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HomeMy WebLinkAboutMINUTES - 03111997 - C37 TO: BOARD OF SUPERVISORS FROM: William Walker, M.D. , Health Services Director By: Ginger Marieiro, Contracts Administrator Contra ` Costa DATE: February 27,, 1997 _ County SUBJECT: Approval of Advice Nurse Services Agreement Format SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION: Approve the Advice Nurse Services Agreement format and authorize the Health Services Director, or his designee (Milt Camhi) , to use and execute on behalf of the County, this format with various managed care organizations for the provision, by Contra Costa Health Plan (CCHP) , of professional Advice Nurse services . II . FINANCIAL IMPACT: Revenue generated by these Contracts will be used to offset the cost of CCHP' s advice nurse services . III . REASONS FOR RECOMMENDATIONS/BACKGROUND: The Advice Nurse Program was developed originally to service members of CCHP and patients of Merrithew Memorial Hospital and Health Centers . As other counties have developed managed care plans, each of which has a requirement to provide 24-hour telephone access to a physician or nurse, CCHP has been actively marketing Advice Nurse services to them. On September 7, 1994, the Board of Supervisors authorized the Health Services Director, or his designee, to execute on behalf of the County, the first Advice Nurse Services Agreement with Solano County, and negotiations are currently being completed for the sale of Advice Nurse Services with Sonoma and San Francisco counties . Under the terms of these agreements, CCHP Advice Nurses will provide the required telephone access, which may include : medical advice, authorization for emergency services, information about how to access urgent care services, and information about how to reach their doctor. CONTINUED ON ATTACHMENT: YES SIGNATURE: �} RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIG'NATURE(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: Milt Camhi (313-6004) CC: Health Services (Contracts) ATTESTED Risk Management Phil Bate 101',C N of tlie Board of Auditor-Controller Supervisors and County Administrator Contractor M382/7-83 BY DEPUTY `- Cohtra Costa County ADVICE NURSE SERVICES CONTRACT Number: 29-771 1. Contract Identification. Department: Health Services Department - Contra Costa Health Plan Subject: Advice Nurse Services 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Agency Requiring Service (Plan) mutually agree and promise as follows: Agency: SOLANO PARTNERSHIP HEALTHPLAN Capacity: Public corporation Taxpayer I.D. Not applicable Address: 421 Executive Court North, Suite A, Suisun City, California 94585 3. Term. The effective date of this Contract is October 1, 1994 and it terminates September 30, 1996 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by either party, at their sole discretion, upon one hundred and twenty (120) day advance written notice thereof to the other, or cancelled immediately by written mutual consent. 5. Plan's Obligations. In consideration of County's provision of services as described below, Plan shall reserve for services hereunder the estimated costs for services and shall pay County quarterly for services provided hereunder upon submission of a properly documented demand for payment, in accordance with the per-unit costs expressed in the Additional Provisions which is attached hereto and incorporated herein by reference. 6. County's Obligations. County shall provide Advice Nurse Services as set forth in the attached Additional Provisions. County will bill Plan quarterly as set forth in the Additional Provisions for the services it performs under this Contract. 7. Indemnification. A. The Plan shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation all consequential damages from any cause whatsoever arising from or connected with the operations or the services of the Plan hereunder, resulting from the conduct, negligent or otherwise, of the Plan, its agents or employees. B. The County shall defend, save harmless and indemnify the Plan and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation all consequential damages from any cause whatsoever arising from or connected with the operations or the services of the County hereunder, resulting from the conduct, negligent or otherwise, of the County, its agents or employees. 1 Contra Costa County ADVICE NURSE SERVICES CONTRACT Number• 29-771 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. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Section 26227. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SOLANO PARTNERSHIP HEALTHPLAN By By Designee (Designate official capacity) Recommended by Department By Designee Approved: County Administrator By Designee Approved: County Counsel By Designee 2 ADDITIONAL PROVISIONS Number 29-771 1. Scope of Services. County shall provide after hours Advice Nurse services to Members of the Solano Partnership Health Plan ("Plan Member(s) ") . 2. County's Obligations. County shall provide the following services: a. Advice Nurse Services. County shall provide licensed Registered Nurses who have the experience and qualifications to serve as Advice Nurses, as determined by County in its sole discretion. County's Advice Nurses will provide the following services to Plan Members: (1) Supply information about how to access urgent care services; (2) Authorize emergency services; (3) Give medical advice; and (4) As appropriate, forward a written record of the call to Plan Member's Primary Care Physician. b. Hours of Service. County shall provide Advice Nurse services in accordance with the following schedule: (1) From 5:00 p.m. to 8:00 a.m. , each Monday through Friday, except for holidays; and (2) Twenty-four (24) hours per day on Saturdays, Sundays, and Holidays, not to exceed a total of thirteen (13) holidays. The thirteen (13) holidays shall be designated by mutual agreement of County and Agency. It is understood and agreed that no services will be provided on any holiday that falls on a weekday and is not one of the thirteen (13) designated holidays. C. Telephone Access and Standards. (1) County shall provide a nationwide, toll-free dedicated telephone number for Plan Members to call. (2) County agrees to answer ninety percent (900) of all incoming calls to the toll-free number within three (3) minutes of the first ring. d. Brochures. County shall provide Agency with camera-ready artwork for one Member brochure and one County provider brochure, the contents of which will be mutually developed and agreed upon by County and Agency. Initials: - Plan County 1 ADDITIONAL PROVISIONS Number 29-771 e. Billing for Services. County shall bill Agency quarterly, at the end of each quarter, for services provided under this Contract. 3. Agency's Obligations. a. Referral of Plan Members. Agency. shall provide oral and written information to Plan members regarding the after hours Advice Nurse services and telephone number which are available pursuant to this Contract. b. Eligibility List. Agency shall provide to County, in the time, form, and manner requested by County, current lists of eligible Plan Members. C. Payment to County. Upon County's written submission of a quarterly invoice in the time, form, and manner acceptable to Agency and County, Agency shall pay County at the rate of forty cents (404) each month for each Plan Member who is included on Plan's Eligible List for a minimum of 18,000 members, regardless of the number of telephone calls received by County from eligible Plan Members. In any event, County shall be paid at least $7,200 monthly, or a quarterly payment of at least $21,600. County understands and agrees that in the event telephone calls are received from individuals who are not included on Agency's Eligible List, Agency will not pay County for any such calls. 4. Reports. The following reports shall be developed and provided in the time, form, and manner mutually agreeable to County and Agency: a. Agency shall provide to County monthly Emergency Room and Urgent Care cost and utilization information for Plan members in the Advice Nurse Program. b. County shall provide to Agency monthly reports that include information on average waiting times and data regarding initial intent versus outcome. 5. Advice Nurse Protocols. County shall provide copies of its Advice Nurse Protocols to Agency for review and approval only. County and Agency agree that the Advice Nurse Protocols are the property of County. Agency agrees not to duplicate the Protocols and to return the Protocols to County immediately upon termination of this Contract for any reason. Initials: - Plan County 2 ADDITIONAL PROVISIONS Number 29-771 6. Discrimination Prohibited. County shall not differentiate or discriminate in the rendering of services hereunder to Plan Members, nor shall County discriminate on the basis of race, religion, sex, disability, or age. County shall render health services to Plan Members in the same manner, in accordance with the same standards, and within the same time availability as offered to all its other patients, except as limited by existing Medi-Cal Program restrictions. 7. No Reimbursement From State. a. County and Agency agree to indemnify, defend, and save harmless the State of California, and their respective officers, agents, and employees from any claims or losses for materials and/or services rendered by any subcontractor, person, or firm performing or supplying services, materials, or supplies to County and Agency in connection with this Contract. b. County shall hold harmless the State of California, and Plan Members in the event Agency cannot or will not pay for covered services rendered by County pursuant to the terms of this Contract. 8. Records. County shall maintain for each Plan Member who receives covered services, a legible record of services rendered, kept in detail consistent with appropriate professional practice. County shall maintain such records for at least five years from the termination date of this Contract. 9. Inspection Rights. County shall make all books and records pertaining to the goods and services furnished pursuant this Contract, available for inspection, examination, audit or copying: a. By Agency's Consultant Team, the State Department of Health Services and the United States Department of Health and Human Services; b. At all reasonable times at County's normal place of business or at such other mutually agreeable location in California; C. In a form consistent with the general standards applicable to such book or record keeping; and d. For at least five (5) years from the termination date of this Contract. 10. Confidentiality of Member Information. Notwithstanding any other provision of this Agreement, names of persons receiving public social services are confidential and are to be protected from unauthorized disclosure in accordance with Title 42. CFR. Section 431.300 et seq. and Section 14100.2, Welfare and Institutions Code and regulations adopted thereunder. For the purposes of this Agreement, all information records, data and data elements collected and maintained for the operation of the Agreement and pertaining to Plan Members shall be protected by County and its staff from unauthorized Initials: - Plan County 3 ADDITIONAL PROVISIONS Number 29-771 disclosure, as set forth below and in Attachment A (Solano Partnership HealthPlan Declaration of Confidentiality) which is attached hereto and incorporated herein by reference. With respect to any identifiable information concerning a Plan Member under this Agreement that is obtained by County, County (1) shall not use any such information for any purpose other than carrying out the express terms of this Agreement, (2) shall promptly transmit to Plan all requests for disclosure of such information, (3) shall not disclose, except as otherwise specifically permitted by this Agreement, any such information to any party other than Plan, the U.S. Department of Health and Human Services, or the State Department of Health Services without the prior written authorization of Plan specifying that the information is releasable under Title 42, CFR, Section 431.300 et seq. and Section 14100.2, Welfare and Institutions Code and regulations adopted thereunder, (4) shall, at the expiration or termination of this Agreement, return all such information to Agency or maintain such information according to written procedures sent to County by Agency. 11. Subcontracts. County shall maintain and make available to Agency, the State Department of Health Services, and the U.S. Department of Health and Human Services upon request, all subcontracts of this Contract and shall ensure that all subcontracts are in writing and require that the subcontractor: a. Make all books and records pertaining to the goods and services furnished pursuant to the subcontract available at all reasonable times for inspection, examination, or copying by Agency, the U.S. Department of Health and Human Services and the State Department of Health Services; and b. Retain such books and records at least five (5) years from the termination of the subcontract. 12. Failure to Meet Obligations. Contract Paragraph 4. (Termination) notwithstanding, in the event that either Party defaults in the performance of any duties or obligations hereunder, including the inability or refusal to provide services hereunder, and the default or breach has not been cured within thirty (30) days of the nondefaulting Party's giving of written notice of default, specifying the nature of the alleged default or breach, the nondefaulting Party may give thirty (30) days written notice of intent to terminate this Contract. Initials• Plan County 4 ATTACHIIIENT A SOLANO PARTNERSHIP HEALTHPLAN DECLARATION OF CONFIDENTLALM Letter of Authorization Procedures Release/Access of DHS Computer Files for the Medi-Cal Program As a condition of obtaining access to information concerning procedures or other data records utilized/maintained by the Department of Health Services, County agrees not to divulge any information obtained in the course of assignment to unauthorized persons receiving Medi-Cal services such that the persons who receive such services are identifiable. Access to such data shall be limited to Solano Partnership HealthPlan, Solano Partnership's fiscal agent, State and Federal personnel who require the information in the performance of their duties, and to such other as may be authorized by the Department of Health Services. County recognizes that unauthorized release of confidential information may make subject to civil and criminal sanctions pursuant to the provisions of the Welfare and Institutions Code Section 14100.2. Signature Date