HomeMy WebLinkAboutWSALPHO and KCPHD Agreement 1Kittitas County
Review Form
Grants & Contract Agreement
Today's Date
02/15/2018
Fund/Department
116 -Public Health
Contract/Grant Information
Agenda Date
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IG IItI'A%0 ':
Contract /Grant Agency: Washington State Association of Local Public Health Officials and Kittitas County
Public Health Department
Period Begin Date: January 1, 2017
Period End Date: December 31, 2018
Total Grant/Contract Amount: $2,000.00 (approximately)
Grant/Contract Number:
Contract/Grant Summary:
The purpose of this AGREEMENT is to facilitate the operation of a statewide Random Moment Time
Survey that complies with the requirements of the LHJs' Cost Allocation Plan approved by the Centers
for Medicare and Medicaid Services (MAC), and the MAC contract between HCA and each participating
LHJ. The Agreement will also assist in oversight activities of the Health Care Authority (HCA) working
with the LHJ MAC Steering Committee to provide coordination and program compliance among
participating LHJs.
Recommendation for Board of Health and Board of Health Review on
Department Head Signature:
Administrator Date:
Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment:
APPROVED AS TO FORM:
Signature of Prosecutor's Office Date
Signature of Auditor's Office
Date
Signature of Board of Health member Date
Grant/Contract Review Page 1
Financial Information
Total Amount $
State Funds $
Federal Funds $
Percentage County Funds
Matching Funds $
CFDA#
In -Kind $
Explain
Is Equipment being purchased?
Who owns equipment?
New Personnel being hired?
Contact HR hiring — reporting requirements
Future impacts or liability to Kittitas County:
Budizet Information
Budget Amendment Needed?
Yes ❑ attach budget form
No xa why not
New Division Created?
Revenue Code 116.612.95.333.93.778
Pass Through Information
Agency to Pass Through
Amount to Pass Through $
Sub -Contract Approved Date:
Prosecutor Review
Has the Prosecutor reviewed this agreement? Yes ❑ No ❑
County Departments Impacted
Auditor Facilities Maintenance
Information Services Human Resource
Prosecutor Treasurer
Submitted
Signature: Date:
Department:
Assignment of Tracking Information
Auditor's Office
Human Resource
Prosecutor's Office
Who Signed the grant application
Grant/Contract Review Page 2
WASHINGTON STATE ASSOCIATION OF LOCAL PUBLIC HEALTH OFFICIALS -
KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT
AGREEMENT
This AGREEMENT formalizes the understanding between the Washington State Association of
Local Public Health Officials (WSALPHO) and Kittitas County Public Health Department
(KCPHD) regarding the operation of Medicaid Administrative Claiming (MAC) in Washington
State.
ARTICLE I
PURPOSE
The purpose of this AGREEMENT is to facilitate the operation of a statewide Random Moment
Time Survey (RMTS) that complies with the requirements of the LHJs' Cost Allocation Plan
approved by the Centers for Medicare and Medicaid Services (CMS), and the MAC contract
between HCA and each participating LHJ. The Agreement will also assist in oversight activities
of the Health Care Authority (HCA) working with the LHJ MAC Steering Committee to provide
coordination and program compliance among participating LHJs.
ARTICLE II
DEFINITIONS
Autflorized Representative: The person or persons authorized by the LHJ and WSALPHO to
coordinate activities under this AGREEMENT (the MAC Coordinator) will be the Point of
Contact for response to monitoring activities. Contact information for the LHJ and WSALPHO
Representative, or the person who will connect the caller to the Authorized Representative, is
found in Article III of this AGREEMENT.
Business Associatc: As defined in 45 CFR, Part 160.103, otherwise known as HIPAA, and
includes any entity that performs or assists in performing a function or activity involving the
uses/disclosures of individually identifiable Health Information or involving any other function
or activity regulated by HIPAA; or provides legal, accounting, actuarial, consulting, data
aggregation, management, accreditation, or financial service where the services involve
individually identifiable Health Information.
Business Days and Hours: Shall mean Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific
Time, except for holidays observed by the State of Washington.
Centers for Medicare and Medicaid Services CMS): A federal agency within the Department of
Health and Human Services responsible for the administration and oversight of the Title XIX
Medicaid Administrative Claiming program.
Consortium: LHJs are grouped into consortia based on similar duties staff perform,
organizational structure, types of programs, scope of work, or regional working relationships and
participate in a common Random Moment Time Survey (RMTS) together in order to achieve the
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level of statistical validity in the RMTS required by CMS. Each consortium composed of more
than one LHJ will identify a member LHJ to act as the Lead Agency for the consortium and
serve on the statewide LHJ Steering Committee. Each LHJ that is the sole entity in a
consortium, such as Public Health — Seattle & King County, will identify a single person to
represent it on the Steering Committee,
Cost Allocation Plan: A federally -approved plan describing the methodology and procedures for
claiming federal reimbursement for activities that are necessary for the efficient administration of
the State Medicaid Plan.
[ [calth Care Authority [HCA): The State agency responsible for administration and oversight of
the Medicaid Administrative Claiming program in Washington State.
HIPAA Rules: "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and
Enforcement Rules at 45 CFR Part 160 and 164.
Local Health Jurisdiction (LHJ): A signatory health department, health district, or county within
the State of Washington that operates a public health department or division within its county
government pursuant to authority granted under Chapters 70.05, 70.08, 70.46 RCW or other
applicable law.
LHJ MAC Contract: The legal agreement between HCA and the LHJ for participation in the
MAC program. The contract lays out the responsibilities of each party for ensuring program
compliance.
LHJ MAC Steering Committee: The LHJ MAC Steering Committee (Steering Committee)
functions as an advisory board working under the direction of WSALPHO leadership. The
Steering Committee provides broad oversight of the LHJ MAC program in Washington State and
acts as a point of contact for HCA staff.
Medicaid Administrative Claiming (MACS: Title XIX of the Social Security Act (the Act)
authorizes payments to states for expenditures necessary for the administration of the State
Medicaid Plan.
Proportional Share: The percentage paid by each LHJ to WSALPHO for the costs of the
WSALPHO Contractor and WSALPHO's administrative fee is based on the proportional share
of the total federal reimbursement paid to all LHJs for MAC activities for the most recent four
quarters for which there is complete data.
Protected Health Information: Shall have the same meaning as those terms in the HIPAA Rules.
Random Moment Time Study: A web -based system operated by WSALPHO's Contractor that
captures the activities that can be reimbursed under Medicaid Administrative Claiming via a
CMS -approved time survey methodology.
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Washington State Association of Local Public Health Officials: WSALPHO is a 501(c)3 private,
non-profit organization operating on behalf of Local Health Jurisdictions to advance the interests
of local public health in Washington State.
WSALPHO Contractor: Vendor contracted through WSALPHO to operate an RMTS and
claiming system [including offset, indirect rate, and Medicaid Eligibility Rate (MER)] for the
MAC program that is compliant with the currently approved LHJ Cost Allocation Plan and to
provide consultation and technical assistance to the Steering Committee and LHJs, as directed by
the Steering Committee.
ARTICLE III
AUTHORIZED REPRESENTATIVES
Kittitas County Public Health Department
WSALPHO
Robin Read
Jaime Bodden
Administrator
Managing Director
507 N Nanum St, Ste 102
206 10`i' Ave. SE
Ellensburg, WA 98926
Olympia, WA 98501
ARTICLE IV
RESPONSIBILITIES OF LOCAL HEALTH JURISDICTIONS
Local Health Jurisdictions participating in the Medicaid Administrative Claiming program will:
• Participate in the MAC claiming program through an inter -local AGREEMENT between the
LHJ and HCA, and participate in an RMTS operated by the WSALPHO Contractor.
• Participate in peer review or other quality assurance activities to ensure the program's
compliance with all federal regulations and federal and state published guidance.
• Name an employee to act as the MAC Coordinator who will oversee MAC activities at the
LHJ and monitor their compliance with federal and state regulations and published guidance,
including the RMTS and the development and updating of all non -fiscal documents required
for the MAC audit file.
• Name an employee to act as the MAC fiscal coordinator, who will oversee the development
of the quarterly MAC invoice, certify its accuracy, and maintain the fiscal sections of the
MAC audit file.
• The LHJ MAC Coordinator or designee will attend WSALPHO-sponsored trainings as
scheduled.
• The LHJ fiscal coordinator will attend WSALPHO-sponsored fiscal trainings as scheduled.
• The LHJ MAC coordinator will participate in regularly -scheduled Coordinator conference
calls convened by WSALPHO.
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ARTICLE V
RESPONSIBILITIES OF WSALPHO
WSALPHO will:
Procure a contractor to operate an RMTS and claiming system that complies with the most
current federally -approved Cost Allocation Plan.
• Provide assurance that this AGREEMENT, once executed by the parties, is and remains a
Public Record subject to the provision of Ch. 42.56 RCW, the Public Records Act.
• In conjunction with LHJ Steering Committee, will provide coordination and leadership of the
LHJ MAC program in Washington State to ensure quality assurance and consistency state-
wide.
ARTICLE VI
RESPONSIBILITIES OF MAC CONTRACTOR
The MAC Contractor will operate a MAC RMTS and claiming system for participating LHJs in
Washington State in accordance with a federally -approved cost allocation plan. The MAC
contractor will also provide consultation and technical assistance, as directed by the Steering
Committee.
The MAC Contractor will submit a proposed work plan that includes proposed tasks, staffing,
timeline, and associated costs to WSALPHO no later than November 15 of the preceding year
for review and approval by WSALPHO and the LHJ MAC Steering Committee, which will be
incorporated annually as an amendment to this AGREEMENT.
ARTICLE VII
INVOICE AND PAYMENT
The Contractor submits a quarterly invoice of actual costs to WSALPHO no later than 60 days
following the end of a calendar quarter to the designee of the LHJ Steering Committee who will
review calculations and approve proposed work for payment. Following approval for payment,
WSALPHO will invoice Public Health Seattle King County and Tacoma Pierce County Health
Department quarterly with the remaining participating LHJs invoiced their proportional share
semi-annually in January and August (for the prior six months), The invoice will link billed
tasks to the annual work plan. The budgeted annual costs for Contractor's services,
WSALPHO's administrative fee, and the LHJ's proportionate share are incorporated by
reference as Contractor Costs and LHJ Proportional Share for calendar years 2017 and 2018
(Attachment A).
WSALPHO receives a five percent fee based on the Contractor's budget to administer the MAC
program and coordinate the work of the LHJ MAC Steering Committee. WSALPHO will
reconcile this fee to the Contractor's actual cost and credit each LHJ its proportional share of any
overpayment. This adjustment will be applied to the LHJ's succeeding year invoice.
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ARTICLE VIII
PROTECTED HEALTH INFORMATION
WSALPHO acknowledges that some of the material and information that may come into the
possession or knowledge of its Contractor in connection with this AGREEMENT or its
performance may consist of Protected Health Information provided by participating LHJs.
WSALPHO, its employees, and its Contractors. WSALPHO agrees to maintain the
confidentiality of all information provided by the LHJ or acquired in performance of this
AGREEMENT as required by the Health Insurance Portability and Accountability Act of 1996,
commonly known as HIPAA, and Washington State privacy laws and further agrees not to use or
disclose Protected Health Information other than as permitted or required by the AGREEMENT
or as required by law. Contractor agrees to implement physical, electronic, and managerial
safeguards to prevent unauthorized access to Protected Health Information.
WSALPHO Contractors that may use the LHJ Protected Health Information in the course of their
work are considered to be a Business Associate of WSALPHO and the LHJ.
The LHJ reserves the right to monitor, audit, or investigate the use of Protected Health
Information collected, used, or acquired by Contractor through this AGREEMENT.
The obligations set forth in this Section shall survive completion, cancellation, expiration, or
termination of this AGREEMENT.
ARTICLE IX
INDEMNIFICATION
Each party shall indemnify, defend and hold harmless, each other, its officers, agents and
employees, from and against any and all claims, lawsuits, demands for money damages, losses or
liability, or any portion thereof, including attorney's fees and costs, arising from the negligent
acts or omissions of the parties, its employees, or representatives.
ARTICLE X
RIGHTS IN DATA
Records and other documents in any medium, furnished by one party to this AGREEMENT to
the other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose or make available this material to any third parties without first
giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each
party will utilize reasonable security procedures and protections to assure that records and
documents provided by the other party are not erroneously disclosed to third parties.
ARTICLE XI
RECORDS, DOCUMENTS, AND REPORTS
WSALPHO and its Contractor shall maintain books, records, documents, magnetic media,
receipts, invoices and other evidence relating to this AGREEMENT and the performance of the
services rendered, along with accounting procedures and practices, all of which sufficiently and
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properly reflect all direct and indirect costs of any nature expended in the performance of this
AGREEMENT. At no additional cost, these records, including materials generated under this
AGREEMENT, shall be subject at all reasonable times to inspection, review, or audit by the
LHJ. Records shall be retained for a period of six (6) years after the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
ARTICLE XII
TERM AND TERMINATION
This AGREEMENT is effective January 1, 2017, and will terminate 12/31/2018. Either LHJ or
WSALPHO may terminate this AGREEMENT for convenience with written notification to all of
the other signatories to the AGREEMENT no less than ninety (90) calendar days prior to the
beginning of a calendar quarter. The AGREEMENT may be extended for two-year periods with
the written consent of WSALPHO and the MAC Steering Committee.
ARTICLE XIII
AMENDMENTS
Modifications to this AGREEMENT must be in writing and will become effective upon the
approval of the modification by WSALPHO and LHJ.
ARTICLE XIV
INDEPENDENT CAPACITY
The employees or agents of WSALPHO or LHJ who are engaged in the performance of this
AGREEMENT shall continue to be employees or agents of that party and shall not be considered
for any purpose to be employees or agents of any other party to this AGREEMENT.
ARTICLE XV
SEVERABILITY
If any provision of this AGREEMENT or any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this AGREEMENT which can be
given effect without the invalid provision, if such remainder conforms to the requirements of
applicable law and the fundamental purpose of this AGREEMENT, and to this end the
provisions of this AGREEMENT are declared to be severable.
ARTICLE XVI
NO THIRD PARTY BENEFICIARIES
This AGREEMENT is entered into solely for the mutual benefit of the parties to this
AGREEMENT. This AGREEMENT is not entered into with the intent that it shall benefit any
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other person and no other such person shall be entitled to be treated as a third -party beneficiary
of this AGREEMENT.
ARTICLE XVII
DISPUTE RESOLUTION
If a dispute between any parties to this AGREEMENT arises out of or related to this
AGREEMENT, or the breach thereof, and if the dispute cannot be settled through direct
discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by
mediation. Thereafter, any unresolved controversy or claim arising out of or related to this
AGREEMENT, or breach thereof, may be settled in a court having jurisdiction thereof. The
parties may seek to resolve disputes pursuant to mediation or arbitration, but are not required to
do so.
ARTICLE XVIII
NOTICES
Whenever this AGREEMENT provides for notice to be provided by one party to another, such
notice shall be in writing and directed to the Authorized Representatives identified in Article III.
ARTICLE XIX
SURVIVORSHIP
The following clauses survive the termination of this AGREEMENT:
VIII Confidential Information
IX. Immunity, Indemnification, and Limitations
XIV. Severability
XV. No Third Party Beneficiaries
XVI. Dispute Resolution
ARTICLE XX
INSURANCE
WSALPHO shall ensure that any Contractor shall provide insurance coverage as set out in this
section. The intent of the required insurance is to protect WSALPHO should there be any claims,
suits, actions, costs, damages or expenses arising from any negligent or intentional act or
omission of the Contractor or subcontractor, or agents of either, while performing under the
terms of this AGREEMENT.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this AGREEMENT, as follows:
Commercial General Liability Insurance Policy: Provide a Commercial General Liability
Insurance Policy, including contractual liability, in adequate quantity to protect against legal
liability arising out of contract activity but no less than $1,000,000 per occurrence.
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Professional Liability Insurance: Provide a Professional Liability Insurance policy, including
contractual liability, in adequate quantity to protect against legal liability, but no less than
$1,000,000 per claim.
ARTICLE XXI
TERM
The AGREEMENT shall be effective January 1, 2017, and end December 31, 2018.
ARTICLE XXII
OTHER OR PRIOR AGREEMENTS
If WSALPHO and LHJ have a prior written AGREEMENT that relates to the subject matter of
this AGREEMENT, namely, MAC claiming, then, at such time that WSALPHO and said LHJ
both execute this AGREEMENT, such prior written AGREEMENT between them shall become
null and void and of no further force and effect.
ARTICLE XXIII
GOVERNING LAW
This AGREEMENT shall be interpreted, construed and enforced in accordance with the laws of
the State of Washington.
IN WITNESS WHEREOF, this AGREEMENT has been executed and approved and is effective
and operative by WSALPHO and LHJ as herein provided.
KCPHD
By:
Robin Read.
Administrator
Date:
WSALPHO
WE
Date:
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Jaime Bodden
Managing Director
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