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HomeMy WebLinkAboutDoc 408 - Sage View AgrmtDeschutes County Board of Commissioners 1300 NWWali St.; Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of August 22, 2012 DATE: July 25, 2012 FROM: Lori Hill, Adult Treatment Program Manager Nancy Mooney, Contract Specialist Phone: 322-7516 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document #2012-408, Agreement between St. Charles Health System, Inc. and Deschutes County Health Services (DCHS). PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: St. Charles Health System Inc. operates a facility that can serve up to fifteen (15) clients in need of short-term psychiatric care, also referred to as acute psychiatric care services. Acute psychiatric care services are services delivered to individuals who are suffering from a mental illness, or mental or emotional disturbance and are posing a danger to the health and safety of the individual or others. The intention of these services is to control or reduce the psychiatric symptoms or behaviors in order that the individual can return to a less restrictive environment. Since 2005, Deschutes County, on behalf of Crook and Jefferson counties has contracted with St. Charles to ensure indigent residents of our three counties have access to these services and the Sage View facility. The resources are subject to funding from the State of Oregon Office of Mental Health and Addiction Services. Under the terms of this contract, St. Charles agrees to provide acute psychiatric care services on an in-patient basis. (In-patient meaning that the individual remains at the facility until transferred to another facility or discharged.) Acute psychiatric care services may include: twenty-four (24) hour supervision and nursing care; health screening or medical care; psychiatric assessment; medication management; individual and group therapy; education regarding mental health and addiction issues; family involvement and transportation services between Sage View and St. Charles Hospital (Bend) as needed for medical or other services. In additional to the acute psychiatric care, St. Charles also agrees to provide post-commitment care for individuals who are civilly committed by a judge. This includes clients already admitted and return to the Sage View facility after a commitment hearing. Post-commitment care includes professional psychiatrist staff time, psychiatric medications, lab work and medical care. FISCAL IMPLICATIONS: Maximum compensation is $439,679 for acute psychiatric care services and $529,250 for post­ commitment care services. RECOMMENDATION &ACTION REQUESTED: Behavioral Health requests approval. ATTENDANCE: Lori Hill, Adult Treatment Supervisor DISTRIBUTION OF DOCUMENTS: Executed copies to: Nancy Mooney, Contract Specialist, Health Services DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: Department: IDeschutes County Health Services, Behavioral Healthl Contractor/Supplier/Consultant Name: 1st. Charles Health System, Inc.1 Contractor Contact: I Maryclair Jorgensen I Contractor Phone #: I 541-280-1141 Type of Document: IPersonal Services Contract.1 Goods and/or Services: Secure inpatient acute psychiatric care is provided to indigent residents of Deschutes, Crook and Jefferson counties at Sage View, a facility and program of St. Charles Health System, Inc. (St. Charles) Background & History: St. Charles operates Sage View as a secure inpatient psychiatric facility, serving residents of Central Oregon and others in need of acute psychiatric care. The facility has fifteen (15) beds to serve patients. Since 2005, Deschutes County, on behalf of Crook and Jefferson counties, has contracted with St. Charles to ensure indigent residents of our three (3) counties have access to these services and this facility. Under the terms of this contract, St. Charles agrees to provide in-patient psychiatric services to any and all indigent residents of our three (3) counties who need short term acute stabilization. Acute care services may include: twenty-four (24) hour supervision and nursing care; health screening or medical care; psychiatric assessment; medication management; individual and group therapy; psycho-education regarding mental health and addiction issues; family involvement; case management and transporation services between Sage View and St. Charles Hospital (Bend) as needed for medical or other services. St. Charles also agrees to provide Post-Commitment Care for individuals who are civilly committed by a judge. This includes individuals who are already admitted and return to the facility after a civil commitment hearing. This service includes professional staff time (psychiatrisUMD), psychiatric medications, lab work and medical care. Post­ Commitment Care shall be provided until transfer to a long-term care facility at the state hospital or discharge from the facility. Agreement Starting Date: July 1, 20121 Ending Date: I June 30, 20131 Annual Value or Total Payment: $439,679 for acute s chiatric care and $529,250 for ost-commitment care. C8J Insurance Certificate Received (check box) Insurance Expiration Date: I t -I I to, '3 6/25/2012 Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) ~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? ~ Yes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? D Yes ~ No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: L....-----l Departmental Contact and Title: I Nancy Mooney, Contract Specialist Phone #: I 541-322-7516 I Department Director APproval~III¥. ~'ittAc ~;7J,./l-- Signat e Date Distribution of Document: Return both originals to Nancy Mooney, Health Services Department Official Review: County Signature Required (check one): JXI BOeC Department Director (if <$25K) Administrator (if ~$25K but/l$15~K; if >$150K, BOee Order No. ____----I) Legal Review ---i1~ t JeaQ Date 7 -1(. -1'­ Document Number ~2=..:O~1:..::2,---4.:...:0=8_______ 6/25/2012 For Rec ording Stamp Only DESCHUTES COUNTY SERVICES CONTRACT CONTRACT NO. 2012-408 This Contract (the "Contract") is made and entered into by and between Deschutes County , a political subdivision of the State of Oregon, by and through Deschutes County Health Services, Behavioral Health Division, hereinafter referred to as "County," and St Charles Health System, Inc ., an Oregon non-profit corporation (hereinafter referred to as "Hospital"), doing business as Sage View, Federal Tax Identification No. 93-0602940, hereinafter referred to as "Contractor." WHEREAS, County and Hospital (or its predecessor in interest, Cascade Health Services, Inc.) have caused to be constructed an acute psychiatric treatment facility (hereinafter referred to as "Sage View") for Individuals in need of mental health services, including indigent individuals residing in Crook, Deschutes and Jefferson Counties and served under this Contract ; and WHEREAS, the parties agree that a crisis center and facility for acute psychiatric care and treatment of acute mental health patients is the preferred acute care model for mental health care and treatment in Central Oregon ; WHEREAS , Contractor operates the facilities therein; and WHEREAS , County is authorized pursuant to ORS 430.670 to obtain, by contract, the services necessary to conduct and operate a community mental health and developmental disabilities program; and WHEREAS, Contractor has available, or can provide Sage View facilities and staff for the performance of the services described in this Contract; and WHEREAS, Contractor has obtained and shall continue to qualify for approval from the Oregon Health Authority ("OHN) for purposes of providing services under this Contract; now, therefore, WHEREAS, County is authorized pursuant to ORS 426.241 and Service Element 24 (State of Oregon grant ­ Exhibit 5) to obtain, by contract, the emergency psychiatric care necessary for indigent residents of Crook, Deschutes and Jefferson counties (collectively, "Counties"); and IT IS HEREBY AGREED by and between the parties above mentioned, for and in consideration of the mutual promises hereinafter stated as follows: 1. Effective Date . This Contract is effective July 1, 2012 and, except as otherwise specifically provided herein, shall expire on June 30, 2013 unless earlier terminated or renewed by agreement of the parties . 2. Contractor's Services . This Contract will cover services as outlined below for: A. Acute Psychiatric Care: Both Contractor and County agree to adhere to the principles and agreements for this Contract as outlined in Exhibit 1. Contractor shall perform the services described as Acute Psychiatric Care in Exhibit 2 attached hereto and incorporated herein , as funded by and through the County's contract with the Oregon Health Authority (OHA). Services shall be financed in accordance with a schedule contained in Exhibit 2. For the full term of this Contract, Contractor agrees to the payment methodology as outlined in Section 8 and Exhibits 1 and 2 to provide service to all indigent Individuals residing in Crook, PAGE 1 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 DC -20 12 -4 0 8 Deschutes, and Jefferson Counties who meet admission criteria as defined in Exhibit 2. Contractor agrees to maintain this arrangement for the Contract period. Acute Psychiatric Care will include all bed days up to and including day of commitment if applicable. All days post-commitment will be covered under payment and services outlined in paragraph 2(b) below. If Individual is not committed, payment will include all bed days excluding day of discharge. B. Post-Commitment Care: Contractor shall perform the services described as Post Commitment Care in Exhibit 3 attached hereto and incorporated herein, as funded by and through the County's contract with the Oregon Health Authority (OHA). Services shall be financed in accordance with a schedule contained in Exhibit 3. For the period of July 1, 2012 -June, 30, 2013, Contractor agrees to the payment methodology outlined in Section 8 and Exhibit 3 to provide post-commitment service to all indigent Individuals residing in Central and Eastern Oregon Counties as defined in Exhibit 3. Any services funded beyond June 30, 2013, if approved, would be made by separate amendment to this Contract. 3. Regulations and Duties. Contactor shall comply with all applicable provisions of the County Financial Assistance Contract, including applicable Service Descriptions attached thereto, in place at the time this Contract is executed and effective July 1, 2011, (Contract #134309, the "Contract") between the Oregon Health Authority ("OHA") and Deschutes County, as the same may be amended, replaced and/or renewed from time to time. Contractor agrees to comply with the rules and regulations of County, applicable provisions in the Contract between County and the OHA, incorporated herein by reference, as of the effective date of such regulations, applicable provisions of the Administrative Rules and Procedures of the OHA, applicable Federal regulations and all provisions of Federal and State statutes, rules and regulations relating to Contractor's performance of services under this Contract. Any act or duty of County, imposed upon County by OHA, which, by the nature of this Contract, County determines to be within the scope of this Contract and is to be performed by Contractor, Contractor shall perform on behalf of County. No federal funds may be used to provide services in violation of 42 USC 14402. 4. Reporting. A. Contractor shall document the expenditure of all funds paid to Contractor under this Contract. Unless applicable federal law requires Contractor to utilize a different accounting system, Contractor shall create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit County and the Oregon Health Authority to verify how the funds paid to Contractor under this Contract were expended. B. Contractor agrees to prepare and furnish such reports and data as may be required by County and the Oregon Health Authority, including but not limited to records of Individuals which contain Individual's identification, problem assessment, Individual Service and Support Plan (including any training and/or care plan), appropriate medical information, and Individual Service Notes, including a service termination summary and current assessment or evaluation instrument as deSignated by the Oregon Health Authority in the administrative rules. Contractor shall retain records of Individuals in accordance with OAR 166-150-0005 through 166-150-0215 (State Archivist). Unless OAR 166-150-0005 through 116-150-0215 requires a longer retention period, records of Individuals must be retained for a minimum of ten (10) years from termination or expiration of this Contract. It is understood that due to the limited nature of Contractor's services under this Contract, not all of these documents will have been prepared by Contractor and therefore need not be furnished. Oregon Health Authority Client Process Monitoring System (CPMS) data, Community Mental Health Provider Report, and Termination Service Recording Form shall, if necessary, be completed in accordance with Oregon Health Authority requirements and submitted to Oregon Health Authority through County. Contractor agrees to, and does hereby grant County and the Oregon Health Authority the right to reproduce use and disclose for County or Oregon Health Authority purposes, all or any part of the reports, data, and technical information furnished to County under this Contract. Contractor shall make available to County, Oregon Health Authority and any patient of Contractor as defined in Exhibit 1, of this Contract, any and all written materials in alternate formats in compliance with Oregon Health Authority's policies or administrative rules. For purposes of the foregoing, "written materials" includes, without limitation, all work product and contracts related to this Contract. PAGE 2 OF 34 -BEHAVIORAL HEALTH PERSONAL SERVICES CONTRACT No. 2012-408 I C. Contractor shall prepare and furnish the following information to Oregon Health Authority when a Service is delivered: 1) Patient, Service and financial information as specified in the Service Description. 2) All additional information and reports that Oregon Health Authority or County reasonably requests. D. Contractor shall submit reports as requested by County. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: Contractor: St. Charles Health System, Inc. 2500 NE Neff Road Bend, OR 97701 Attn: Karen M. Shephard County: Deschutes County Health Services 2577 NE Courtney Dr. Bend, OR 97701 Phone: (541) 322-7535 Attn: Lori Hill 5. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract. A. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. 1) Contractor shall retain and keep accessible all books, documents, papers and records that are directly related to this Contract, the funds paid to Contractor hereunder or to any services delivered hereunder, for a minimum of ten (10) years, or such longer period as may be required. 2) If an audit, litigation or other action involving this Contract is started before the end of the ten-year (10) period, the records shall be retained until all issues arising out of the action are resolved. B. County, the Oregon Health Authority, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have the right to direct access to all of Contractor's books, documents, papers and records related to this Contract, the funds paid to Contractor hereunder, or any services delivered hereunder for the purpose of conducting audits and examinations, making copies, excerpts and transcripts. In addition, Contractor shall permit authorized representatives of County and the Oregon Health Authority to perform site reviews of all services delivered by Contractor hereunder. 1) These records also include licensed software and any records in electronic form, including but not limited to computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for Contractor's cost of preparing copies. 2) At Contractor's expense, the County, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives, shall have license to enter upon Contractor's premises to access and inspect the books, documents, papers, computer software, electronic files and any other records of the Contractor which are directly pertinent to this Contract. 3) If Contractor's dwelling is Contractor's place of business, Contractor may, at Contractor's expense, make the above records available at a location acceptable to the County. 6. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as follows: A. Contractor shall not use, release or disclose any information concerning any employee, patient. applicant or person doing business with the County for any purpose not directly connected with the administration of County's or the Contractor's responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, patient, applicant or person. PAGE 3 OF 34 BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 B. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and Contractor records understand and comply with this confidentiality provision. C. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid eligible individuals as privileged communication, shall hold such information confidential, and shall not disclose such information without the written consent of the individual, his or her attorney, the responsible parent of a minor child, or the child's guardian, except as required by other terms of this Contract. D. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not identify particular individuals. E. Personally identifiable health information about applicants and Medicaid recipients will be subject to the transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). F. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and security of records and for conducting transactions pursuant to HIPAA requirements. G. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance with HIPAA. H. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate Contract with County, which, if attached hereto, shall become a part of this Contract. I. Individually Identifiable Health Information about specific individuals is confidential. Individually Identifiable Health Information relating to specific individuals may be exchanged between County and OHA for purposes directly related to the provision of Services to Individuals which are funded in whole or in part under this Contract. Contractor shall maintain the confidentiality of Individuals' records as required by applicable state and federal law, including without limitation, ORS 179-495 to 179.507, 45 CFR Part 205, 42 CFR Part 2, any administrative rule adopted by the Oregon Health Authority, implementing the foregoing laws, and any written policies made available to Contractor by County or by the Oregon Health Authority. Contractor shall create and maintain written policies and procedures related to the disclosure of Individuals' information and shall make such policies and procedures available to County and the Oregon Health Authority for review and inspection as reasonably requested by County or the Oregon Health Authority. 7. County Monitoring and Site Visits. Contractor agrees that services provided under this Contract by Contractor, Facilities used in conjunction with such services, Individuals' records, Contractor's policies, procedures, performance data, financial records, and other similar documents and records of Contractor, that pertain, or may pertain, to services under this Contract, shall be open for inspection by County, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten (10) years, or such longer period as may be prescribed for such records and documents by the State of Oregon Archivist or until the conclusion of any dispute or proceeding related to the services under this Contract or involving the records of Contractor, whichever is longer. Contractor shall permit County and Department to make site visits upon reasonable notice to monitor the delivery of services under this Contract. 8. Payment of Contract. a. Acute Psychiatric Care County shall provide quarterly payments to Contractor as outlined in Exhibit 2 for rendering the services listed in this Contract. Funds may only be used for the delivery of the service or services set out in this paragraph unless written permission is granted to use the funds for other services in accordance with this Contract. Subject to Annual Payment Reconciliation and adjustment, for the period between and including July 1, 2012 through June 30, 2013, Contractor shall receive a total of $439,679 in four quarterly payments PAGE 4 OF 34 -BEHAVIORAL HEALTH PERSONAL SERVICES CONTRACT No. 2012-408 I (Exhibit 2) from County for Acute Psychiatric Care services to all indigent Individuals served during those twelve months. This payment arrangement for 2012-13 requires Contractor to comply with the conditions outlined in Exhibit 1 and 2 for all services described in this Contract. Reconciliation based on actual utilization of bed days will be made in accordance with "Annual Payment Reconciliation" in Exhibit 2. b. Post-Commitment Care County shall provide monthly payments to Contractor as outlined in Exhibit 3 for rendering the services listed in this Contract. Funds may only be used for the delivery of the service or services set out in this paragraph unless written permission is granted to use the funds for other services in accordance with this Contract. Notwithstanding the foregoing, for the period between and including July 1, 2012 through June 30,2013, Contractor shall receive no more than $529,250 in twelve (12) monthly payments (Exhibit 3) from County for Post-Commitment services to all indigent Individuals as defined in Exhibit 3 served during those twelve months. This payment arrangement for 2012-13 requires Contractor adhere to the conditions outlined in Exhibit 3 for all services described in this Contract. 9. Bed Day Rate. A. Acute Psychiatric Care: For the purpose of this Contract for Acute Psychiatric Care and extensions or renewals of this Contract, the Contractor and the County have established a Bed Day Rate to assist in calculating future payments if both parties agree to discontinue the heretofore described method of calculating compensation payable to Contractor and replace the same with a fee-for-service payment method. This calculation is based on a 2012-13 bed day rate of $695. This Bed Day Rate will be utilized to calculate any 'Annual Reconciliation Based on Actual Bed Day Usage' as outlined in Exhibit 2. Any change to this bed day rate will be indicated by amendment to this Contract. By mutual agreement between Contractor and County at time of initial contract for Sage View Acute Psychiatric Care services, an annual bed day rate increase will not exceed 5% in any calendar year through December 31, 2024. This provision, as well as the provisions of Section 32, shall survive termination of this Contract. B. Post-Commitment Care: For the purpose of this Contract for Post-Commitment Care and extensions or renewals of this Contract, the Contractor and the County have established a Bed Day Rate to assist in calculating future payments based on actual usage under this portion of the Contract and future negotiations with the OHA for continued services. This calculation is based on a 2012-13 bed day rate of $725. This Bed Day Rate will not affect payment or service levels for the 2012-13 service period. 10. Payments in Future Years beyond June 30, 2013. Not later than April 2013, Contractor and County shall meet to review the Contract and negotiate the program and reporting requirements, protocols and payment to be paid by County to Contractor beginning on and immediately after July 1, 2013. The parties may at that time also negotiate payment methods and amounts for one or more years after 2013. The County shall furnish Contractor with relevant information concerning OHA funds anticipated to be provided for services covered under this Contract, together with budgeted amounts, if any, of the County General Fund for such services. Contractor shall furnish relevant information concerning Contractor's costs and overhead related to performance of services covered by this Contract. The parties shall consider amounts previously paid by County under this Contract and determine whether and to what extent such payments have fairly compensated Contractor for such services. The parties shall also consider amounts paid and received by similar providers of acute psychiatric care for indigent mental health patients. In deciding the appropriate compensation level for future services, the parties shall consider adjustments in service levels or funding or both. PAGE 5 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 11. Mediation. If the parties cannot reach agreement in matters other than Section 15 of this Contract, they shall submit the matter to mediation. The parties shall agree upon a single mediator who is experienced in the area involving the dispute. If the parties are unable to agree on a mediator, each party shall submit two (2) to three (3) names of people acceptable as mediator to the Presiding Judge of the Deschutes County Circuit Court, who shall select the mediator from the list provided. Thereafter, the parties shall participate in the mediation process in good faith. If mediation fails to resolve the issue then either party may proceed to arbitration. 12. Arbitration. If the parties are unable to resolve the dispute over compensation by mediation, they shall submit the matter to arbitration as follows: Either party may at any time request final and binding arbitration of the matter, provided the parties have first tried in good faith to settle the matter by nonbinding mediation. A party may request arbitration by giving notice to that effect to the other party. The dispute shall be determined in Deschutes County, Oregon, by three (3) arbitrators, one selected by each party and the two (2) arbitrators selecting a third arbitrator. The arbitration shall be conducted in accordance with the rules of the Deschutes County Circuit Court Arbitration Program, except to the extent provided otherwise under Oregon laws on arbitration and as otherwise provided herein. All arbitrators shall be people having at least 10 years experience with health or behavioral health business transactions. Each party shall submit its position to the arbitrators, together with evidence thereon, and the arbitrators shall decide the issue and determine the prevailing party, which decision is final. On the application of either party, the award in the arbitration may be enforced by the order of judgment of a court of competent jurisdiction. 13. Recovery of Funds. Expenditures of Contractor may be charged to this Contract only if they: (1) are in payment for services performed under this Contract; (2) conform to applicable State and Federal regulations and statutes; (3) are in payment of an obligation incurred during the period of this Contract; and (4) when added to other compensation pursuant to this Contract are not in excess of 100% of the maximum amount detailed in Exhibit 1. If Contractor fails to provide an acceptable audit performed by a certified public accountant for federal funds received under this Contract, or if federal authorities demand the repayment of federal funds received under this Contract, County may recover all federal funds paid under this Contract, unless a smaller amount is disallowed or demanded. If Department disallows or requests repayment for any funds paid under this Contract due to Contractors' acts or omissions, Contractor shall make payment to the County of the amount disallowed or requested. In the event that the Department determines that County is responsible for the repayment of any funds owed to the Department by Contractor, Contractor agrees to make such payment within ten (10) days of notification by County or the Department of said determination by the Department. 14. Retention of Revenue and Earned Interest. Fees and third-party reimbursements, including all amounts paid pursuant to Title XIX of the Social Security Act by the aHA, for services rendered by Contractor, and interest earned on such funds in the posseSSion of Contractor, shall be retained by Contractor provided that it is expended for a mental health service which meets the standards of the aHA. 15. Withholding of Payments. Notwithstanding any other payment provision of this Contract, should Contractor fail to submit required reports required by Section 4(A) and Exhibits 1, 2 and 3 when due, or fail to perform or document the performance of contracted services, County shall immediately withhold payments under this Contract. 16. Termination. All or part of this Contract may be terminated by mutual consent of both parties, or by either party at any time for convenience upon three (3) months notice in writing to the other party. If the County initiates the termination, payment of the usual and customary expenses of termination shall be made to the Contractor. If the initial provider investment is substantial, this Contract may not be terminated by the County for convenience. The County may also terminate all or part of this Contract as specified below: A. With thirty (30) days written notice, if funding to the County from Federal, State, or other sources is not obtained or is not continued at levels sufficient to allow for purchase of the indicated quantity of services. The County will give more notice whenever possible. PAGE 6 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 B. With thirty (60) days written notice, if Federal or State regulations are modified or changed in such a way that services are no longer allowable for purchase under this Contract. C. Upon notice of denial, revocation, or non-renewal of any letter of approval, license. or certificate required by law or regulation to be held by the Contractor to provide a service element under this Contract. D. With thirty (30) days written notice, if Contractor fails to provide services. or fails to meet any performance standard as specified by the County in this Contract (or subsequent modifications to this Contract) within the time specified herein. or any extensions thereof. E. Upon written or oral notice, if County has evidence that the Contractor has endangered or is endangering the health and safety of Individuals, residents, staff, or the public. F. Failure of the Contractor to comply with the provisions of this Contract and all applicable Federal, State and local laws and rules which may be cause for termination of this Contract. The circumstances under which this Contract may be terminated by either party under this paragraph may involve major or minor violations. Major violations include, but are not limited to: 1. Acts or omissions that jeopardize the health. safety. or security of Individuals. 2. Misuse of funds. 3. Intentional falsification of records. In the case a failure to perform jeopardizes the safety and security of the Counties' (Deschutes, Crook and Jefferson) Individual{s), the Contractor and the County shall jointly conduct an investigation to determine whether an emergency exists and what corrective action will be necessary. Such an investigation shall be completed within five (5) working days from the date the County determines that such failure exists. In those circumstances where a major violation is substantiated, continued performance may be suspended by the County immediately. In all cases involving a major violation. a written notice of intent to terminate this Contractor shall be sent to the OHA and the Contractor found to be in violation. Minor violations usually involve less than substantial compliance with the general or special conditions of this Contractor. Continued substantial minor violations that threaten adequacy of services may be treated like a major violation. Prior to termination for major or minor violations, the Contractor shall be given a reasonable opportunity to refute the findings. If the problem is not corrected or remedied within thirty (30) days after the County has given written notice to the Contractor, or in the case the problem cannot be corrected or remedied within the thirty-day period the Contractor fails to commence and pursue corrective action with reasonable diligence and good faith, then the County may terminate this Contract or initiate other remedial action. Termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. 17. Encumbrance or Expenditure After Notice of Termination. Contractor shall not make expenditures, enter into contracts, or encumber funds in its possession that belong to the County, after notice of termination or termination as set out above, without prior written approval from County. County will continue to be obligated to pay for authorized services to the date on which termination takes effect. 18. Independent Contractor. Contractor is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: A Contractor will be solely responsible for payment of any Federal or State taxes required as a result of this Contract. PAGE 7 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 B. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences and procedures of performing the work, and shall be solely responsible for the errors and omissions of its employees, subcontractors and agents. For goods and services to be provided under this Contract, Contractor agrees to: a. perform the work in a good, workmanlike, and timely manner; b. comply with all applicable legal requirements; c. take all precautions necessary to protect the safety of all persons at or near Sage View, including employees and patients of Contractor and County; d. take full responsibility for wages and entitlements of Contractor's employees assigned to or furnishing services at Sage View. C. It is agreed by and between the parties that Contractor is not carrying out a function on behalf of the County, OHA or State of Oregon, and County, OHA and State of Oregon do not have the right of direction or control of the manner in which Contractor delivers services under this Contract or exercise any control over the activities of the Contractor. Contractor is not an officer, employee or agent of County as those terms are used in ORS 30.265. D. County is not, by virtue of this Contract, a partner or joint venturer with Contractor in connection with activities carried on under this Contract, and shall have no obligation with respect to Contractors debts or any other liabilities of each and every nature. E. The Contractor is an independent contractor for purposes of the Oregon Workers' Compensation law (ORS Chapter 656) and is solely liable for any Workers' Compensation coverage under this Contract. 19. Contractor and Subcontractors. Contractor agrees to make all provisions of this Contract with the County applicable to any subcontractor performing work under this Contract. Contactors who perform the work without the assistance of labor or any employee, as determined under ORS Chapter 656 and rules adopted pursuant thereto, need not obtain Workers Compensation coverage. 20. Constraints. A. The provisions of ORS 279B.220, 2798.230, and 279B.235, are by this reference incorporate and made a part of this Contract: a. Contractor shall pay employees for overtime work performed under this Contract in accordance and otherwise comply with applicable prOVisions of ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 ("FLSA") (29 U.S.C 201 et. seq.). B. This Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. C. Unless exempted under the rules, regulations and relevant orders of the Secretary of Labor, 41 CFR, Chapter 60, Contractor agrees to comply with all provisions of Executive Order No. 11246, as amended by Executive Order No. 11375 of the President of the United States dated September 24, 1965 as supplemented in Department of Labor regulations (41 CFR Part 60), Titles VI and VII of the Civil Rights Act of 1964 as amended, Sections 503 and 504 of the Rehabilitation Act of 1973 as amended and 45 CFR 84.4, which states, "No qualified person shall, on the basis of handicap, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance." Contractor will also comply with all applicable rules, regulations and orders of the Secretary of Labor concerning equal opportunity in employment and the provisions of ORS Chapters 659 and 659A. PAGE 8 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 D. If the limitation amount specified in this Contract for Title XIX Clinic Services exceeds $100,000, Contractor shall provide the State of Oregon with written assurance that Contractor will comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h), the Federal Water Pollution Control Act as amended (commonly known as the Clean Water Act) including but not limited to Section 508 of the Clean Water Act (33 USC 1368) Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15) which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. Violations shall be reported to the OHA, HHS and the appropriate Regional Office of the Environmental Protection Agency. E. Contractor shall comply with Federal rules and statutes pertaining to the Addictions and Mental Health (AMH) and Social Security (formerly Title XX) Block Grant(s); including the Public Health Services Act, especially sections 1914 (b)(1-5), 1915 (c)(12), 1916 (b)(2) and Public Law 97-35. F. The individual signing on behalf of Contractor hereby certifies and swears under penalty of perjury that she/he is authorized to act on behalf of Contractor. 21. Hold Harmless. Contractor shall indemnify, save and hold harmless and defend the State of Oregon, Human Resources Department, the County, and their Departments and their officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses, of any nature whatsoever, resulting from, arising out of or relating to the operations of Contractor, including, but not limited to the activities of Contractor, its officers, employees, subcontractors and agents under this Contract. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees, contractors. or agents under this Contract. 22. Insurance. Prior to the effective date of this Contract. Contractor shall obtain, at Contractor's expense, and maintain in effect all insurance requirements as outlined in Exhibit 4. Contractor may satisfy the requirements for liability insurance by obtaining from Hospital a defense. indemnity and hold harmless agreement, together with evidence of coverage under Hospital's program of self insurance and umbrella insurance policies for the defense and satisfaction of claims. In the event of unilateral cancellation or restriction by the insurance company of any insurance policy referred to in this paragraph, Contractor shall immediately notify County verbally and in writing. 23. Settlement of Disputes. Differences between a Contractor and County, or between contractors, will be resolved when possible at appropriate management levels, followed by consultation between boards, if necessary. Where resolution of such disputes is not achieved after consultation with the respective Boards of Contractor and County, the parties shall proceed with mediation and binding arbitration in accordance with Sections 10 and 11 of this Contract. 24. Financial Audit. Contractor shall provide County with a copy of each and every audit which it prepares in order to comply with the applicable audit requirements and responsibilities set forth in the Office of Management and Budget Circular A-133 entitled "Audits of States, Local Governments and Non-Profit Organizations." 25. Assignment. Contractor shall not assign this Contract, except to Hospital, without the prior written consent of County. 26. Renewal. This Contract may be renewed, subject to the following conditions: (1) renewal will be based on the County Annual Implementation Plan approved by the OHA, and (2) renewal is subject to the availability of funding. 27. Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. PAGE 9 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 28. Debt Limitation. This Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. A. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. B. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Contract. C. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: 1) Titles VI and VII of the Civil Rights Act of 1964, as amended; 2) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; 3) the Americans with Disabilities Act of 1990, as amended and ORS 659A.112 through 659A.139; 4) Executive Order 11246, as amended; 5) the Health Insurance Portability and Accountability Act of 1996; 6) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; 7) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; 8) ORS Chapter 659A, as amended; 9) all regulations and administrative rules established pursuant to the foregoing laws; and 10) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 11) all federal law governing operation of Community Mental Health Programs, including without limitation, all federal laws requiring reporting of patient abuse. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. No federal funds may be used to provide services in violation of 42 USC 14402. 12) Contractor shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). 13) If Contract maximum compensation, including amendments, exceeds $100,000 then Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h)), the Federal Water Pollution Control Act as amended (commonly known as the Clean Water Act) (33 U.S.C. 1251 to 1387), specifically including, but not limited to Section 508 (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency regulations (2 CFR Part 1532), which prohibit the use under non-exempt Federal contracts, grants or loans offacilities included on the EPA List of Violating Facilities. Violations shall be reported to the Oregon Health Authority, Human Services (HHS) and the appropriate Regional Office of the Environmental Protection Agency. 14) Contractor shall comply with applicable mandatory standards and policies relating to energy efficiency that are contained in the Oregon energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). 15) Contractor shall not knowingly and willfully make or cause to be made any false statement or representation of a material fact in connection with the furnishing of items or Services for which payments may be made by Department. 16) Contractor may not use the funds paid under this Contract for the following services: a) To make cash payments to intended recipients of health services; b) To purchase or improve land, to purchase, construct or permanently improve (other than minor remodeling) any building or other facility or to purchase major medical equipment; c) To satisfy any requirement for expenditure of non-federal funds as a condition for receipt of federal funds (whether the federal funds are received under this Contract or otherwise); d) With respect to Substance Abuse Prevention and Treatment Block Grant moneys only, to purchase services from any person or entity other than a public or non-profit entity; or e) To carry out any program prohibited by section 245(b) of the Health Onmibus Programs Extension Act of 1988 (codified at 42 USC 300ee(E). 17) Contractor may expend funds paid to Contractor under this Contract only in accordance with federal OMB Circular A-87 as that circular is applicable to allowable costs. 18) Contractor shall comply with the Pro-Children Act of 1995 (codified at 20 USC Section 6081 et. seq.). PAGE 10 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 ! 19) The above listed laws, regulations and executive orders and all regulations and administrative rules established pursuant to those laws are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. 20) Contractor shall comply with all mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource conservation and Recovery Act (codified at 42 USC 6901 et. seq.) Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of specific products containing recycled material identified in guidelines developed by the Environmental Protection Agency. Current guidelines are set forth in 40 CFR Parts 247­ 253. 27. Non-Discrimination. Contractor agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, disability, association, or age, suffer discrimination in the performance of this Contractor when employed by Contractor. Contractor agrees to comply with title VI of the Civil Rights Act of 1964, with section Vof the Rehabilitation Act of 1973 as implemented by 45 CFR Section 84.4, with the Age Discrimination Act of 1975 as amended, the Age Discrimination Act of 1974 as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1975 as amended and with all applicable regulations, administrative rules and requirements of federal and state civil rights and rehabilitation statues. Additionally, Contractor shall comply with Title II of the Americans with Disabilities Act of 1990 as amended (42 USC 12131 et. Seq.), ORS 30.670 to 30.685, ORS 659.425, ORS 659.430, and all regulations and administrative rules established pursuant to those laws in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with services delivered under the Contract. Unless exempted under 41 C.F.R. 60-1.1 to 60.999.1 (1997), the Contractor agrees to comply with all provisions of Executive Order No. 11,246, 30 F.R. 12319 (1965), as amended by Executive Order No. 11,375,32 F.R. 14303 (1967), reprinted in 42 U.S.C. 2000e (1994) and Executive Order No. 12,086, as supplemented by 41 CFR Part 60, and all applicable rules, regulations, and orders of the Secretary of Labor concerning equal opportunity in employment and the provisions of ORS Chapter 659. Contractor shall comply with all federal law governing operation of Community Mental Health Programs, including without limitation, all federal laws requiring the reporting of patient abuse. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. 28. Reductions in Contract Funding. A. Any funds spent by Contractor for purposes not authorized by this Contract shall either be paid directly by the Contractor to the County or, if not so paid, at the discretion of County, shall be deducted from future payments from County to the Contractor. Payments by County in excess of authorized amounts that have not been repaid by the Contractor within thirty (30) days after the Contract's expiration or after notification by the County, whichever date is earlier, shall be deducted from future payments from County to the Contractor. B. In the event that a statutorily required operating license or letter of approval is not extended or is suspended, County's obligation to provide reimbursement for services or program expenses hereunder related to services rendered without the necessary license or approval will cease on the date of termination of this Contract (whether in whole or in part) or the date of expiration or suspension of the license or letter of approval, whichever date is earlier. C. Any funds awarded to the Contractor pursuant to a fee-for-service payment method under this Contract that are not obligated and/or spent within the term of this Contract shall be cancelled and revert to the County. 29. Attorney Fees. In the event an action, suit or proceeding, including appeal there from, is brought for breach of any of the terms of this Contract, or for any controversy arising out of this Contract, each party shall be responsible for its own attorney's fees, expenses, costs and disbursements for said action, suit, proceeding or appeal. 30. Entire Contract. This Contract constitutes the entire Contract between the parties on the subject matter hereof. There are no understandings, Contracts, or representations, oral or written, not specified herein regarding this Contract. J PAGE 11 OF 34 BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 I 31. Survival. The provisions of paragraphs 3 to 12, 17 to 20, 23 to 27, and 29 and 30, shall survive the termination or expiration of this Contract. 32. 20·Year Dedicated Use. Notwithstanding any other provision of this Contract, Contractor and Hospital agree that the Sage View facility will for a period of not less than twenty (20) years be operated and maintained for the principal purpose of providing a psychiatric treatment program for mental health patients, including indigent mental health patients who are residents of Crook, Deschutes and Jefferson Counties. This prOVision, as well as the provisions of Section 8, shall survive termination of this Contract. Dated this ___ of ________, 2012 TAMMY BANEY, County Commissioner ANTHONY DeBONE, County Commissioner ALAN UNGER, County Commissioner ,2012.DATEDthiS3~YOf ~ CONTRACTOR: PAGE 12 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 EXHIBIT 1 SE24 Funding for Local Acute Care Access Proposed Plan for 2012-13 Principles: 1. Maintain a shared risk management payment method for Acute Psychiatric Care as outlined in Section 8 of main body of the Contract. 2. Increase oversight and focus on diversion (when clinically appropriate). Establish process for admission authorization and utilization management for length of stay that is consistent with fee for service model. Exact details of process will be determined by mutual agreement of the Directors of Deschutes, Crook and Jefferson Counties and S1. Charles Health System, Inc. or designees. 3. The approach is regional with all three (3) Central Oregon counties committing to this Contract. 4. Each of the three (3) counties will have designated diversion funds to assist with such things as motels, transportation, and medication as clinically appropriate, Bed days: 1. Number -632/year 2. Bed Day Rate -$695/day Contract for Successful Management of Resources within Risk Agreement: 1. Hospital and Community Mental Health Program (CMHP) staff will follow admission authorization protocol as outlined in "County Acute Care Authorization" in Exhibit 2 for voluntary and involuntary admissions to Sage View that fall under this Contract. 2. In order to best facilitate the potential for diversion, Hospital staff will contact the responsible CMHP when admission is being considered and prior to the subject being given an indication of admission intent. All admissions, both voluntary and involuntary, must be pre-authorized by the appropriate CMHP crisis staff. 3. CMHP and Hospital staff will actively work on diversion. CMHP staff will access designated diversion funds when needed through processed outlined in individual counties. 4. Deschutes Crisis team staff will have daily (Monday-Friday) in-person contact with Sage View to participate in the review of all Deschutes County admissions and assist in discharge planning. Crook and Jefferson county staff will have daily contact with Sage View via telephone. The Regional Utilization Manager (UM) will attend team meetings on a weekly basis. The Regional UM will provide authorizations for continued stay based on clinical necessity for all Central Oregon admissions covered under this Contract. (Same process as for Individuals participating on the Oregon Health Plan) 5. Protocol for initial authorization and utilization management may be modified during the Contract by written agreement between and among the Manager of Hospital and the three (3) Central Oregon Directors. 6. For Individuals anticipated to need a long term stay -an Extended Care Management Unit (ECMU) referral packet will be completed by SCMC staff immediately after an Individual is civilly committed by a judge (Le. within 1-2 days) 7. MCAT supervisor will continue to work with local law enforcement to improve contact with MCAT prior to a person being brought to ER -goal will be to divert when possible. Additional Considerations: In addition to the adjusted payment rate, Contractor agrees to the following additional considerations: 1. To provide the counties with a financial report showing total revenue and expenses by category (including salary/benefits, materials and services, capital costs, etc)and the operating deficit for the facility as well as the bed day rate associated with the Medicare cost report, a financial report will be provided every twelve (12) months at the Central Oregon Regional Acute Care Committee (CORACC) meeting; 2. To jOintly sponsor training(s) and planning to strengthen the system in its use of beneficial interventions for suicidal Individuals seeking hospital, crisis or outpatient services; 3. To join with Jefferson, Crook and Deschutes counties in advocating for improvements in the State and Regional acute care system, with shared advocacy for State reimbursement for the cost of care for indigent Individuals on the State wait list for long term care; 4. To advocate and offer support for the development of hold room services and hospital diversion options at area hospitals; and 5. To not charge Central Oregon counties for transport costs between the Psychiatric Emergency Services unit at St. Charles Health System, Inc., and Sage View. PAGE 13 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012·408 EXHIBIT 2 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2012-408 SE24 Funding for Local Acute Care Access Description of Covered Services & Authorization Process for Acute Psychiatric Care Preamble The Central Oregon Acute Care Region consists of Crook, Deschutes and Jefferson counties operating through Lutheran Community Services Northwest, Deschutes County Health Services Department and Best Care Treatment Services respectively. Within available resources, consistent with ORS 426.241 and Service Element 24, and subject to funding from the Office of Mental Health and Addiction Services, Counties assume the fiduciary accountability and ethical obligation to meet the acute care mental health service needs of those Central Oregon residents, who lack the financial resources and I or insurance to cover payment for such mental health services. In an effort to ensure the judicious use of scarce resources, this Exhibit defines those urgent mental health services and outlines the processes involved in accessing authorization for those services rendered under this Contract. Sage View Services: Contractor agrees to admit all eligible, indigent Individuals from Crook, Deschutes and Jefferson counties who meet medical necessity criteria (as defined in this exhibit) as long as Sage View has available bed space. In recognition that Contractor also provides Psychiatric Emergency Services as outlined in separate contract, it is agreed that Individuals will receive treatment at the least restrictive level of care possible. Medical Necessity is defined as follows: o Individual has a primary DSM-IV mental health diqgnosis AND meets one of more of the following factors describing the Individual's condition: o Individual presents as a significant danger as evidenced by person is at imminent risk to self or others or unable to meet their basic needs due to a major mental illness OR o Individual is at high risk for self destructive acts secondary to severe psychiatric symptoms (i.e. command hallucinations or persecutory delusions, severe depression); OR o Individual is at significant risk of committing violent, aggressive or impulsive acts that can best be explained as resulting from a severe emotional state or exacerbation of an existing psychiatric condition; OR o Individual has acute onset of psychosis, severe thought disorganization or deterioration of a chronic psychotic condition so that the Individual is unmanageable and unable to cooperate in treatment in a less restrictive, less intensive setting; OR o Individual needs psychiatric medication adjustment that cannot be managed in the community including monitored administration of medication; OR o Individual presents severe functional impairment resulting from an acute psychiatric condition such that the member is unable to provide for basic self-care without 24-hour supervision; OR o The Individual's condition is such that proposed treatments require 24 hour nursing observation (ie. side effects of atypical complexity, presence of a medical condition that complicates psychiatric treatment) which are not appropriate outside of a hospital setting and are not primarily for a substance abuse or medical condition. OR o It is considered likely that the Individual will require restraint or seclusion o AND in addition to one or more of the criteria outlined above, there are no available less restrictive out-patient alternatives to provide for the safety and supervision of Individual's needs Contractor will maintain accreditation from the Joint Commission on the Accreditation of Hospital Organizations as an inpatient facility. Furthermore, they will maintain compliance with the Center for Medicare and Medicaid Services standards as applicable. PAGE 14 OF 34-BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 Services available will include but not be limited to: • 24 -hour supervision and nursing care. • Any required health screening or medical care (including medications and lab work). • Multidisciplinary assessment initiated at the time of admission and completed within two (2) days of admission. • Service coordination with appropriate CMHP. • Development of an appropriate treatment plan that addresses service needs, desired outcomes and strategies to be implemented to resolve the crisis. • A variety of treatment modalities to meet Individual's needs including: psychiatric assessment; medication management and supervision; individual and group therapy; psycho-education regarding mental health and addiction issues; skill development in the areas of self-care, social-emotional adjustment, behavioral concerns, independent living and community navigation; family involvement; case management. • Transportation between Sage View and St Charles Hospital -Bend as needed for medical or other services Payment for Acute Psychiatric Care at Sage View (SV»: Contractor agrees to the payment methodology outlined in this Contract to provide acute psychiatric care at Sage View to all indigent Individuals residing in Crook, Deschutes, and Jefferson counties who meet admission criteria, with the only exception of bed space being unavailable. The payment will cover all charges associated with the admission of indigent Individuals for Sage View services, including but not limited to room rate, associated staff time and professional fees (including psychiatrist / MD), psychiatric medications, lab work and medical care. This Contract will include all bed days excluding day of discharge. Contractor shall neither bill nor expect payment for any additional services as part of Sage View service and payment authorization from any of the three (3) counties, except as outlined below under "Annual Reconciliation Based on Actual Bed Day Usage". County shall provide quarterly payments to Contractor, for rendering the services listed in this Contract. Funds may only be used for· the delivery of the service or services set out in this Contract unless written permission is granted to use the funds for other services in accordance with this Contract. Subject to Annual Payment Reconciliation, for the period between and including July 1, 2012 through June 30, 2013, Contractor shall receive $439,679 for Sage View services in four (4) quarterly payments as outlined below. The total amount will cover all Sage View services to all Central Oregon indigent Individuals served during those twelve (12) months. October 15, 2012 $109,919.75 April 15, 2013 $109.919.75 January 15,2013 $109.919.75 June 30, 2013 $109.919.75 Annual Reconciliation Based on Actual Bed Day Usage: At the close of the fiscal year (June 30, 2013). three provisions related to a financial reconciliation will be considered to determine the final payment to St Charles Health System, Inc. Annual bed day usage will be calculated based on fiscal year July 1-June 30. 1. If the total 2012-2013 bed days under this Contract is less than 632: The actual number of days under 632 will be valued at the bed day rate for that fiscal year. The dollar amount of this saVings due to a lower level of service will be shared equally (50%) by both Deschutes County and Contractor. Contractor will refund amount to Deschutes County equal to 50% value of bed days less than 632. 2. If the total 2012-13 bed days under this Contract is more than 632 and less than 790: No additional compensation will be expected by either party and the stated payment level will prevail. 3. If the total 2012-13 bed days used under this Contract equal or exceed 790: County will pay Contractor at the bed day rate for each day at 790 days and above. PAGE 15 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 If there are any discrepancies in the number of actual bed days covered under this Contract: Any discrepancies will be referred to the Utilization Management Committee for resolution utilizing guidelines of this Contract. If services are provided without authorization as outlined in Exhibit 2: Any discrepancies will be brought to the Utilization Management Committee for discussion and resolution. Process for Obtaining Authorization for Covered Mental Health Services Authorization Process: In order to track bed day utilization and assure optimum usage of resources, it is agreed that Contractor and County will adhere to an admission authorization process that is mutually agreed upon between and among Contractor, the County, Best Care Treatment Services (on behalf of Jefferson County) and Lutheran Community Services Northwest (on behalf of Crook County). Contractor will contact the appropriate county when admission is being considered, and prior to the subject being given an indication of admission intent, to obtain authorization on all patients who meet indigent status (both voluntary and involuntary) as outlined by: 1) At the time of admission, patient has no third party insurance and has no ability to pay as defined by federal guidelines; or 2) At the time of admission, patient has exhausted their Medicare and/or Commercial insurance benefits for mental health; or 3) During the course of care, patient has exhausted all ability to pay for services under this Contract and is receiving involuntary treatment. Contractor agrees to contact appropriate county with update regarding *Pended Patients status and county will authorize services depending upon county continued stay criteria; or 4) During the course of care if Contractor discovers that at the time of admission, the patient had no third party insurance as reported and there is no other ability to pay for services, Contractor agrees to contact appropriate county with update regarding *Pended Patients status and county will decide whether to authorize services depending upon county continued stay criteria. 5) Contractor agrees to utilize the same ability~to-pay criteria, as well as make the same efforts to collect payment as for any other patient admitted for hospital services. 6) Contractor is responsible for providing to County a monthly *Pended Patients and **Posted Patients list, due on the 15th day of each month. The report will include pended and posted patients for all three (3) counties. *Pended Patients: This status is descriptive of the period of time the Contractor is engaging in due diligence to determine the patient's ability to pay as outlined by Contractor guidelines. "Posted Patients: Patients that have been approved for indigent care through the County. Report Data from SCMC Each person admitted under approved indigent funding, must also meet Contractor's internal requirements (as stated above in Paragraph 6) for "free care" and go through Contractor's process to make this determination. In essence the patient is "pended" to indigent funding, contingent upon the outcome of Contractor's due diligence process for funding under this Contract. The following process outlines the approval process for Individuals to be "pended" to indigent contract as well as the finalization of the list of Individual's bed days that will be actually "paid" or credited to usage under this Contract. Upon authorization for admission under indigent funds (pended), the intake worker for SV will notify the Regional UM Manager (UM) via telephone with the following information: Individual's Name, OOB, Admit Date. Funding, Level of Care (LOC), Hold Status ELOS (Estimated Length of Stay). UM will then access Hospital EHR for any additional information needed specific to authorization. PAGE 16 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 This Regional LIM wilt utilize this data to compile the Regional Case List Report. Contractor will provide a monthly list of the posted patients who also have met Contractor's internal requirements for "free care" and whose admission will be "paid" or credited under this Contract. These lists will be provided by the 15th of each month and include "free care" Individuals from admissions one month prior (i.e. on 3/15 a report would be provided for Individuals meeting free care criteria between 1/15-2/15) This report will run off of the admission date (Le. a patient admitted April 30 and discharged May 5 will show up on April list). The required date by which this list is to be emailed or faxed allows the "lag time" it takes for internal hospital due diligence for posting cost to the risk based agreements. The report will contain Protected Health Information, thus must either be faxed or encrypted if sent via e-mail. This report will go to the Regional LIM. The required data elements in this report will be: 1. Patient Name (last, first) 2. Hospital internal record number 3. Admit date 4. Discharge date 5. Follow-up care 6. location of service PES or SV Once the Regional LIM has the patient list from Contractor, he/she will access Contractor electronic medical records (TIER and/or CERNER) to ascertain qualitative data required for the Regional Case List. This Case List will be reviewed at the monthly Central Oregon Regional Acute Care Committee (CORACC) LIM group meeting. The Regional LIM will follow established Contractor procedures for access to the Contractor's electronic medical records. Modification of Exhibit 2 It is understood and agreed that this Exhibit will be revised periodically. Authority to change this Exhibit shall rest with the, Deschutes County Health Services and the St. Charles Health System, Inc. Community Directors. Both parties must agree for the Exhibit to be modified. PAGE 17 OF 34-BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 EXHIBIT 3 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2012-408 SE24 Funding for Local Acute Care Access Post-Commitment Care Payment for Post-Commitment Care: Contractor agrees to the payment methodology outlined in this Contract for post-commitment care at Sage View (SV) or Psychiatric Emergency Services (PES) at St. Charles Health System, Inc. to all indigent Individuals residing in Deschutes, Crook or Jefferson ("Central Oregon") counties as well as Individuals who reside in Eastern Oregon counties who are civilly committed by a judge. Eastern Oregon Counties are defined as: Wasco, Sherman, Hood River, Lake, Wheeler, Morrow, Harney, Grant, Malheur, Baker, Gilliam, Union, Wallowa, and Umatilla. This includes Individuals who are already admitted to either SV or PES and return to the facility after civil commitment hearing, as well as Individuals who are committed elsewhere in the state and are clinically appropriate for transfer post-commitment, with the only exception of bed space being unavailable. Central Oregon residents have first priority for admission, followed by residents of Eastern Oregon counties. This portion of the Contract will cover aU services as of the day post-commitment until transfer to long-term care at the state hospital or other discharge from the facility. Residents of other Oregon counties may be served under this Contract on a case by case basis and with joint approval of Director of Behavioral Health Services at Cascade Healthcare Community and Deschutes County Health Services Director. The payment will cover all charges associated with the admission of indigent Individuals for SV or PES services, including but not limited to room rate, associated staff time and professional fees (including psychiatrist I MD), psychiatric medications, lab work and medical care. This Contract will include all bed days beginning the first day post-commitment until transfer to long-term care or other discharge Contractor shall neither bill nor expect payment for any additional services as part of this Contract. County shall provide monthly payments to Contractor, for rendering the services listed in this Contract. Funds may only be used for the delivery of the service or services set out in this Contract unless written permission is granted to use the funds for other services in accordance with this Contract.. For the period between and including July 1, 2012 through June 30, 2013, Contractor shall receive a maximum compensation of $529,250 for all post-commitment services regardless of whether admission is at SV or PES unit in twelve (12» payments as outlined below. This payment is calculated at a bed day rate of $725 for 730 bed days. The total amount will cover all SVIPES services to all post-commitment indigent Individuals served during those twelve (12) months. July 15, 2012 $44,104.16 January 15, 2013 $44,104.16 August 15, 2012 $44,104.16 February 15, 2013 $44,104.16 September 15, 2012 $44,104.16 March 15,2013 $44,104.16 October 15,2012 $44,104.16 April 15, 2013 $44,104.16 November 15,2012 $44,104.16 May 15, 2013 $44,104.16 December 15,2012 $44,104.16 June 15, 2013 $44,104.24 PAGE 18 OF 34-BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 Reporting Requirements: Contractor shall provide monthly reports to the County for all usage under this portion of the Contract. Monthly reports shall include the following: Individual's Name County of Responsibility/Residence Date of Commitment Date Extended Care Management Unit (ECMU) application was approved Date of Discharge Discharge location (i.e. state hospital or other) Total bed days for the month Cumulative bed days PAGE 19 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 EXHIBIT 4 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2012-408 INSURANCE REQUIREMENTS Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below. Insurance coverage must apply on a primary or non-contributory basis. All insurance poliCies, except Professional Liability, shall be written on an occurrence basis and be in effect for the term of this contract. Policies written on a "claims made" basis must be approved and authorized by Deschutes County. Contractor Name: St. Charles Health Svstem Inc. Workers Compensation insurance in compliance with ORS 656.017, requiring Contractor and all subcontractors to provide workers' compensation coverage for all subject workers, or provide certification of exempt status. Worker's Compensation Insurance to cover claims made under Worker's Compensation, disability benefit or any other employee benefit laws, including statutory limits in any state of operation with Coverage B Employer's Liability coverage all at the statutory limits. In the absence of statutory limits the limits of said Employer's Liability Insurance with coverage shall not be less than $1,000,000 each accident, disease and each employee. This insurance must be endorsed with a waiver of subrogation endorsement, waiving the insured's right of subrogation against County. Professional Liability insurance with an occurrence combined single limit of not less than: Per Occurrence limit Annual Aggregate limit [8J $1,000,000 0 $2,000,000 o $2,000,000 [8J $3,000,000 o $3,000,000 0 $5,000,000 Professional Liability insurance covers damages caused by error, omiSSion, or negligent acts related to professional services provided under this Contract. The policy must provide extended reporting period coverage, sometimes referred to as "tail coverage" for claims made within two years after the contract work is completed. [8J Re uired b Count 0 Not re uired b Count one box must be checked Commercial General Liability insurance with a combined single limit of not less than: Per Single Claimant and Incident All Claimants Arising from Single Incident [8J $1,000,000 0 $2,000,000 o $2,000,000 t8J $3,000,000 o $3,000,000 0 $5,000,000 Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, completed operations and contractual liability. The insurance coverages provided for herein must be endorsed as primary and non-contributory to any insurance of County, its officers, employees or agents. Each such policy obtained by Contractor shall provide that the insurer shall defend any suit against named insured and additional insureds, their officers, agents or employees, even if such suit is frivolous or fraudulent. Such insurance shall provide County with the right, but not the obligation, to engage its own attorney for the purpose of defending any legal action against County, its officers, agents, or employees, and that Contractor shall indemnify County for costs and expenses, including reasonable attorneys' fees, incurred or arising out of the defense of such action. The policy shall be endorsed to name Deschutes County, the State of Oregon, the Oregon Health Authority, their officers, agents, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the County are maintained. Construction contracts may include aggregate limits that apply on a "per location" or "per project" basis. The additional insured protection shall extend equal protection to County as to Contractor or subcontractors and shall not be limited to vicarious liability only or any similar limitation. To the extent any aspect of this Paragraph shall be deemed unenforceable, then the additional insurance protection to County shall be narrowed to the maximum amount I of protection allowed by law. ! [8J Required by County 0 Not required by County (one box must be checked) PAGE 20 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No. 2012-408 Automobile Liability insurance with a combined single limit of not less than : Per Occurrence t $500 ,000 $1 ,000,000 ~ $2,000,000 Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle . Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing serv ices under this Contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include : plumbers , electricians or construction contractors . An Example of an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own v/iRitles registered to the business . o Required by County l:8J ~t required by County (one box must be checked) Additional Requirements. Contractor shall pay all deductibles and self-insured retentions . A cross-liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor's coverage will be primary in the event of loss . Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the Signed Contract. The Contractor shall notify the County in writing at least thirty (30) days in advanceof any cancellation , termination, material change, or reduction of limits of the insurance coverage . The Certificate shall also state the deductible or, if applicable , the self-insured retention level. Contractor shall be respons ible for any deductible or self-insured retention . If requested, complete copies of insurance policies shall be provided to the County. PAGE 21 OF 34 -BEHAVIORAL HEALTH -PERSONAL SERVICES CONTRACT No . 2012-408 EXHIBIT 5 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2012-408 Regional Acute Psychiatric Inpatient Services Service Name: REGIONAL ACUTE PSYCHIATRIC INPATIENT SERVICES Service 10 Code: MHS 24 I. Service Description Regional Acute Psychiatric Inpatient Services (MHS 24) are inpatient psychiatric services delivered to individuals who are suffering from an acute mental illness, or other mental or emotional disturbance posing a danger to the health and safety of the individual or others. The services are primarily delivered on an inpatient basis and are intended to stabilize, control or ameliorate acute psychiatric dysfunctional symptoms or behaviors in order to return the individual to a less restrictive environment at the earliest possible time. MHS 24 Services also include ancillary services such as regional coordination and enhancements to Community Mental Health Program (CIVIHP) services that serve to expedite the movement of individuals into and out of facilities where inpatient psychiatric services are delivered and to divert persons from acute care services. II. Performance Requirements MHS 24 Services funded through this Agreement may only be delivered to the following individuals: A. An individual in need of emergency hold services under ORS 426.232 and ORS 426.233; or B. An individual committed to Oregon Health Authority (OHA) under ORS 426.130; or C. An individual voluntarily seeking MHS 24 Services provided that service capacity is available and the individual satisfies one or more of the following criteria: 1. The individual is at high risk for an emergency hold or civil commitment without voluntary inpatient psychiatric services; or 2. The individual has a history of psychiatric hospitalization and is beginning to decompensate and for whom a short period of intensive inpatient psychiatric treatment would reverse the decompensation process; or 3. The individual is an appropriate candidate for inpatient psychiatric treatment but other inpatient psychiatric treatment resources are unavailable. D. Hospital and Providers at Secure Residential Treatment Facilities of MHS 24 Services funded through this Agreement must comply with OAR 309-031-0200 to 309-031-0255as such rules may be revised from time to time. Facilities in which a Provider delivers MHS 24 Services funded through this Agreement must: 1. If a hospital, be licensed under ORS 441.015 or certified by the Joint Commission on Accreditation of Health Care Organization ("JCAHO") for the hospital services; or 134309 Deschutes County Approved 5/9/2011 79 of 220 OHA 11-13 GT0217-11 2. Be approved under applicable portions of OAR 309-033-0500 through 309-033-0560, as such rules may be revised from time to time, for emergency hold beds. E. Secured Transportation services under MHS 24 will be approved under OAR 309-033-0432 through 309­ 033-0440, as such rules may be revised from time to time. PAGE 22 OF 34 -PERSONAL SERVICES CONTRACT No. 2012-408 III. Special Reporting Requirements A. Reports of JCAHO reviews of the facility where a Provider delivers MHS 24 Services funded through this Agreement must be submitted to OHA within sixty (60) days after the Provider's receipt of such reports or reviews. Submit reports to: Oregon Health Authority Addictions and Mental Health Services Division Attention: Contracts Administrator 500 Summer Street N.E. E86 Salem, OR 97301-1118 Reports must be prepared using forms and procedures prescribed by OHA. B. Hospital and Providers at Secure Residential Treatment Facilities of MHS 24 Services funded through this Agreement must submit the following information to OHA electronically through the Oregon Patient and Resident Care System (OP/RCS) within 12 hours of an individual's admission to and discharge from the Provider's facility for MHS 24 Services, as outlined in the OP/RCS Manual located at http://www.oregon.gov/OHNmentalhealth/publications/oprcs/oprcs-manual.pdf?ga=t. C. Contractor must submit an annual accounting report of MHS 24 funds using forms prescribed by OHA by August 31 for the prior state fiscal year. IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance: OHA will provide financial assistance for MHS 24 Services identified in a particular line of the Financial Assistance Award from funds identified on that line in an amount equal to the amount set forth in that line of the Financial Assistance Award; provided, however, that OHA's obligation to provide financial assistance for MHS 24 Services under a particular line of the Financial Assistance Award is conditioned on delivery, during the period specified on that line, of the number of units of MHS 24 Services service capacity specified on that line B. Disbursement of financial assistance: OHA will disburse the funds awarded for MHS 24 Services in a particular line of the Financial Assistance Award to County in substantially equal monthly allotments during the period specified in that line of the Financial Assistance Award, subject to the following: 1. OHA may after 30 days (unless parties agreed otherwise) written notice to County, reduce the monthly allotments based on under used allotments identified through 134309 Deschutes County Approved 5/9/2011 80 of 220 OHA 11-13 GT0217-11 Oregon PatienUResident Care System (OP/RCS) or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement. 2. OHA may, upon written request of County, adjust monthly allotments. 3. Upon amendment to the Financial ASSistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 24 Services on that line of the Financial Assistance Award. 134309 Deschutes County Approved 5/9/2011 81 of 220 OHA 11-13 GT0217 -11 Attachment 1 (revised 'Level of Need Determination Data' 1/2010) -Level of Service IntenSity Determination Data Providers of MHS 22 Services funded through this Agreement must use the CAS II as the statewide tool In order to assist in the determination for ISA Services for children age six (6) and older and the ECSII for children birth through age five (5). PAGE 23 OF 34 -PERSONAL SERVICES CONTRACT No. 2012-408 Provider shall submit a report to aHA, within sixty (60) calendar days after the end of each calendar quarter of the Level of Service Intensity Determination Data screenings completed in that quarter. o 1st Quarter (Jan-Mar) 0 2nd Quarter (Apr-Jun) o 3rd Quarter (Jul-Sep) 0 4th Quarter (Oct-Dec) Formatting CASII and ECSII data for submission to aHA: Data shall be in a comma-delimited format; Each child shall be represented by a Medicaid 10 number and Level of Service Intensity Determination Date; Complete Data Set: A complete data set will be comprised of a minimum of the following elements: Eight alphanumeric character Medicaid 10 number o Child's date of birth DO/DO/DODO) C Child's gender Date of referral C Referral Source [l Date of Determination Contractor L Scores for CASH Domains I to VI-B (each score must be in the range 1-5) or ECSII Domains I to V. c Composite CASII score or ECSII score. ISA eligibility YIN (circle one). Levels of Care recommended -(Note: Base the recommended level of care on both CASII or ECSII data and other data indicative of the child's and family's needs and/or functioning Date the child is determined not to be ISA eligible or the last day the child is considered ISA eligible. Field will be blank if the child continues to be ISA eligible. A blank field will be considered complete. Instructions for submission and validation of Level of Service Intensity Determination Data shall be provided by aHA as a separate document. 134309 Deschutes County Approved 5/9/2011 82 of 220 aHA 11-13 GT0217 -11 Attachment 2 (revised 'Integrated Service Array' 1/2010) -Integrated Service Array (ISA) Progress Review Report The ISA Progress Review is to be administered for each child found eligible for ISA services upon admission and discharge to that level of service. A child shall be reviewed no less than annually, should the child remain in ISA longer than one (1) year. Contractor must submit a Complete Data Set to aHA on those children that were reviewed during the quarter within sixty (60) calendar days following the end of the calendar quarter. Complete Data Set: A complete data set will be comprised of the following elements: 1. Child's last name, first name. 2. Child's date of birth (~O/~O/~O~O). 3. Date ISA Progress Review was completed using 0010010000 format. 4. ISA status of child at time of progress review: "New", first review. "Open", continuing review. "Close", final review. 5. Child's current residence: Biological/adoptive family member. Other than relative/friend (Not foster care). Long-term foster care placement. Temporary foster care placement. Residential treatment center. Other (include statement describing type of residence). 6. Number of times child changed residence for any reason within the last 90 days. a. Indicate the number of times that the child has changed residence, for any reason, in the past 90 calendar days. Do not include planned respite. Do not include Acute Care hospitalizations. Do not include vacations or recreational stays with friends or relatives that are unrelated to changes in the child's condition or the Family's circumstances. Do include any planned or unplanned stay with friends PAGE 24 OF 34 -PERSONAL SERVICES CONTRACT No. 2012-408 or relatives, if the stay lasted more than seven (7) days and was: (a) precipitated by a worsening of the child's condition, a change in the Family's circumstances, or increased stress in the child's environment and; (b) the parent or legal guardian was made aware of and permitted the stay. (Note: Unplanned stays with others not permitted by the parent or legal guardian should be regarded as runaways rather than changes of residence). Each time that a child moves out of and then back to, his or her primary residence is counted as two (2) moves. b. Parent or legal guardian were made aware of and permitted to stay. Each time that a child moves out of and back to hislher primary residence, count as two (2) stays. 134309 Deschutes County Approved 5/9/2011 83 of 220 OHA 11-13 GT0217 -11. 7. Did parent or adult caregiver participate in current and most recent Child and Family Team (CFT) meeting? (Include those whose primary role with child is that of paid provider of services, i.e. clinical, educational or case management services.) 8. Caregiver Rating: a. Social network over the past thirty (30) calendar days: (1) No family or social network that could help with raising the child. (2) Some family or friend social network that could help with raising the child. (3) Some family or friend social network that actively helps with the raising of the child. (4) Significant family and friend social network that actively helps with raising the child. (5) NK (Not Known). b. Child has been producing schoolwork of acceptable quality for his or her ability level over the past twenty (20) scheduled school days: (1) Never. (2) Seldom. (3) Sometimes. (4) Frequently. (5) Very Frequently or Always. (6) Not applicable (if child has not been in school over past 20 days). c. Substance abuse over the past thirty (30) days: O. None. 1. Suspicion of substance abuse. 2. Clear evidence of substance abuse that is interfering with child's ability to function in at least one role or setting. 3. Clear evidence of substance dependence and lor child requires detoxification. d. Risk of delinquency in consideration of all acts of delinquency (misdemeanors, felonies and all status offenses except runaways), with or without awareness by legal authorities: O. No History. 1. None in past thirty (30) days. 2. Some in past thirty (30) days. 3. Several in past thirty (30) days. e. Risk of self-harm (includes reckless or intentional risk taking behavior that may endanger the child): O. No history. 1. None in past thirty (30) days. 2. Some in past thirty (30) days. 3. Several in past thirty (30) days. f. History of and risk of danger to others: O. No history. 1. None in past thirty (30) days. 134309 Deschutes County Approved 5/9/2011 84 of 220 OHA 11-13 GT0217-11 2. Some in past thirty (30) days. PAGE 25 OF 34 -PERSONAL SERVICES CONTRACT No. 2012-408 g. History and risk of running away: O. No history. 1. None in past thirty days. 2. Some in past thirty (30) days. 3. Several in past thirty (30) days. 9. Behavioral and Emotional Rating Scale, 2nd Edition (Bers2) Parent/Caregiver Rating Scale, Raw Scores of Subscales. Formatting the ISA Progress Review Data for Submission to OHA: Instructions for submission of the ISA Progress Review Report data shall be provided by OHA as a separate document. Modification of Exhibit 5, State Requirements for Mental Health Subcontract In the event the State of Oregon modifies the terms of SE 24, it is understood that this Contract will be revised accordingly. Authority to change this Exhibit to comply fully with Deschutes County's State Contract shall rest with the Director of Behavioral Health Services, St. Charles Medical Center and the Deschutes County Health Services Director. Both parties must agree for the Exhibit to be modified. PAGE 26 OF 34 -PERSONAL SERVICES CONTRACT No. 2012-408 Exhibit 6 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2012-408 Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Conflicts of Interest Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor by signature to this Contract declares certifies that; Contractor's Work to be performed under this Contract create no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor's employee agency (County State or Federal) would prohibit Contractors Work under this Contract. Contractor is not an "officer," "employee," or "agent" of the County, as those terms are used in ORS 30.265. 2. Audits. a. Contractor shall comply, if applicable, with the applicable audit requirements and responsibilities set forth in the Office of Management and Budget Circular A-133 entitled "Audits of States, Local Governments and Non-Profit Organizations." b. Contractor shall also be required to comply with applicable Code of Federal Regulations (CFR) sections and OMB Circulars governing expenditure of federal funds. State, local and Indian Tribal Governments and governmental hospitals must follow OMB A-102. Non-profits, hospitals, colleges and universities must follow 2 CFR Part 215. Sub-recipients shall be required to monitor any organization to which funds are passed for compliance with CFR and OMB requirements. 3. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant. loan, or cooperative agreement, Contractor agrees to complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. 1) Standard Form-LLL and instructions are located in 45 CFR Part 93 Appendix B. 2) If instructions require filing the form with the applicable federal entity, Contractor shall then as a material condition of this Contract also file a copy of the Standard Form-LLL with the Oregon Health Authority. 3) This filing shall occur at the same time as the filing in accordance with the instructions. b. Contractor understands this certification is a material representation of fact upon which the County and the Oregon Health Authority has relied in entering into this Contract. Contractor further understands that submission of this certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract. c. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. Contractor shall include the language of this certification in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. e. Contractor is solely responsible for all liability arising from a failure by Contractor to comply with the terms of this certification. f. Contractor promises to indemnify County for any damages suffered by County as a result of Contractor's failure to comply with the terms of this certification. PAGE 27 OF 34 -BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 4. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a material representation of facts upon which reliance was placed when this Contract was made or entered into, submission of this certification is a prerequisite for make or entering into this Contract imposed by Section 1352, Title 311, U.S. Code and that any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. ~t:!~Da7/5/t;L PAGE 28 OF 34 -BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 EXHIBIT 7 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2012-408 CONFIDENTIALITY AGREEMENT County will make available and/or transfer to Contractor certain Information, in conjunction with goods or services that are being provided by Contractor to County that is confidential and must be afforded special treatment and protection. Contractor will have access to and/or receive from County certain Information that can be used or disclosed only in accordance with this Agreement and the HHS Privacy Regulations. To the extent required by 42 U.S.C. 1171 et seq. enacted by the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder, Contractor assures County that Contractor will appropriately safeguard protected health information made available to or obtained by Contractor. Contractor further agrees to comply with applicable laws relating to protected health information and with respect to any task or other activity Contractor performs on behalf of County, to the extent County would be required to comply with such requirements. For purposes of this Agreement, the following terms shall apply: A. Contractor shall be considered a Contractor; B. County shall be considered a COVERED ENTITY; C. HHS Privacy Regulations shall mean the Code of Federal Regulations (C.F.R.) at Title 45, Sections 160 and 164; D. Individual shall mean the person who is the subject of the Information, and has the same meaning as the term 'individual' is defined by 45 C.F.R. 164.501; and E. Secretary shall mean the Secretary of the Department of Health and Human Services (HHS) and any other officer or employee of HHS to whom the authority involved has been delegated; F. Information shall mean any health information provided and/or made available by County to Contractor, and has the same meaning as the term 'health information' as defined by 45 C.F.R. 160.102. Contractor agrees it shall: 1. Not use or further disclose such information other than as permitted or required by this Agreement. Contractor shall not, except as necessary for the proper management, administration and performance of its duties under this Agreement, use, reproduce, disclose, or provide to third parties, any confidential document or information relating to the County, its members or to Individuals seeking services from County or its members without the prior written consent or authorization of the County or of the Individual. If Contractor uses such information for the purposes set forth above, it will only do so if the disclosure is required by law or Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which Contractor disclosed it to the person. Contractor shall ensure that its personnel, employees, affiliates and agents maintain the confidentiality of patient health information and business information of County. 2. Not use or further disclose the information in a manner that would violate the requirements of applicable law, if done by County; PAGE 29 OF 34 BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 3. Use appropriate safeguards to prevent use or disclosure of such information other than as provided for by this Agreement; 4. Report to County any use or disclosure of such information not provided for by this Agreement of which Contractor becomes aware; 5. Ensure that any subcontractors or agents to whom Contractor provides protected health information received from County agree to the same restrictions and conditions that apply to Contractor with respect to such information; 6. Make available protected health information in accordance with applicable law. i.e., the Code of Federal Regulations (C.F.R.) at Title 45. Sections 160 and 164; 7. Maintain standard records. pursuant to this Agreement, and to provide such records and other necessary information to the County as may be requested in writing and as permitted by law. Contractor agrees that all records kept in connection with this agreement are subject to review and audit by the County upon reasonable notice of a minimum of 14 work days from the date of written request by the County. 8. Make Contractor's internal practices, books, and records relating to the use and disclosure of protected health information received from County available to the Secretary of the United States Health & Human Services for purposes of determining County's compliance with applicable law (in all events, Contractor shall immediately notify County upon receipt by Contractor of any such request, and shall provide County with copies of any such materials); 9. Upon termination of this Agreement, Contractor shall promptly return all protected health information received from County. If the return of protected health information is not feasible, Contractor shall continue the protections required under this contract to the protected health information consistent with the requirements of this Attachment and the HIPAA privacy standards. PAGE 30 OF 34 -BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 Exhibit 8 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2012-408 REQUIRED PROVIDER CONTRACT PROVISIONS Oregon Health Authority Exhibit H of 2011-2013 Intergovernmental Agreement #134309 1. Expenditure of Funds. Contractor may expend the funds paid to Contractor under this Contract solely on the delivery of services as described in Exhibit 1 of this Contract ("Services"), subject to the following limitations (in addition to any other restrictions or limitations imposed by this Contract): a. Contractor may not expend on the delivery of Services any funds paid to Contractor under this Contract in excess of the amount reasonable and necessary to provide quality delivery of Services. b. If this Contract requires Contractor to deliver more than one service, Contractor may not expend funds paid to Contractor under this Contract for a particular service on the delivery of any other service. c. If this Contract requires Contractor to deliver alcohol, drug abuse and addiction services, Contractor may not use the funds paid to Contractor under this Contract for such services: (1) To provide inpatient hospital services; (2) To make cash payments to intended recipients of health services; (3) To purchase or improve land, to purchase, construct or permanently improve (other than minor remodeling) any building or other facility or to purchase major medical equipment; (4) To satisfy any requirement for expenditure of non-federal funds as a condition for receipt of federal funds (whether the federal funds are received under this Contract or otherwise); (5) With respect to federal Substance Abuse Prevention and Treatment Block Grant moneys only, to purchase services from any person or entity other than a public or non-profit entity; or (6) To carry out any program prohibited by section 245(b) of the Health Omnibus Programs Extension Act of 1988 (codified at 42 USC 300ee(5). d. Contractor may expend funds paid to Contractor under this Contact only in accordance with federal OMB Circular A-8? as that circular is applicable on allowable costs. 2. Records Maintenance, Access and Confidentiality. a. Access to Records and Facilities. County, the Oregon Health Authority, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have access to the books, documents, papers and records of Contractor that are directly related to this Contract, the funds paid to Contractor hereunder, or any services delivered hereunder for the purpose of making audits, examinations, excerpts, copies and transcriptions. In addition, Contractor shall permit authorized representatives of County and the Oregon Health Authority to perform site reviews of all services delivered by Contractor hereunder. b. Retention of Records. Contractor shall retain and keep accessible all books, documents, papers, and records, that are directly related to this Contract, the funds paid to Contractor hereunder or to any services delivered hereunder, for a minimum of six (6) years, or such longer period as may be required by other provisions of this Contract or applicable law, following the termination or expiration of this Contract. If there are unresolved audit or other questions at the end of the six-year period, Contractor shall retain the records until the questions are resolved. c. Expenditure Records. Contractor shall document the expenditure of all funds paid to Contractor under this Contract. Unless applicable federal law requires Contractor to utilize a different Accounting system, Contractor shall create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit County and the Oregon Health Authority to verify how the funds paid to Contractor under this Contract were expended. PAGE 31 OF 34 -BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 d. Individual Records. Unless otherwise specified in this Contract, Contractor shall create and maintain an Individual record for each Individual who receives services under this Contract. The Individual record must contain: (1) Individual identification; (2) Problem assessment; (3) Services and supports, training and/or care plan; (4) Medical information when appropriate; and (5) Service notes including service conclusion summary and current assessment or evaluation instrument as designated by the Oregon Health Authority in administrative rules. Contractor shall retain Individual records in accordance with OAR 166-150-0005 through 166-150-0215 (State Archivist). Unless OAR 166-150-0005 through 116-150-0215 requires a longer retention period, Individual records must be retained for a minimum of ten (10) years from termination or expiration of this Contract. e. Safeguarding of Individual Information. Contractor shall maintain the confidentiality of Individual records as required by applicable state and federal law, including without limitation, ORS 179.495 to 179.507,45 CFR Part 205,42 CFR Part 2, any administrative rule adopted by the Oregon Health Authority, implementing the foregoing laws, and any written policies made available to Contractor by County or by the Oregon Health Authority. Contractor shall create and maintain written policies and procedures related to the disclosure of Individual information, and shall make such pOlicies and procedures available to County and the Oregon Health Authority for review and inspection as reasonably requested by County or the Oregon Health Authority. f. CPMS Enrollment (If Applicable to Contract). As specified in the Oregon Health Authority's Client Process Monitoring System ("CPMS") manual (for Alcohol, Drug Abuse and Addiction Services or Mental Health Services, as appropriate), Contractor shall enroll in CPMS, each Individual receiving a service under this Contract and maintain that Individual's CPMS record as specified in the CPMS manual available at http://www.oregon.gov/OHNmentalhealth/publications/main.shtml 3. Alternative Formats of Written Materials. In connection with the delivery of Services, Contractor shall: a. Make available to an Individual. without charge to the Individual, upon the Individual's, the County's or the Oregon Health Authority's request, any and all written materials in alternate, if appropriate, formats as required by the Oregon Health Authority's administrative rules or by the Oregon Health Authority's written poliCies made available to Contractor. b. Make available to an Individual. without charge to the Individual, upon the Individual's, County's or the Oregon Health Authority's request, any and all written materials in the prevalent non-English languages in the area served by Contractor. c. Make available to a Individual, without charge to the Individual, upon the Individual's, County's or the Oregon Health Authority's request, oral interpretation services in all non-English languages in the area served by Contractor. d. Make available to a Individual with hearing impairments, without charge to the Individual, upon the Individual's, County's or the Oregon Health Authority's request, sign language interpretation services and telephone communications access services. For purposes of the foregoing, "written materials" includes, without limitation, all written materials created or delivered in connection with the services and all subcontractor contracts related to this Contract. 4. Reporting Requirements. Contractor shall prepare and furnish the following information to County and the Oregon Health Authority when a service is delivered under this Contract: a. Individual, service and financial information as specified in the applicable service description attached hereto and incorporated herein by this reference. PAGE 32 OF 34 -BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 b. All additional information and reports that County or the Oregon Health Authority reasonably requests. 5. Compliance with Law. Contractor shall comply with all state and local laws, regulations, executive orders and ordinances applicable to the Contract or to the delivery of services hereunder. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: (a) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations; (b) all state laws governing operation of community mental health programs, including without limitation, all administrative rules adopted by the Oregon Health Authority related to community mental health programs; (c) all state laws requiring reporting of Individual abuse; (d) ORS 659A.400 to 659A.409, ORS 659A.145 and all regulations and administrative rules established pursuant to those laws in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with the delivery of services under this Contract. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. All employers, including Contractor, that employ subject workers who provide services in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. In addition, Contractor shall comply, as if it were County thereunder, with the federal requirements set forth in Exhibit G to the certain 2011­ 2013 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services between County and the Oregon Health Authority dated as of July 1, 2011, which Exhibit is incorporated herein by this reference. For purposes of this Contract, all references in this Contract to federal and state laws are references to federal and state laws as they may be amended from time to time. 6. Unless Contractor is a State of Oregon governmental agency, Contractor agrees that it is an independent contractor and not an agent of the State of Oregon, the Oregon Health Authority or County 7. To the extent permitted by applicable law, Contractor shall defend (in the case of the state of Oregon and the Oregon Health Authority, subject to ORS Chapter 180), save and hold harmless the State of Oregon, the Oregon Health Authority, County, and their officers, employees, and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or relating to the operations of the Contractor, including but not limited to the activities of Contractor or its officers, employees, subcontractors or agents under this Contract. 8. Contractor understands that Contractor may be prosecuted under applicable federal and state criminal and civil laws for submitting false claims, concealing material facts, misrepresentation, falsifying data system input, other acts of misrepresentation, or conspiracy to engage therein. 9. Contractor shall only conduct transactions that are authorized by the County for transactions with the Oregon Health Authority that involve County funds directly related to this Contract. 10. Contractor(s) that are not units of local government as defined in ORS 190.003 shall obtain, at Contractor's expense, and maintain in effect with respect to all occurrences taking place during the term of the Contract, insurance requirements as specified in Exhibit I of the certain 2011-2013 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services between County and the Oregon Health Authority dated as of July 1, 2011, which Exhibit is incorporated herein by this reference. PAGE 33 OF 34 -BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 11 Contractor(s) that are not units of local government as defined in ORS 190.003, shall indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees) arising from a tort (as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Provider or any of the officers, agents, employees or subcontractors of the contractor( "Claims"). It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Contractor from and against any and all Claims. 12. Contractor shall include sections 1 through 10, in substantially the form set forth above, in all permitted Contractor contracts under this Contract. Datef/3/(J.-Signa~h1~tI.jrvl'n~ Contractor: / PAGE 34 OF 34 -BEHAVIORAL HEALTH SERVICES CONTRACT No. 2012-408 ~ DA"IE (MM/DlJYYY)ACORD· ~ CERTIFICATE OF LIABILITY INSURANCE I 07/10/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOS NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~O:~CT I Candy Mirabillo CHIVAROLI & ASSOCIATES INC ~371.3680 I i~ Not I 805.371.3684 200 N Westlake Blvd Ste 101 dvmliVchivaroli.com Westlake Village, CA 91362 INSURER(S) AFFORDINJ COVERAGE HAIC# ~ERA: LexinQton Insurance Company 19437 INSURED ERB: st. Charles Health System, Inc INSURERC: 2500 NE Neff Rd INSURERD: Bend, OR 97701 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEL.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDiCATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RE DUCED BY PAID CLAIMS. THE INSURED HAS A LIMIT AS INDICATED BELOW, EXCESS OF A $500 000 SEL.F INSURED RETENTION APPLICABLE TO EACH AND EVERY CLAIM. INSR AOOL SU~~ POUCYEFF POLICYEXP LTR TYPE OF INSURANCE INSR VWO POLICY NUMBER {MMIOOlYYYYI (MMlOOIYYYYJ LIMITS GENERAL UABIUTY EACH OCCURENCE $1,000,000I-­DAMAGE TO RENTEDX COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ ex ~CLAIMS MADE D OCCUR MED EXP (Anyone person) $ A t 6792944 07/01/2012 07/01/2013 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $3,000,000 roeN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS -CQMPIOP AGG $!xl POLICY n ~:& n LOC AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $(Ea aoodent) ~ANY AUTO BODILY INJURY (per pe",on) $ I-­ALLOJVNEO ,..... SCHEDULED AUTOS AUTOS BODilY INJURY (Per accidenl) $ I-­'-­NON.QII\A'lED PROPERTY OAMi'GEHIREOAUTOS AUTOS (Per accident) $ c-­ UMBRELLA UAB HOCCUR : EACH OCCURENCE $ I-­EXCESS LIAS CLAIMS·MADE AGGREGATE $ OED I I RETENTION $ OORKERS COMPENSATION AND I we STATU­I 10TH . $EMPLOYERS' UABILITY TORYUMITS ER AXY PROPRIETORIPARTNERIE)(fCUTIVEi E.l. EACH ACCIDENT $OFFICERIMEMBCR E)CLUDEO? NIA ,Mandatory in NH) E.L DISEASE -EA MPlOYEE $.' yes, describe under DESCRIPTION OF OPERAnONS bdow E.L DISEASE -POLICY LIMIT $ A Claims-Made 6792944 07/0112012 07/01/2013 $1,000,000 Each Claim Professional Liability Insurance $3,000,000 Annual Aggregate DES;RIPllON OF OPERA llONS IlOCA liONS I VEHICLES (AttacIlACORD 101. Additional Remarks Schedule,lf more space i. required) Evidence of Professional and General liability insurance as resepcts Sage View Center. The State of Oregon, Human Resources Department, Deschutes County, its divisions, employees, volunteers are inCluded as Additional Insureds as their interests may appear. CERTIFICATE HOLDER I I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEDeschutes County Health Services EXPIRATION DATE THEREOF, NOTICE WIL.L BE DELIVERED IN ACCORDANCE WITH 2577 NE Courtney Dr THE POLICY PROVISIONS. Bend, OR 97701 ACORD 25 (2010/05) I ENDORSEMENT NO.1 6 ThIs endorsement, effectiVe 12:01 AM: July 1. 2011 Forms a part of policy no.: 6792944 Issued to: ST CHARLES HEALTH SYSTEM, INC. Sy: LEXINGTON INSURANCE COMPANY ADDrTIONAL INSUREDS ENDORSEMENT The Po/icy is amended as follows: Section II. WHO IS AN INSURED of the EXCESS HEALTHCARE PROFESSIONAL LJABIUTY COVERAGE PART is amended by adding the following: Deschutes County, its divisions. Officers. agents, employees and volunteers are included as additional insureds. but only as respects any contract or agreement with you. but only as respects liability ariSing out of the conduct of your business. Section II. WHO IS AN INSURED of the HEAL THCARE UMBRELLA COVERAGE PART is amended by adding the following: Deschutes County, its divisions. officers, agents, employees and volunteers are included as additional insureds, but only as respects any contract or agreement with you. but only as respects liabmty arising out of the conduct of your buSiness. AI! other terms, conditions and exclusions of the policy remain unchanged. Authorized Representative or countersignature (where required by law) 94487 (5/07) HC0511