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HomeMy WebLinkAboutSH17-017 INMATE MENTAL HEALTHCARE-HSA 2018-2019 vendor signatureThe Kittitas County Sheriff's Office Health Services Agreement For The Year 20182019 This Agreement is between Kittitas County through Kittitas County Sheriff's Office (hereinafter "Sheriff's Office") and Comprehensive Healthcare (hereinafter the "Provider") and shall be in effect from the date signed by both parties until December 31, 2019. The Sheriff or the Provider may terminate this contract provided -that at least_thirty-(30) days. -written -notice is given in advance_ of termination. -_Exceptions may be made if the Sheriff deems removal is necessary. This contract shall be to provide Mental Health care within KCCC as outlined below: Definitions: - - -A..---Practitioner: presumptively a- Psych iatric -Advanced -Registered -Nurse- Practitioner -(P ARNP-)-Ra- person who holds a current, valid license to practice as such in Washington State as defined in ---RCW-7-1.05.020 and _who -has -prescriptive-authority.-The Provider -may -substitute another --__ - licensed medical professional whose license status includes prescriptive authority sufficient to implement and maintain existing prescriptions appropriate to the mental health condition of inmate patients. Contract Provisions: 1. The Provider will supply a qualified Practitioner who will provide Mental Health related medical assessment and treatment to inmates of the Kittitas County Corrections Center (KCCC) according to established professional protocols and within their licensed capabilities, based on the assessment and recommendations made by the Mental Health Professional and/or other professionals who have evaluated the inmate. The Practitioner shall work one an half (1.5 ) hours every Thursday afternoon, starting with the first Thursday after the effective date of this contract. The one an half hour period shall not start earlier than noon or end later than 1700 (5:00 PIV). Provider and KCCC agree that variations within and deviations from the currently intended schedule that do not change the number of hours of service provided may be informally agreed upon due to the nature of KCCC operations, weather conditions, and other circumstances beyond the control of the parties. Provider may delegate appropriate authority to the Practitioner to address such necessary deviations. The KCCC on -duty supervisor shall be the designated point of contact for such communications. 2. Qualified Substitute: Provider may, with advance notice to the Sheriff's Office, if the designated Practitioner is not available for any reason, provide a substitute for the Practitioner of equal or greater qualifications. The period of notice shall be as much as reasonably possible, consistent with the circumstances that require the substitution. It is the intent of the parties that a specific substitute be designated and utilized to the greatest extent possible so that continuity of care is maintained and the background investigation referred to in Provision Eleven (11) may be conducted in a timely manner. 3. After passage of the scheduled time previously agreed upon pursuant to Provision Kone), any additional time required for patient care shall be charged at an hourly rate described below or Page 1 portion thereof in fifteen (15) minute increments as actually provided. 4. Each inmate shall have access to sick call by providing a written Request for Medical Services, signed by the inmate requesting the service. Those Requests for Medical Service that do not require the services of the Practitioner shall be returned to the Duty Supervisor for action. Indigent inmates shall not be denied access to medical care. 5. Payment for prescription medications shall be the responsibility of the inmate receiving the medication. Medications to sustain life or to prevent life threatening medical problems shall be permitted. All medications shall be at the expense of the inmate. Those medications for conditions other than life threatening shall be provided only if the inmate has funds to pay for such medications. The final decision as to the necessity of any medication pursuant to this provision shall be made by the Practitioner substitute. - -_- 6_ The Practitioner shall be responsible for logging all patients _seen and completing the Kittitas County Corrections Center Medical Services Log as well as individual patient charting. The Practitioner shall provide medical referral and obtain medical consultation as necessary. 7. The Provider shall provide telephone consultation to Corrections Staff regarding emergency inmate medical needs outside of regular sick call hours, but such telephone consultation shall be limited to the hours of 8:00am to 9:OOpm daily. Such telephone calls may be billed with a five (5) minute minimum of $2.50 per telephone call as actually provided. There will not be an actual call schedule, but as available. All other calls shall be referred to the local emergency room for assistance. 8. The compensation to Provider for these services is as follows: $125.00 per hour. In the event the Practitioner is subpoenaed to court regarding care given at the Kittitas County Corrections Center the hourly rate shall be paid for actual time spent preparing for court and testifying. The Practitioner shall be responsible for keeping an accurate and detailed time card accounting for all billable time. Time cards are turned in once a week and paid on or about the 5t" of the next month. The Provider and Sheriff's Office agree that in the event that no inmates have requested to be seen by the Practitioner, the "sick call" for that day as scheduled pursuant to Provision One (1) of this Agreement may be cancelled by telephone with two (2) hours notice and that there will be no charge for that cancelled sick call. For the purposes of this Provision, the Sheriff's Office official responsible for the determination and cancellation shall be the assigned Corrections Center Duty Supervisor for the shift during which the sick call is scheduled. 9. Kittitas County shall indemnify and hold harmless the Provider, its agents or employees from and against all loss or expense, including but not limited to judgments, settlements, reasonable attorney's fees and costs by reason of any and all claims and demands upon the medical provider for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, due to the negligence of Kittitas County, the Kittitas County Sheriff's Office, its elected officers, employees, volunteers, or other agents except such injury or damage as shall have been Page 2 occasioned by the sole negligence or willful misconduct of the Provider, its agents or employees. Kittitas County has insurance to cover the Provider during such times as the P -ARNP or qualified substitute is treating inmates of the Kittitas County Corrections Center pursuant to this agreement. Such insurance shall not cover patients who were not Kittitas County Corrections Center inmates and that were treated by the Provider outside of the Corrections facility. Provider shall defend, indemnify and hold harmless Kittitas County, the Sheriff's Office, its appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, reasonable attorney's fees and costs by reason of any and all claims and demands upon the County, the Sheriff's Office, its elected or appointed officials, agents or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Provider, its subcontractors, its. elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of Kittitas County, the Sheriff's Office, appointed or elected officials, agents or employees. It is ,further provided that no liability shall attach to Kittitas County by reason of entering -into this contract, - except as expressly provided herein. 10. The Sheriff's Office, through the Kittitas County Corrections Center, shall maintain basic medical supplies and items, which shall be used in the treatment of inmates of the facility. Such supplies shall include prescription forms, over the counter medications, first aid supplies, topical agents and such other supplies as deemed appropriate by the Provider. The Provider may delegate its role in this process to the P -ARNP. 11. The Practitioner shall be subject to a Background Investigation as determined by the Sheriff; this may include a polygraph test (see RCW 49.44.120). This will be conducted by whomever the Sheriff's Office deems qualified to complete. This can be done prior and anytime after the contract is signed by the Provider. The P -ARNP or qualified substitute may be subject to such background investigation or any part thereof more than once. 12. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 13. All services pursuant to this Agreement shall be furnished by the Provider as an independent contractor and nothing herein contained shall be construed to create a relationship of employer- employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Provider as an independent contractor. The Provider acknowledges that the entire compensation for this Agreement is specified in Sections 7 and 8, and that neither the Provider nor Practitioner is entitled to any Kittitas County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Provider will defend, indemnify and hold harmless Kittitas County, the Kittitas County Sheriff's Page 3 Office, their officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 14. Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the authorized agents of the parties. 15. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Provider to the Corrections Commander, Kittitas County Corrections Center, 205 W. 5th Ave. Suite #1, and to the Kittitas County Commissioners, 205 W 51h Ave, Suite 108, Ellensburg, WA 98926. Notice to the Provider for all purposes under this Agreement shall be given to the address or telephone number as the case may be reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 16. If any term _or- condition- of this Agreement- or the application thereof to any persr n(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the -terms and conditions of this Agreement are declared severable. 17. Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 18. This written contract represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 19. This Agreement is subject to public disclosure laws. This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on- site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. Dated this day of 2018 Y Gene Dana, Sheriff Page 4 Commissioner Chair Commissioner Vice -Chair Commissioner Comprehensive Healthcare PO Box 959 Yakima WA 98907 Jo ' M. aly a_tg-Iy DATE RECEI EU) MAR 2 2 2010 KITTITAS COUNTY SHERIFF ACCOUNTING Page 5 APPROVED AS TO FORM: D. Mitchell, WS �A # 22877 Deputy Prosecuting Attorney BUSINESS ASSOCIATE ADDENDUM EXHIBIT "A" TO THE CONTRACT TO WHICH IT IS ATTACHED This Addendum is incorporated into the contract to which this document is attached between Kittitas County Washington on behalf of the Office or Department thereof ("Covered Entity") and the other party or parties thereto ("Business Associate"). The singular shall include the plural and the plural the singular as required by the context. The Business Associate acknowledges and agrees that Protected Health Information (PHI) in any format, including electronic PHI (ePHI), can be used, shared, created, retained or transferred only within the parameters of this document and the Department of Health and Human Services Privacy Regulations, Code of Federal Regulations, ("CFR"), Title 45 Sections 160 and -164; or as required by law. CFR Title 45, Sections 160 and 164 and any applicable Washington statutory law ("RCW") or Administrative Code ("WAC") provision (Federal and State statutory or regulatory standards applicable to this -addendum _are collectively referred to as "law") ar"__ way of reference, an __ integral part of this Addendum as if incorporated in frill. Business Associate is charged with the knowledge of and agrees to abide by the terms and conditions of law. To the extent that any applicable provision of RCW or WAC provides for or mandates any standard differing from those of Federal law, the standard more restrictive of disclosure shall control subject to federal preemption; this applies throughout this Addendum without regard to any further explicit reference to RCW or WAC provisions. This Addendum is effective upon signing of this attachment or the contract to which it is attached, whichever is prior in time. I. PURPOSE The Covered Entity needs to make available and/or disclose to the Business Associate certain PHI for management, administration, and legal responsibilities during the normal course of business between the parties as referenced in the contract or other agreement to which this document is attached and incorporated by reference. This document is intended to define and incorporate but not limit the obligations of the Business Associate with regard to its use and protection of that PHI. II. RESPONSIBILITIES OF BUSINESS ASSOCIATE The Business Associate hereby agrees to do the following: A. Use and Disclosure: Use and/or disclose PHI only as permitted or required by this Addendum, Health Insurance Portability and Accountability Act (HIPAA), and the Health Information Technology for Economic and Clinical Health Act (Division A, Title XIII of the American Recovery and Reinvestment Act of 2009, Pub. Law 111-5, 2009 HR 1) ("HITECH"). The Business Associate shall use and disclose PHI only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e) or other law. The Business Associate is directly responsible for full B. A. A. Attachment Page 1 of 5 compliance with the privacy provisions of law that apply to the Business Associate to the same extent as the Covered Entity. B. Security: Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity as required by law. The Business Associate is directly responsible for compliance with the security provisions of HIPAA and HITECH to the same extent as the Covered Entity. - C. Improper Disclosures: Report all unauthorized or otherwise improper disclosures of PHI, or security incident, to the Covered Entity within two (2) days of the Business Associate's knowledge of such event. D. Notice of Breach: Within two (2) business days of the discovery of a breach as defined at -- - - 45 CFR §164.402 -notify the Covered Entityofany-breach of unsecured PHI. Notification shall by the most rapid means reasonably possible, such as telephonic notice made directly to an appropriate personwithin the covered entity an�ic not including a voice mai similar message. Written notification shall follow within that two (2) period by fax and be confirmed by direct contact with the intended recipient, and include the identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured PHI that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; a brief description of what the Business Associate is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Business Associate for individuals to ask questions or learn additional information, which shall include a toll free number, an e- mail address, Web site, or postal address; and any other information required to be provided to the individual by the Covered Entity pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as discovered in accordance with the terms of 45 CFR § 164.410. The information shall be updated promptly and provided to the Covered Entity as requested by the Covered Entity, E. Mitigation: Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Addendum or the law. F. Agents: Ensure that any agent, including all of its employees, representatives, and subcontractors, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity agrees to the same restrictions and B. A. A, Attachment Page 2 of 5 conditions that apply through this Addendum to Business Associate with respect to such information. G. Right of Access: 1. From time to time upon reasonable advance notice, or upon a reasonable determination by Covered Entity that Business Associate has potentially or actually breached this Addendum, make internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate - - on behalf of Covered. Entity. available to the Covered Entity, or. at the -request of the - Covered Entity to the Secretary of Department of Health and Human Services, for the purpose of determining compliance with HIPAA, HITECH, and/or this Addendum. 2. From time to time upon reasonable advance notice, or upon a reasonable - determination by Covered Entity that Business Associate has potentially or actually breached this Addendum, to permit Covered Entity to respond to a request by an -Indivi dal for an accounting ofdisclosures of -PHI in accordance with 45 -CFR § 164.528, or to permit Covered Entity to respond to a request by an Individual for access to PHI in accordance with 45 CFR § 164.524. H. Documentation of Disclosures: Document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164,528. Should an individual make a request to Covered Entity for an accounting of disclosures of his or her PHI pursuant to 45 CFR § 164.528, Business Associate agrees to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c) (1) and 45 CFR § 164.528, of disclosures of PHI that have been made by the Business Associate acting on behalf of the Covered Entity. The accounting shall be provided by the Business Associate to the Covered Entity or to the individual, as directed by the Covered Entity. I. Amendments: Make any amendments to PHI that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity, within five (5) business days of written request by Covered Entity. Other: To the extent the Business Associate is to carry out one or more of the covered entities obligations under Subpart E of 45 CFR 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligations. III, PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE A. Except as otherwise limited in this Addendum or by law, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. The Business Associate shall limit its use and disclosure of, and requests for, PHI to the minimum necessary as determined in accordance with 42 U.S.C. § 17935(b)(1), B. A. A. Attachment Page 3 of 5 B. Except as otherwise limited in this Addendum or by law, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 45 CFR § 164.504.(e)(2)(i)(B). IV. TERM AND TERMINATION A. Term: This Addendum shall become effective on the Effective Date and shall continue in effect until all obligations of the parties have been met, unless terminated as provided herein or by mutual agreement of the parties B. Termination for Cause: Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity may provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Addendum if Business Associate does not cure the breach or end the violation within five (5) business days of receipt of written notice by the Covered Entity, or immediately terminate this Addendum if Business Associate has breached a material term of this Addendum and cure is not possible:. -- - - --- --- C. Other Termination: This Addendum may be terminated by Covered Entity without cause upon thirty (30) days prior written notice to the other party, which notice shall specify the date of termination. D. Effect of Termination: Except as provided in paragraph B. of this Section, upon termination of this Addendum, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate, Business Associate shall retain no copies of the PHI. Destruction must be by means that meet or exceed the standards of law. In the event that Business Associate determines that returning or destroying the PHI is not feasible, Business Associate shall extend the protections of this Addendum to such PHI and limit further disclosures of such PHI to those purposes that make return or destruction infeasible, for so long as Business Associate maintains such PHI. Business Associate must provide written notice of the conditions that make return or destruction not feasible; if Covered Entity does not concur in that assessment, Business Associate shall return or destroy the PHI within five (5) business days. V. MISCELLANEOUS A. Defense and Indemnification: Business Associate shall defend, indemnify and hold harmless Covered Entity from and against all claims, liabilities, judgments, tines, assessments, penalties, awards or other expenses, of any nature whatsoever, including without limitation attorneys' fees, expert witness fees, and costs of investigation, litigation, or dispute resolution, relating to or arising out of any breach of this Addendum by Business Associate, its employees, officers, agents, or sub -contractors. This provision B. A. A. Attachment Page 4 of 5 is supplemental to and to be interpreted and applied in a manner consistent with, any indemnification provision of the agreement to which this Addendum is attached. B. Reimbursement for Costs Incurred Due to Breach: Business Associate shall reimburse Covered Entity, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured PHI by the Business Associate, including mitigation. C. Regulatory References: A reference in this Addendumto_a Section in the Department of Health and Human Services Privacy Regulations, CFR, Title 45, Sections 160 and 164 means the Section as in effect or as amended, and for which compliance is required. D. Amendment: Changes in the law are automatically incorporated herein without need for explicit amendment. The Parties agree this this Addendum may be amended from time to time if otherwise necessary for Covered Entity to comply with the requirements of the Department of Health and Human Services Privacy Regulations, CFR, Title 45, Sections 160 and 164 and other provisions of law. E. Notices: Whenever Covered Entity or Business Associate is required to give notice to the other party, notice shall be in writing, posted in the US Mail, and deemed delivered after three (3) business days except as described in Il. D., above. F. Survival: The obligations of the Business Associate shall survive the termination of this Addendum. G. Interpretation: Any ambiguity in this Addendum shall be resolved in favor of ameaning that permits Covered Entity to comply with the Department of Health and Human Services Privacy Regulations, CFR, Title 45, Sections 160 and 164 and other provisions of law. Any provision of the Underlying Agreement that is directly contradictory to one or more terms of this Addendum is superseded by the terms of this Addendum to the extent necessary for the parties' compliance with HIPAA. B. A. A. Attachment Page 5 of 5