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HomeMy WebLinkAboutMoA KC JailMemoraldum of Agreernent bctr,vcen Kittitas Countv Jail and Comnrehensive Healthcare This Memorandum of Agreernent ("MOA") is made and entered on the lst day of December 2019, by ancl between I(ittitas County Jail and Comprehensive Ileah.hcare, herein after referred to as "Corlprehensive. " Conrprchensivc and Kittitas County Jail are comrnitting to participate in a HLrb and Spokc rnodel of carc to addrcss the growing opioid abuse crisis within our con'ununity. Compreherrsive will operate a l{ub with six Spokes providing a variety of iulcrvontions to increase tlle use of Medication Assistcd Treatment (MAl). l(ittitas County Jail lvill opelate as ollc of the Spokes rcfetring inmates to the Hub via thc Spoke Navigator for screcning and sclvices. The overall ob_iectivc of this MOA is to increase the number olserviccs provrdcd to irrdividuals with an Opioitl Use Disolder (OUD) utilizing MAT inducing patients with Suboxone" VivitroI or Methadone. A goal of 300 new MAT inductees annually is proposec{ for the entire Hub and Spoke pr:oject across Yakinra ancl Kittitas Counties. Cornprchensive and Kittitas County Jail r.vill wor* collaborativcly to iderrtify potential patients for MAT services. Comprchensive and Kittitas County Jail will clevelop communication protocols to ensure timely er)gagement and lor,v banier services rvith potential paticnts/inrnates, Comprehensive and Kittitas County Jail will participate in regular'ly scheduled mcetings to establish processes, monitor progress and improvc procedures. Conrprehensive and Kiltitas County Jail wilt work collaborativcly with thc othcr netr,vork Spoke agencies as r,vell as refen'als to commllnicatc progress, assess effectiveness and learn from eachother. Comprchensive ancl Kittitas County Jail r,vill sharc data and patient spccific infbrrnration in service to thc i:lub and Spoke initiative within thc guidelines of HIPI,A ancl 42CFR Part 2. Comprehensive and Kittitas Counly Jail lvi1l collect and repofi on data as per the coutmc tual agreenrent. a H&S MOA KCJ Page 1 Thc MOA shall remain in effect nnless and until tenrrinated as plovided in Section X below 1. Scope ofAgreement A. Comprehensive agrees to undertake the follolying responsitrilities with resnect to this N{OA: 1. Comprehensive will develop and maintain a Hub in scrvicc to each of thc Spoke organizations. 2. Comprehensive will establish lcadership and direct servicc personnel within thc Hub. These will include bnt may not be limited tol hlub Administrator, Spoke Care Navigators, Vledical Provider, Peer Support Specialist. 3. Conrpreheusive rvill provicle a staff member to rBside within Kittitas County.Iail to assist broadly witlt imnate identification, engagement, follow up, incluction support and any othcr client care trcatment necds. 4. Cornprehensive will establish policy and procedures deFining ther-ole of thc llub and expectations of the Spoke activities. 5. Comprehensive will establish regular Spoke meetings with provider agencies to track progress and identify potential patients. 6. Con'rprehcnsive will clcvelop, maintain and work frorn a database of critical infornration that supports an increase in MAT inductions. 7. Conrprehensive will provide reports to the Health Care Authority as per the timefi'ames and details defincd within the contract. Contprehcnsive will collcct infor.rrtation fronr the Spokes in service of these l'eports. B. I(itlltas County.Iail agrees to undertake the following responsibilities witb respect to this MOA: 1. Kittitas County Jail wilI act as a Spokc',vithin the ll-rb by providing a list of refcrrals fi'orn jail rnedical, jail classifications arrd kiosk to the notwo(k navigator for screcning and potential services. 2. i(ittitas County Jail will provide support and accommodate service actir.ities of a Spoke Navigator assigned to tlie jail as defined by the contract and procedures defined through the FIub. 3. Kittitas County Jail will identify inmates who may benefit from MAT services and work collaboratively with the Hub and Spoke Navigator to engage inrnates in treatment. 4. Kittitas County Jail will participate irr l{ub and Spoke regrrlarly scheduled mcetings. H&S MOA KCI Page 2 5. Kittitas County .lail lvill collect data ancl provide relevant inmate inforrnation to assist ttre Hub in reporting of progress to the HCA as pcr thc contract. C. JOINT RESPONSIBILITIES AND ACKNOWLEDGEMENTS In perfonning the duties described above, each party shall exercise indepcndent professional clinicaljudgment free and clcar of any directional control by the other; provided, liowever that the parties' actions do not couflict'*,ith the generally accepted rnedical plactice. In providing adrninistrative, supervisory, educational and all other duties not lequiring independent professionaljudgnrent, Comptehensive shall perfbrm such duties in corrformity with the direction of I(ittitas County Jail. 2. A[l providcr-s crnployod or contracted by the parties shall retain sole and absolute discretion to refer patients to any provider(s) thcy bciievc will bcst mcct thc inmates hcalth nceds, antl rvill advise inmates of the patic'nt's riglit to request refbnal to anyprovider{s) the inmate chooses. 3. Both parties will rnaintain separatc billing systerns and electronic records systenrs 4. Both partics agrce to explore and pursue continued iurding and sustainability altcmative s 5. To ensute the continuity of care of rcfcrrcd patients, thc partics agrcc to coopcrate in cleveloping a melhod by i,r4iich patienl health inforrrration can be shared between tlre pafties in accordance rvith applicable federal and state laws and regulations, including but not limited to Health lnsurance Portability and Accountability Act ("HIPAA"), and the policies and procedures of each party. 6. The parties will determine the staff hours by mr"rtual agreement, taking into consideration demand and staff capacity. The hours of operation may bc altered by nrutrral agrcement of the parties. 7 . Both partics will orient and train their respective staff, as appropriate. on the purposes and goals of thc referral rclationship bctwecn the parties, as wcll as on any requested issue(s) deemed relevant to tlrisMOA. 8. Both parties will periodically mcet and confer to foster irnproved access to care, continually improve ryrality of clinical carc and care mallagemcnt, cnhance provider-staff relationsliilrs, and to maintain an effectivc collaborative working relationship between the parties. L Both parlies shall retain full control ancl snpervision over their respective staff. 10. Bolh parties certify that it is not an "lneligible Entity," which is defined for purposes of this MOA to tnean an entity that (i) is debarred, susperrdcd or othcrwise exclr.rded frorn Medicaid, Medicare , and"/or any othcr applicable federal or state healthcare program (42 U.S.C. H&S MOA KCI Page 3 $ 1320a- 7(a)); or (ii) has been convicted of a crirninal ofTense that falls within thc arnbit of 42 U.S.C. $ I 320a-7(a), but iras not been excluded, debared, suspended, or othenvise declared ineligible. A party shall promptly notify the other parly upon receipt of any notice, whether or not official, that the palty has become or may become an Ineligible Entity during the term of this MOA. D. Anti-Kickback Provision This MOA is intendcd to cornp{y witli thc federal anti-kickback statute and the saf'e harbor regulations promulgated thereundel. Should any subsequently promulgated fbderal orstate statute or regulation be inconsistent with this MOA, the parties aglee that they rvill imrnediately and in good faith rcnegotiate this MOA. 2. Nothing in this MOA requires, is intendecl to require, or plovides paynrent or bcnefit of any kind (directly or indirectly) {br, the refeual of individuals or business to either party by the other party. 3. Neither party shall (i) require their hcalth ancl health-relatcd profcssionals to rcfer paticnts to one another (or to ariy othcr entity or pcrson), or (ii) track such rcferrals for purposes relating to setting the compensation of their professionals or influenc-ing their choice . 4. Each party may contract or otherwise affiliate with other parties 5. Both parties agl'ee that lhere shall be l1o relnuneration exchanged between the parties pursuant to thisMOA. Communi cations/ l\{a rkef i n g Both parties agr€c to conftr and, whete possiblc, issrre a joint statement in response to any press or othet inquiries regarding the activities addressed under this MOA. Neither party shall use the nante of thc other party in any promotional or advcrtising materjal unless pr-ior conscnt is obtained from the other party. IV. [nvestigation If there is a claim fbr damages that involves services provicled under the auspices of this MOA, then each party will cooperate in any investigation into such matter by pro'r,iding access to records, documents and witnesses, as permitted under applicable fbderal 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 liabitity insurance for itself and its officers, directors, employe cs, contractors, and agents, collsistent with prevailing standar:ds. Each party agrees to include the other parly as a narned insured under its comprehensive general insurance policy. Each party agrees to secure and I, H&S MOA KCJ Page 4 maintain. or cause to be secured and maintaincd, at all times du'ing fhis MOA's tenn, policies of professional liability (malpractice, errols and omissions) insnrancc ancl/or self- insuranceof at least $1,000,000 per incident and $3,000,000 aggregate against professional liabilities for itself and for its ernployed 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 "occurrerlce" form, such party agrees to purchase or otherwise make arrangements tbr 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 ploviding seryices at Kittitas County Jail, as applicable, have Federal Tort Claims Act coverage for professional liability actions, claims, or proceedings arising out of any ancl all negligent acts ol' omissions committed in ttre course of providing health $ervices to patients at Kittitas County Jail. 2. Each party sliall funrish evidence of insurance to thc other party r.rpon the other paffy's rcquest, and upon the renewal ofany required insuLance coverago. 3. Each party rvill give the other party thifiy (30) days advancc wlitten notice of any rnodification, tcrmination, suspension, expiration, or re linquishnrent of insurance set iorth in Section V(l). 4. Indemnification a. Comprehensivc shall dcfend, indernnifu and hold Kittitas County Jail, its officers, officials. employees and volunteels harmless fi'om any and all claims" injruies, damages, losses or sirits including attorney f-ees, alising out of or rcsulting from il1s acts. enors, or omissions of Comprehensive in performance of this Agreernent, except for injuries and clamages caused by the sole negligence of Kittitas CountyJail. b. Kittitas County Jail shall defcnd, irrdcrnnify and hold Comprchensive its officers, officials, empioyees and volunteers harmless fiom any and :rll claitns, injuries, damages, losses or suits incltiding attorney t'ees, arising out of or resrrlting from the actso errors, or omissions nf Kittitas County Jail in performance of this Agreerrrent, except for injuries and damages caused by the sole negli gence ofCompreh ensive. c. The indernnification obligations stated herein shall surrrive the termination or expiration of this MOA. VI. Confidentiality The parties (and their enrployees, agertts, and contractors) shall maintain the conficlerrtiality of all patient informatiou in accordance with all applicable statc and fedcral laws and regutations regardir:rg the confidentiality of such infonnation, inclnding, but not limited to, IIIPAA. The parties shall comply r,vith all requircmcnts established by HIPAA regarding safegualding and protccting individually iclentifiable health information fi'om unauthodzed clisclosure, including any paticnt's individual ly i dent i fiable heal th information. H&S MOA KCJ Page 5 2- Comprehensive has access lo protectcd substancc abuse inforntation and is accordingly considered a Qr-ralified Service Organization ("QSO") pursuant to 42 C.F.R. Part 2, and therefore Kittitas County Jail agrrcs to conrply with certain mandatory provisions regarding the use and disclosure of substance abuse treatmcnt information, as per 42 C.F,R. $ 2. I l, as follows: a.In receiving, storing, processing, orotherwise dealing with any protccted substance abuse infomratiorr disclosed by Comprchensive Kittitas CountyJail is tully bound by the provisions of the fedelal regtrlations govetning Confidcntiality of Alcoholand Drug Abuse Patient Records, 42 C.F.R. Palt 2. Kittitas County.lail shall also be: bound by similar ptovision of Washingtol Statc law containcd at RCW ch.70.96A and r-egulations promulgated thereurder. Notwithstanding the above, if Comprehensive discloses protected snbstance abuse inforrnation to Kittitas County .Iail in violation of 42 C.F.R. Parl 2 or RCW ch. 70.964, Comprehensive agrees fo defend and hold hannless Kittitas County Jail from any and all clainrs or losses arising out of Comprehensive's violation. Kittitas County Jail acknowleclges that any unauthorized disclosure ofinfornration under 42 C.F.R. Part2 is a fecleral orinrinal offense. 3. Except as llecessaly in this MOA's pcrformance, or as authorized in writing by a party or by law, the parties (and theil employees, agents, and contractors) shall not disclose to any per$onr institutiorr, entity, company, or any other party, any proprictary business irrfcnnati<ln dircctly or indir-ectly rclated to a pafty that thc othcr party (ol its employees, agents, and contractors) receives under this MOA, or about lvhich it otherwise is aware. The parties (and their ernployees, agents, and contractots) also agree not to disclose, exccpt to each othcr, lhe other party's proprictary infbnlation, professional secrcts or othcr intbrnration obtained under this MOA ("Confidential Information"), unless a party reccives prior written authorizatioti to do so from the other party, or rrs authorizcd by law. Nothing containcd hercin sl-rall tre constr-ued to prohibit arly appropriatc governrnent official from obtaining, reviewing, and auditing any irrformation, recol'd, data, and data elements to rvhich he/she or his/her agency lawfully is entitled. Each pafiy shall ensure that its employees or agents cease trsing the other party's Corrfidential Infonnation and leturn any Confidential Inforrnation in its/hislher/their possession to the other par-ty imrnediately upon termination of its/his/her/their participation hereunder. Each party hereto acknowledges and agrees that upon this section's bleach by the other party, neither it nor its successor will have any aclequate remedy at law and, therefore, the non-breachirrg party, and/or its successor, is errtitled to injunc-tive relief in acldition to any other available rernedies. This section shall survive this MOA's termination. 4. The palties shall ensure that their respcctivc enrployees, agents, and contractors are aware of and shall comply with the aforementioned obligations. b H&S MOA KCI Page 6 VII. CompliancervithLaw Both parties, in the performance of this MOA, shall cornply with all applicablc fedcral, statc, and local laws and orclinances, including regulations for licensing, certificafion and operation of facilities, proglams and accreditation, and licensing of individuals, ancl any other stanclards or criteria as described in this MOA. VIIL NonDiscrinrination Both parties will not discrirninatc in their provision of services under this I\4OA on thc grounds of an individual's race, creed, colot, national origin, sex, sexual orientation, marital status, age, or the presence of any sensory, mental or physical disabiliry. lX. Relationship ofParties Both pafties are inclepcndenf contractots and no joint ventLue, partncrship, employment, agency, or other relationship is created by this MOA. Ncitliel party is authorized to speak for or bind the other party uniess specifically ar"rthorized by the other palty to do so. Neither of the parties hereto, nor any oftheir respective officers, agents, ol enrployees shall be conshued to be the officer. agerrt, or employee of the otlrer party. X. Termination 1. Termination without causc. Either party may terminatc this MOA without cause, in whole or in part, at any tirne, upon at lcast sixty (60) days written notice to thc other party. 2. Termination w'ith cause. Either party niay immediately terminate this MOA r4ron the occrlrrence of any of the following: a. b. A party's violation of lar.v or regulation pertincnt to this MOA. Any act or conduct for which any of a party's licenscs, certifications or accreditations necessary to provide the contracted services rnay be revoked or sr,rspended. or for which a pady's ability to provide contracted services in accordance rvith this MOA isotherwise materially impaired. A party's misrepresentation or f}aud.c. d. A party's failure to maintain insurance in accordance with this MOA. e. A party bcconrcs an Incligible Entity, as defined in Section I(CXI0). f. A party's rnaterial breach of any ternr of this MOA, sLrbject to a thirty (30) day opportunity to cllre and a lailure to cure by the end of the thifty (30) clay period. 3. MOA Renewgl. The MOA will renew arutoruatically except and under the conditions above. An annual review of the scope of the MOA will be done to onsure it continues to meet the neecls of both pailies. H&S MOA KCI Page 7 XI. Notice Notice provided for in this MOA shall be sent by celtified mail to the addresses designated fbr the parties on the last page of this MOA. XI,l. DisputeResolution Any dispute arising turiler this MOA shall first be rcsolved by infolmal discussions between the parties, subject to good calrse exceptions, including, but not limited to. disputes detennined by either party to require immediate relief (i.e. , circumstances under which an exlended resolution procedure may endanger the health and safcty of the patients). Any dispute that has failed to be resolved by informal discussions between the parties witliin a re asonable period of time of the corlmencement of snch discussions (not to exceed thirty (30) days), may be resolved through any and all means available. XUI. Assignment Neither party rnay assign its rights or obligations under this MOA. or delegate any duties. rights and obligations uuder this MOA, to any other person or entity, without the conseirt of the other party. Any assignment made contrary to this provision shall be void and this MOA r.vill be imnrediately terrninated. XIV. ThirdPartyBcneficiaries Nothing herein is intended or shall be construed as creating any rights {or any person or entity not a party hereto. inch"rding. br.rt not limited to, any individrrals receiving services pursuarrt to this MOA. XV. JurisdictionandVenue l. This MOA has been and shall bc construcd as having been rnade and delivered within the State of Washingfon and it is agrced lry each party hereto that this MOA shall be governed by the laws of the State of Washington, both as to interpretation and perfonnance. 2. Any action at law, suit in cquity, or jrrdicial procccding hrthc cnforcement of this MOA or any provisions thereof shall be institutcd and maintained only in any of thc coufls of competent j ulis d i ction in lVash ington. XVI. Severability Thc provisions of ttris MOA are not severable. in the event that any onc or tltol'c provisions of this MOA are decmed null. void, illegal or uncnforceable, the parties shall renegotiate or terminate the remainiug provisions of this MOA, unless the parties rnutually agree in writing that the invalidity, il[egality or unenforceability of said provision does not materially change the obligations of the partics under this MOA, in which case this MOA shall be constnreci in all respects as if such invalici or unenforceablc provisions have bcen omittsd, H&S MOA KCI Page B XV[. Counterparfs This MOA may be executcd in counterparts, each of which shall be deerned an original but all of which together shall constitute one and the same instrument. XlI. Entire Agreement The parties agree that this MOA is the compiete exprcssion of the terns hereto and oral repressiltations or understandings not incorporated herein are excluded. Further, any modification of this MOA shall be in writing and signed by both pafiies. Failure to comply with any of the provisions stated herein shall constitute material breach of this MOA and shall be cause for terminatiorr, as set fortJi 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, nol be construed, as a waiver of anyother or subsequent breach. IN WITNESS WI-IEREOF, the parties hereto have cansed this MOA to be executed the day and year first herein above written. Kittitas County Jail 307 W Umptanrun Rd Ellensburg, WA. 98926 Comprehensive Healthcare 402 S. 4th Avenuc Yakinra, WA 98902 Daly. CEO !?tqr,6 Yrya@lZfl I ,L3.lq Date H&S MOA KCI Page 9 Kittitas County Review Form Grants & Contract Agreement -r1+ Today's Date February 25,2020 March 3 2020 Agenda Date Fund/Department 30 / Sheriff Contract/G ra nt I nformation Contract /GrantAgency: Comprehensive Healthcare Period Begin Date: Upon Signature Period End Date: Until terminated by either party. Total Grant/Contract Amount : 50.00 Grant/Contract Number: SH20-005 Contract/Grant Summary: This MOA sets out the terms by which the Kittitas County Jail commits to supporting Comprehensive Healthcare with conducting a Hub and Spoke model of interventions to increase the use of Medication Assisted Treatment (MAT) for individuals who use/abuse opioids. Kittitas County Jail will operate as one of the Spokes referring inmates to the Hub for screening and services. Financial lnformation Bu lnformation Pass Through Information TotalAmount S0 State Funds S0 Federal Funds S0 Percentage County Funds Matching Funds 50 CFDA# NA ln-Kind S0 Expl ain ls Equipment being purchased? NO Who owns equipment? NA New Personnel being hired? NO Contact HR hiring - reporting requirements NA Future impacts or liability to Kittitas County: None Budget Amendment Needed? New Division Created? NO Yes ! attach budget form No B Why not No Cost Revenue Code NA Expense Code NA Agency to Pass Through NA Amount to Pass Through So Sub-Contract Approved Date Grant/Contract Review Page 1 Prosecutor Review Has the Prosecutor reviewed this agreement?Yes tr No CAMAS# 48404 Cou De rtments lm cted Submitted Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Signature: U--- t?*t'Date: 'L- Zt .-Lo ez Department: Sh6riff a Assignment of Tracki lnformation Auditor's Office Human Resource Prosecutor's Office *-i r--:\ -rb -zr?,'.e f zlz:l-o--", Who Signed the grant application I Reviewer Date Grant/Contract Review Page 2