,950. Approval of this new FY 1993-94 Contract, with a payment
limit of $16, 834 , will result in a cumulutive twelve-month total in
excess of $25, 000, and therefore, Board of Supervisors approval is
required.
III. REASONS FOR RECOMMENDATIONSIBACKGROUND:
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 June 23 , 1992 , the Board of Supervisors approved Mental
Health Specialist Contract #24-567-3 with James S. Goodman, M.D. , to
provide specialized professional psychiatric services to County's
patients at Merrithew Memorial Hospital (J-Ward) through June 30,
1993 .
Approval of this Contract will continue Dr. Goodman's professional
psychiatric services through August 31, 1993 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TI N OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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) 3 9 3
CC: Health Services (Contracts) ATTESTED D
Risk Management Phil B helm,CMA of the Board of
Auditor—Controller Supervisors and County Administrator
Contractor
M382/7-e3 BY Cd DEPUTY
Contra Costa County Contract # 24-567-4
MENTAL HEALTH SPECIALIST CONTRACT Fund/Org.# 6314
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: 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 July 1, 1993 and it terminates
August 31. 1993 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed1S 6,834.
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 24-567-4 -
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 Code of Regulations, Title 9,
Subchapter 3, Section 523 eq seq. (Bronzan McCorcodale Act) .
13. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
By �. / By
Chairman/Designee
Dat
Approved County Administrator
By
RecommendpA By Department
By
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ADDITIONAL PROVISIONS
Number 24-567-4
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 252 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 4 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
County patients receive care. County shall also provide psychiatric. care by a qualified
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ADDITIONAL PROVISIONS
Number 24=567-4
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 concerningany 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.
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 withh lding
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ADDITIONAL PROVISIONS
Number 24-567-4
State and Federal income taxes and the employee portion of Social UuyA 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 wil� make ideductions
of State and Federal income taxes and the employee portion of Social Secur�i OY"Ata s 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 addto r�G
'tion, County will pay for'"'CCjj
Qru/ M �
the benefit of Contractor the employer portion of Social Security^ axes, as if the Contractor
were an employee. County will not deduct the employer portion of Social Secur y^taxes'lofrom a,
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.
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ATTACHMENT A
CONTRA COSTA HEALTH PIAN SUBCONTRACT REQUIREMENTS
Number: 24-567-4
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: C 4!le
Stockholders owning more than 10% of stock:
Creditors holding more than 5% of debt: Na t a
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.
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ATTACHMENT A
CONTRA COSTA HEALTH PIAN 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.
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ATTACHMENT A
-CONTRA COSTA HEALTH PLAN SUBCONTRACT REOUIREMENTS
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.
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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) .