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HomeMy WebLinkAboutSH20-005 Comprehensive Healthcare-MAT - MOAMemorandum of Agreement between Kittitas County Jail and Comprehensive Healthcare This Memorandum of Agreement ("MOA") is made and entered on the 1st day of December 2019, by and between Kittitas County Jail and Comprehensive Healthcare, herein after referred to as "Comprehensive." Comprehensive and Kittitas County Jail are committing to participate in a Hub and Spoke model of care to address the growing opioid abuse crisis within our community. Comprehensive will operate a Hub with six Spokes providing a variety of interventions to increase the use of Medication Assisted Treatment (MAT). Kittitas County Jail will operate as one of the Spokes referring inmates to the Hub via the Spoke Navigator for screening and services. MUTUAL GOALS AND OBJECTIVES • The overall objective of this MOA is to increase the number of services provided to individuals with an Opioid Use Disorder (OUD) utilizing MAT inducing patients with Suboxone, Vivitrol or Methadone. • A goal of 300 new MAT inductees annually is proposed for the entire Hub and Spoke project across Yakima and Kittitas Counties. • Comprehensive and Kittitas County Jail will work collaboratively to identify potential patients for MAT services. • Comprehensive and Kittitas County Jail will develop communication protocols to ensure timely engagement and low barrier services with potential patients/inmates. • Comprehensive and Kittitas County Jail will participate in regularly scheduled meetings to establish processes, monitor progress and improve procedures. • Comprehensive and Kittitas County Jail will work collaboratively with the other network Spoke agencies as well as referrals to communicate progress, assess effectiveness and learn from each other. • Comprehensive and Kittitas County Jail will share data and patient specific information in service to the Hub and Spoke initiative within the guidelines of HIPPA and 42CFR Part 2. • Comprehensive and Kittitas County Jail will collect and report on data as per the contractual agreement. H&S MOA KCJ Page 1 The MOA shall remain in effect unless and until tenninated as provided in Section X below. 1. Scope ofAgreement A. Comprehensive agrees to undertake the following responsibilities with respect to this MOA: 1. Comprehensive will develop and maintain a Hub in service to each of the Spoke organizations. 2. Comprehensive will establish leadership and direct service personnel within the Hub. These will include but may not be limited to; Hub Administrator, Spoke Care Navigators, Medical Provider, Peer Support Specialist. 3. Comprehensive will provide a staff member to reside within Kittitas County Jail to assist broadly with imnate identification, engagement, follow up, induction support and any other client care treatment needs. 4. Comprehensive will establish policy and procedures defining the role of the Hub and expectations of the Spoke activities. 5. Comprehensive will establish regular Spoke meetings with provider agencies to track progress and identify potential patients. 6. Comprehensive will develop, maintain and work from a database of critical information that supports an increase in MAT inductions. 7. Comprehensive will provide reports to the Health Care Authority as per the timeframes and details defined within the contract. Comprehensive will collect information from the Spokes in service of these reports. B. Kittitas County Jail agrees to undertake the following responsibilities with respect to this MOA: 1. Kittitas County Jail will act as a Spoke within the Hub by providing a list of referrals from jail medical, jail classifications and kiosk to the network navigator for screening and potential services. 2. Kittitas County Jail will provide support and accommodate service activities of a Spoke Navigator assigned to the jail as defined by the contract and procedures defined through the Hub. 3. Kittitas County Jail will identify inmates who may benefit from MAT services and work collaboratively with the Hub and Spoke Navigator to engage inmates in treatment. 4. Kittitas County Jail will participate in Hub and Spoke regularly scheduled meetings. H&S MOA KCJ Page 2 5. Kittitas County Jail will collect data and provide relevant inmate information to assist the Hub in reporting of progress to the HCA as per the contract. C. JOINT RESPONSIBILITIES AND ACKNOWLEDGEMENTS 1. In performing the duties described above, each party shall exercise independent professional clinical judgment free and clear of any directional control by the other; provided, however that the parties' actions do not conflict with the generally accepted medical practice. In providing administrative, supervisory, educational and all other duties not requiring independent professional judgment, Comprehensive shall perform such duties in conformity with the direction of Kittitas County Jail. 2. All providers employed or contracted by the parties shall retain sole and absolute discretion to refer patients to any provider(s) they believe will best meet the inmates health needs, and will advise inmates of the patient's right to request referral to any provider(s) the inmate chooses. 3. Both parties will maintain separate billing systems and electronic records systems. 4. Both parties agree to explore and pursue continued funding and sustainability alternatives. 5. To ensure the continuity of care of referred patients, the parties agree to cooperate in developing a method by which patient health information can be shared between the parties in accordance with applicable federal and state laws and regulations, including but not limited to Health Insurance Portability and Accountability Act ("HIPAA"), and the policies and procedures of each party. 6. The parties will determine the staff hours by mutual agreement, taking into consideration demand and staff capacity. The hours of operation may be altered by mutual agreement of the parties. 7. Both parties will orient and train their respective staff, as appropriate, on the purposes and goals of the referral relationship between the parties, as well as on any requested issue(s) deemed relevant to thisMOA. 8. Both parties will periodically meet and confer to foster improved access to care, continually improve quality of clinical care and care management, enhance provider -staff relationships, and to maintain an effective collaborative working relationship between the parties. 9. Both parties shall retain full control and supervision over their respective staff. 10. Both parties certify that it is not an "Ineligible Entity," which is defined for purposes of this MOA to mean an entity that (i) is debarred, suspended or otherwise excluded from Medicaid, Medicare, and/or any other applicable federal or state healthcare program (42 U.S.C. H&S MOA KCJ Page 3 § 1320a- 7(a)); or (ii) has been convicted of a criminal offense that falls within the ambit of 42 U.S.C. § 1320a -7(a), but has not been excluded, debarred, suspended, or otherwise declared ineligible. A party shall promptly notify the other party upon receipt of any notice, whether or not official, that the party has become or may become an Ineligible Entity during the term of this MOA. D. Anti -Kickback Provision 1. This MOA is intended to comply with the federal anti -kickback statute and the safe harbor regulations promulgated thereunder. Should any subsequently promulgated federal orstate statute or regulation be inconsistent with this MOA, the parties agree that they will immediately and in good faith renegotiate this MOA. 2. Nothing in this MOA requires, is intended to require, or provides payment or benefit of any kind (directly or indirectly) for, the referral of individuals or business to either party by the other party. 3. Neither party shall (i) require their health and health-related professionals to refer patients to one another (or to any other entity or person), or (ii) track such referrals for purposes relating to setting the compensation of their professionals or influencing their choice. 4. Each party may contractor otherwise affiliate with other parties. Both parties agree that there shall be no remuneration exchanged between the parties pursuant to this MOA. I. Communications/ Marketing Both parties agree to confer and, where possible, issue a joint statement in response to any press or other inquiries regarding the activities addressed under this MOA. Neither party shall use the name of the other party in any promotional or advertising material unless prior consent is obtained from the other party. IV. Investigation If there is a claim for damages that involves services provided under the auspices of this MOA, then each party will cooperate in any investigation into such matter by providing access to records, documents and witnesses, as permitted under applicable federal and state law. V. Insurance; Indemnification 1. Each party agrees to secure and maintain, or cause to be secured and maintained during the term of this MOA, Worker's Compensation and comprehensive general liability insurance for itself and its officers, directors, employees, contractors, and agents, consistent with prevailing standards. Each party agrees to include the other party as a named insured under its comprehensive general insurance policy. Each party agrees to secure and H&S MOA KCJ Page 4 maintain, or cause to be secured and maintained, at all times during this MOA's term, policies of professional liability (malpractice, errors and omissions) insurance and/or self- insurance of at least $1.000,000 per incident and $3,000,000 aggregate against professional liabilities for itself and for its employed and/or contracted health care personnel. If either party's general or professional liability insurance is written in a "claims made," as opposed to an "occurrence" form, such party agrees to purchase or otherwise make arrangements for a "tail" or extended disclosure period policy for all activities so insured during the course of this MOA. In lieu of the professional liability insurance coverage specified above, Kittitas County Jail, at is option, may provide assurance to Comprehensive that Kittitas County Jail or Comprehensive staff providing services at Kittitas County Jail, as applicable, have Federal Tort Claims Act coverage for professional liability actions, claims, or proceedings arising out of any and all negligent acts or omissions committed in the course of providing health services to patients at Kittitas County Jail. 2. Each party shall furnish evidence of insurance to the other party upon the other party's request, and upon the renewal of any required insurance coverage. 3. Each party will give the other party thirty (30) days advance written notice of any modification, termination, suspension, expiration, or relinquishment of insurance set forth in Section V(l). 4. Indemnification a. Comprehensive shall defend, indemnify and hold Kittitas County Jail, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of Comprehensive in performance of this Agreement, except for injuries and damages caused by the sole negligence of Kittitas County Jail. b. Kittitas County Jail shall defend, indemnify and hold Comprehensive its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of Kittitas County Jail in performance of this Agreement, except for injuries and damages caused by the sole negligence ofComprehensive. C. The indemnification obligations stated herein shall survive the termination or expiration of this MOA. VI. Confidentiality 1. The parties (and their employees, agents, and contractors) shall maintain the confidentiality of all patient information in accordance with all applicable state and federal laws and regulations regarding the confidentiality of such information, including, but not limited to, HIPAA. The parties shall comply with all requirements established by H1PAA regarding safeguarding and protecting individually identifiable health information from unauthorized disclosure, including any patient's individually identifiable health information. H&S MOA KCJ Page 5 2. Comprehensive has access to protected substance abuse information and is accordingly considered a Qualified Service Organization ("QSO") pursuant to 42 C.F.R. Part 2, and therefore Kittitas County Jail agrees to comply with certain mandatory provisions regarding the use and disclosure of substance abuse treatment information, as per 42 C.F.R. § 2.11, as follows: a. In receiving, storing, processing, or otherwise dealing with any protected substance abuse information disclosed by Comprehensive Kittitas County Jail is fully bound by the provisions of the federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2. Kittitas County Jail shall also be bound by similar provision of Washington State law contained at RCW ch. 70.96A and regulations promulgated thereunder. Notwithstanding the above, if Comprehensive discloses protected substance abuse information to Kittitas County Jail in violation of 42 C.F.R. Part 2 or RCW ch. 70.96A, Comprehensive agrees to defend and hold harmless Kittitas County Jail from any and all claims or losses arising out of Comprehensive's violation. b. Kittitas County Jail acknowledges that any unauthorized disclosure of information under 42 C.F.R. Part 2 is a federal criminal offense. 3. Except as necessary in this MOA's performance, or as authorized in writing by a party or by law, the parties (and their employees, agents, and contractors) shall not disclose to any person, institution, entity, company, or any other party, any proprietary business infonmation directly or indirectly related to a party that the other party (or its employees, agents, and contractors) receives under this MOA, or about which it otherwise is aware. The parties (and their employees, agents, and contractors) also agree not to disclose, except to each other, the other party's proprietary information, professional secrets or other information obtained under this MOA ("Confidential Information"), unless a party receives prior written authorization to do so from the other party, or as authorized by law. Nothing contained herein shall be construed to prohibit any appropriate government official from obtaining, reviewing, and auditing any information, record, data, and data elements to which he/she or his/her agency lawfully is entitled. Each party shall ensure that its employees or agents cease using the other party's Confidential Information and return any Confidential Information in its/his/her/their possession to the other party immediately upon termination of its/his/her/their participation hereunder. Each party hereto acknowledges and agrees that upon this section's breach by the other party, neither it nor its successor will have any adequate remedy at law and, therefore, the non -breaching party, and/or its successor, is entitled to injunctive relief in addition to any other available remedies. This section shall survive this MOA's termination. 4. The parties shall ensure that their respective employees, agents, and contractors are aware of and shall comply with the aforementioned obligations. H&S MOA KCJ Page 6 VII. Compliance with Law Both parties, in the performance of this MOA, shall comply with all applicable federal, state, and local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this MOA. VIII. Non Discrimination Both parties will not discriminate in their provision of services under this MOA on the grounds of an individual's race, creed, color, national origin, sex, sexual orientation, marital status, age, or the presence of any sensory, mental or physical disability. IX. Relationship of Parties Both parties are independent contractors and no joint venture, partnership, employment, agency, or other relationship is created by this MOA. Neither party is authorized to speak for or bind the other party unless specifically authorized by the other party to do so. Neither of the parties hereto, nor any of their respective officers, agents, or employees shall be construed to be the officer, agent, or employee of the other party. X. Termination 1. Termination without cause. Either party may terminate this MOA without cause, in whole or in part, at any time, upon at least sixty (60) days written notice to the other party. 2. Termination with cause. Either party may immediately terminate this MOA upon the occurrence of any of the following: a. A party's violation of law or regulation pertinent to this MOA. b. Any act or conduct for which any of a party's licenses, certifications or accreditations necessary to provide the contracted services may be revoked or suspended, or for which a party's ability to provide contracted services in accordance with this MOA isotherwise materially impaired. C. A party's misrepresentation or fraud. d. A party's failure to maintain insurance in accordance with this MOA. e. A party becomes an Ineligible Entity, as defined in Section I(C)(10). f. A party's material breach of any term of this MOA, subject to a thirty (30) day opportunity to cure and a failure to cure by the end of the thirty (30) day period. 3. MOA Renewal. The MOA will renew automatically except and under the conditions above. An annual review of the scope of the MOA will be done to ensure it continues to meet the needs of both parties. H&S MOA KCJ Page 7 XI. Notice Notice provided for in this MOA shall be sent by certified mail to the addresses designated for the parties on the last page of this MOA. XII. Dispute Resolution Any dispute arising under this MOA shall first be resolved by informal discussions between the parties, subject to good cause exceptions, including, but not limited to, disputes determined by either party to require immediate relief (i.e. , circumstances under which an extended resolution procedure may endanger the health and safety of the patients). Any dispute that has failed to be resolved by informal discussions between the parties within a reasonable period of time of the commencement of such discussions (not to exceed thirty (30) days), may be resolved through any and all means available. XIII. Assignment Neither party may assign its rights or obligations under this MOA, or delegate any duties. rights and obligations under this MOA, to any other person or entity, without the consent of the other party. Any assignment made contrary to this provision shall be void and this MOA will be immediately terminated. XIV. Third Party Beneficiaries Nothing herein is intended or shall be construed as creating any rights for any person or entity not a party hereto, including, but not limited to, any individuals receiving services pursuant to this MOA. XV. Jurisdiction and Venue 1. This MOA has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this MOA shal l be governed by the laws of the State of Washington, both as to interpretation and performance. 2. Any action at law, suit inequity, or judicial proceeding for the enforcement of this MOA or any provisions thereof shall be instituted and maintained only in any of the courts of competent jurisdiction in Washington. XVI. Severability The provisions of this MOA are not severable. In the event that any one or more provisions of this MOA are deemed null, void, illegal or unenforceable, the parties shall renegotiate or terminate the remaining provisions of this MOA, unless the parties mutually agree in writing that the invalidity, illegality or unenforceability of said provision does not materially change the obligations of the parties under this MOA, in which case this MOA shall be construed in all respects as if such invalid or unenforceable provisions have been omitted. H&S MOA KCJ Page 8 XVII. Counterparts This MOA may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. XIII. Entire Agreement The parties agree that this MOA is the complete expression of the terms hereto and oral representations or understandings not incorporated herein are excluded. Further, any modification of this MOA shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of this MOA and shall be cause for termination, as set forth in Section X. The parties agree that a waiver by a party to a breach of any of the provisions of this MOA shall not operate, nor be construed, as a waiver of any other or subsequent breach. IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed the day and year first herein above written. Kittitas County Jail 307 W Umptanum Rd Ellensburg, WA. 98926 � le Clay Myers, Sheriff Date H&S MOA KCJ Page 9 Comprehensive Healthcare 402 S. 4th Avcnue Yakima, WA 98902 Daly. CEO Date