HomeMy WebLinkAboutMINUTES - 06032008 - C.101 TO: ; BOARD OF SUPERVISORS _ Contra
= . _ Costa
FROM: Silvano B. Marchesi, County Counsel
County
DATE: June 3, 2008
SUBJECT: Consent To Representation of CCHP by Foley &
Lardner, LLP and Waiver of Potential Conflict of Interest
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND
AND JUSTIFICATION
RECOMMENDATIONS
CONSENT to representation of the County by Foley & Lardner, LLP, in an administrative hearing
between County (CCHP) and Sutter Delta Medical Center in connection with emergency services claims filed
against CCHP by Sutter Delta for emergency services provided to CCHP patients.
CONSENT to waive a potential conflict of interest of Foley & Lardner, LLP in representing County
against Sutter Delta in the administrative hearing in connection with emergency services claims filed against
CCHP by Sutter Delta for emergency services provided to CCHP patients.
AUTHORIZE the County Counsel or his designee to execute the corresponding consent and waiver
documents.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Sutter Delta Medical Center filed a number of claims against the Contra Costa Health Plan alleging that
it is entitled to more money than it has already received for emergency services that Sutter Delta provided to
CCHP patients. These claims will be decided by the California Department of Health Care Services in an
administrative proceeding. CCHP has requested representation by Foley & Lardner in the administrative
hearings regarding this payment dispute.
Foley & Lardner has an existing client relationship with Sutter Health, the parent of Sutter Delta,
providing legal advice in various matters pertaining to labor, employment, litigation, and insurance coverage.
Foley & Lardner does not represent Sutter Health or Sutter Delta in the above-described payment dispute.
The representation of the County in the payment dispute would present potential conflicts of interest for
Foley & Lardner. Sutter Health has already been advised of the potential conflict and has signed a conflict
waiver to allow Foley & Lardner to represent the County in this payment dispute.
A
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
✓APPROVE OTHER
SIGNATURES Q.
ACTION OF BD N /l/ APPROVED AS
RECOMMEND O HER
VOTE OF SUPERVISO
XUNANIMOUS
(ABSENT )
6
AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND
ABSENT: ABSTAIN: CORRECT COPY OF AN ACTION TAKEN AND
ENTERED IN THE MINUTES OF THE BOARD OF
SUPERVISORS O"E DATE SHOWN.
ATTESTED
JOHN B. CULLEN, CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
AD INISTRATOR
cc: Contact: Pat Godley (957-5405)
Foley & Lardner (via County Counsel)
County Administrator BY
County Counsel DEPUTY
Health Services Department
HABoard Actions\CLOSED\Conflict Waivers\FoleyLardner Consent to waive
conflict.wpd
To: BOARD OF SUPERVISORS Contra
FROM: Silvano B. Marchesi, County Counsel =" ` A. Costa
County
DATE: June 3, 2008"
SUBJECT: Consent To Representation of CCHP by Foley &
Lardner, LLP and Waiver of Potential Conflict of Interest
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND
AND JUSTIFICATION
RECOMMENDATIONS
CONSENT to representation of the County by Foley & Lardner; LLP, in an administrative hearing
between County (CCHP) and Sutter Delta Medical Center in connection with emergency services claims filed
against CCHP by Sutter Delta for emergency services provided to CCHP patients.
CONSENT to waive a potential conflict of interest of Foley & Lardner, LLP in representing.County
against Sutter.Delta in the administrative hearing in connection with emergency services claims filed against
CCHP by Sutter Delta for emergency services provided to CCHP patients.
AUTHORIZE the County Counsel.or his designee to execute the corresponding consent and waiver
documents.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Sutter Delta Medical Center filed a number of claims against the Contra Costa Health Plan alleging that
it is entitled to more money than it has already received for emergency services that Sutter Delta provided to
CCHP patients. These claims will be decided by the California Department of Health Care Services in an
administrative proceeding. CCHP has requested representation by Foley & Lardner in the administrative
hearings regarding this payment dispute.
Foley & Lardner has an existing client relationship with Sutter Health, the parent of Sutter Delta,
providing legal advice in various matters pertaining to labor, employment, litigation, and insurance coverage.
Foley & Lardner does not represent Sutter Health or Sutter Delta in the above-described payment dispute.
The representation of the County in the payment dispute would present potential conflicts of interest for
Foley & Lardner. Sutter Health has already been advised of the potential conflict and has signed a conflict
waiver to allow Foley & Lardner to represent the County in this payment dispute.
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CONTINUED ON ATTACHMENT: YES SIGNATURE-
,,--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
r
SIGNATURE(S . .
ACTIONOF B( DON l�' J ` _� APPROVED AS
RECOMMEND O HER/
VOTE OF SUPERVISO S
UNANIMOUS �---
(ABSENT I )
AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND
ABSENT: ABSTAIN: CORRECT COPY OF AN ACTION TAKEN AND
ENTERED IN THE MINUTES OF THE BOARD OF
SUPERVISORS ON/TIDE DATE SHOWN.
ATTESTEDJOHN B.B. CULLEN, CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADMINISTRATOR
cc: Contact: Pat Godley (957-5405) ),
Foley & Lardner (via County Counsel)
County Administrator BY
County Counsel DEPUTY
Health Services Department
H:\Board Actions\CLOSED\Conflict Waivers\FoleyLardner Consent to waive
conflict.wpd