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HomeMy WebLinkAboutDoc 329 - IGA - DHS - Mental Health SvcsDeschutes County Board of Commissioners 1300 NW Wall 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 June 29, 2011 DATE: June 22, 2011 FROM: Nancy England, Contract Specialist, Deschutes County Health Services, 322-7516 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document #2011-329, Intergovernmental Financial Agreement Award #134309 between Deschutes County Health Services, Behavioral Health Division and the Oregon Health Authority for the financing of Community Addictions and Mental Health Services for year 2011-2013. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The Oregon Health Authority (OHA) was created by the 2009 Oregon legislature to bring most health- related programs in the state into a single agency to maximize its purchasing power, the attached Intergovernmental Agreement (#134309) outlines the services and financing for fiscal year 2011-2013. OHA is at the forefront of lowering and containing costs, improving quality and increasing access to health care in order to improve the lifelong health of Oregonians. In the public sector, OHA will consolidate most of the state's health care programs, including Addictions & Mental Health Services (AMH), Public Health, the Oregon Health Plan (OHP), HealthyKids Connect, employee benefits and public-private partnerships. This will give the state greater purchasing and market power to begin tackling issues with costs, quality, lack of preventive care and health care access. In both the public and the private sector, OHA will be working to fundamentally improve how health care is delivered and paid for, but because poor health is only partially due to lack of medical care, OHA will also be working to reduce health disparities and to broaden the state's public health focus. Ultimately, OHA is charged with delivering a plan to the Legislature to ensure that all Oregonians have access to affordable health care. The 2011-2013 biennium Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services sets the dollar amounts and guidelines for Deschutes County Health Services to provide or coordinate provision of behavioral health as well as alcohol, other drug and problem gambling prevention and treatment services for the next two years. The Intergovernmental Agreement (IGA) does not contain funding for Mental Health Services (MHS) financials. It is the intent of the State to send an amendment containing the MHS financial information as soon as possible. FISCAL IMPLICATIONS: Funding reimbursement for Alcohol & Drug service elements FY 11-13 is $785,601 RECOMMENDATION & ACTION REQUESTED: Approval and signature of Document #2011-329, Intergovernmental Financial Agreement Award #134309 between Deschutes County Health Services, Behavioral Health and the Oregon Health Authority is requested. ATTENDANCE: Scott Johnson, Director DISTRIBUTION OF DOCUMENTS: E -Mail (tami.i.goertzenastate.or.us) Tami Goertzen, signed Page 2 of the agreement, a completed page 10 of Exhibit F, and the completed, signed Document Return Statement. Also, please e-mail the Board Resolution and insurance documentation. Original documents to Nancy England at 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. lithe 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.) Date: Please complete all sections above the Official Review line. June 17, 2011 Department: Health Services, Behavioral Health Contractor/Supplier/Consultant Name: Contractor Contact: April Barrett Oregon Health Authority Contractor Phone #: Type of Document: Intergovernmental Agreement 503-945-5821 Goods and/or Services: The Oregon Health Authority (OHA) was created by the 2009 Oregon legislature to bring most health-related programs in the state into a single agency to maximize its purchasing power; the attached Intergovernmental Agreement (#134309) outlines the services and financing for fiscal year 2011-2013. Background & History: OHA is at the forefront of lowering and containing costs, improving quality and increasing access to health care in order to improve the lifelong health of Oregonians. In the public sector, OHA will consolidate most of the state's health care programs, including Public Health, the Oregon Health Plan (OHP), HealthyKids Connect, employee benefits and public-private partnerships. This will give the state greater purchasing and market power to begin tackling issues with costs, quality, lack of preventive care and health care access. In both the public and the private sector, OHA will be working to fundamentally improve how health care is delivered and paid for, but because poor health is only partially due to lack of medical care, OHA will also be working to reduce health disparities and to broaden the state's public health focus. Ultimately, OHA is charged with delivering a plan to the Legislature to ensure that all Oregonians have access to affordable health care. The 2011-2013 biennium Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services sets for the dollar amounts and guidelines for Deschutes County Health Services to provide or coordinate provision of behavioral health and developmental disability treatment services to individuals, as well as alcohol, other drug and problem gambling prevention and treatment services for the coming two years. The Intergovernmental Agreement (IGA) does not contain funding for Mental Health Services (MHS) Financials. It is the intent of the State to send an amendment containing the MHS financial information as soon as possible. Agreement Starting Date: July 01, 2011 Annual Value or Total Payment: Ending Date: June 30, 2013 Biennial revenue is approximately, $785,601. ® Insurance Certificate Received (check box) Insurance Expiration Date: N/A County is Contractor 6/17/2011 Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (4150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? 0 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: 0 Yes 0 No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Phone #: 541-322-7516 Department Director Approval: Nancy England, Contract Specialist Jvne-17,11 Date Distribution of Document: E -Mail (tami.i.goertzen(a.state.or.us) Tami Goertzen, signed Page 2 of the agreement, a completed page 10 of Exhibit F, and the completed, signed Document Return Statement. Also, please e-mail the Board Resolution and insurance documentation. Original documents to Nancy England at Health Services. Official Review: County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K) 0 Administrator (if >$25K but 4150K; if >$150K, BOCC Order No. ) Legal Review Date Document Number: 2011-329 6/17/2011 )tDHS Oregon Department of Human Services ADMINISTRATIVE SERVICES DIVISION Office of Contracts and Procurement Heeg°61thy John A Kitzhaber, MD, Govemor 250 Winter St NE, Room 306 Salem, OR 97301 Voice: (503) 945-5818 FAX: (503) 378-4324 DOCUMENT RETURN STATEMENT Re: Amendment #00 to Agreement #134309 hereinafter referred to as "Document." Please complete the following statement and return it along with the completed signature page and the Contractor Data and Certification page and/or Contractor Tax Identification Information form (if applicable). Important: If you have any questions or find errors in the above referenced Document, please contact the contract specialist, April D. Barrett at (503) 945-5821. I Scott Johnson , Director (Name) (Title) received a copy of the above referenced Document, between the State of Oregon, acting by and through its Oregon Health Authority, and Deschutes County, by e-mail from Tami Goertzen on June 4, 2011. On June 17. 2011 _, I signed the electronically transmitted Document without (Date) change. I am returning the completed signature page and Contractor Data and Certification page and/or Contractor Tax Identification Information form (if applicable) with this Document Return Statement. ‘Junei 17 it (Date) REVitWv ED 'N SEL In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web -based communications and other electronic formats. To request an alternate format, please send an e-mail to dhsalt(astate.or.us or call 503-378-3486 (voice) or 503-378-3523 (TTY) to arrange for the alternative format. AGREEMENT # 134309 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES This 2011-2013 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services (the "Agreement") is between the State of Oregon acting by and through its Oregon Health Authority ("OHA") and Deschutes County, a political subdivision of the State of Oregon ("County"). RECITALS WHEREAS, ORS 430.610(4) and 430.640(1) authorize OHA to assist Oregon counties and groups of Oregon counties in the establishment and financing of community addictions and mental health programs operated or contracted for by one or more counties; WHEREAS, County has established and proposes, during the term of this Agreement, to operate or contract for the operation of community addictions and mental health programs in accordance with the policies, procedures and administrative rules of OHA; WHEREAS, County has requested financial assistance from OHA to operate or contract for the operation of its community addictions and mental health programs; WHEREAS, in connection with County's request for financial assistance and in connection with similar requests from other counties, OHA and representatives of various counties requesting financial assistance, including the Association of Oregon Counties, have attempted to conduct agreement negotiations in accordance with the Principles and Assumptions set forth in a Memorandum of Understanding that was signed by both parties; WHEREAS, OHA is willing, upon the terms of and conditions of this Agreement, to provide financial assistance to County to operate or contract for the operation of its community addictions and mental health programs; WHEREAS, various statutes authorize OHA and County to collaborate and cooperate in providing for basic community addictions and mental health programs and incentives for 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 1131'220 DC 2O11:32r, community-based care in a manner that ensures appropriate and adequate statewide service delivery capacity, subject to availability of funds; and WHEREAS, within existing resources awarded under this agreement, each CMHP/LMHA shall develop a plan to improve the integration of mental health, chemical dependency and physical/dental health care services with each Oregon Health Plan PHP (Prepaid Health Plan) serving individuals in the county. The plan shall be submitted as part of the Biennial Implementation Plan, required by ORS 430.630(1 1)(b), and be limited to providing a brief description of the approach, the basic goals and expected outcomes. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Effective Date and Duration. This Agreement shall become effective on July 1, 2011. Unless terminated earlier in accordance with its terms, this Agreement shall expire on June 30, 2013. 2. Agreement Documents, Order of Precedence. This Agreement consists of the following documents: This Agreement without Exhibits Exhibit A Definitions Exhibit B-1 Service Descriptions Exhibit B-2 Specialized Service Requirements Exhibit C Financial Assistance Award Exhibit D Special Terms and Conditions Exhibit E General Terms and Conditions Exhibit F Standard Terms and Conditions Exhibit G Required Federal Terms and Conditions Exhibit H Required Provider Contract Provisions Exhibit I Provider Insurance Requirements Exhibit J Startup Procedures Exhibit K Catalogue of Federal Domestic Assistance (CFDA) Number Listing In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows, listed from highest precedence to lowest precedence: (a) this Agreement without Exhibits, (b) Exhibit G, (c) Exhibit A (d) Exhibit D, (e) Exhibit E (f) Exhibit B-1, (g) Exhibit B-2, (h) Exhibit F, (i) Exhibit H, , (j) Exhibit I, (k) Exhibit J, (1) Exhibit K. and (m) Exhibit C. 134309 Deschutes Count OHA II-13GT0217-II Approved 5/9/2011 2 of 220 EACH PARTY, BY EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Deschutes County By: Tammy Baney, Chair Deschutes County Board of Commissioners Authorized Signature Date State of Oregon acting by and through its Oregon Health Authority By: Authorized Signature Title Date Approved for Legal Sufficiency: Approved via email by Steven Marlowe 5/9/2011 Assistant Attorney General Date 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 3 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT A DEFINITIONS As used in this Agreement, the following words and phrases shall have the indicated meanings. Certain additional words and phrases are defined in the Service Descriptions, Specialized Service Requirements and special conditions in the Financial Assistance Award. When a word or phrase is defined in a particular Service Description, Specialized Service Requirement or special condition in the Financial Assistance Award, the word or phrase shall not necessarily have the ascribed meaning in any part of the Agreement other than the particular Service Description, Specialized Service Requirement or special condition in which it is defined. 1. "Addiction Services" means all Services whose service code begins with the letters 2. "Agreement Settlement" means OHA's reconciliation, after termination or expiration of this Agreement, of amounts OHA actually disbursed to County under this Agreement from the Financial Assistance Award with amounts that OHA is obligated to pay to County under this Agreement from the Financial Assistance Award, as determined in accordance with the financial assistance calculation methodologies set forth in the Service Descriptions. OHA reconciles disbursements and payments on an individual Service basis as set forth in the Service Descriptions, and in accordance with Exhibit E, Section 1, Disbursement and Recovery of financial assistance. 3. "Allowable Costs" means the costs described in OMB Circular A-87 except to the extent such costs are limited or excluded by other provisions of this Agreement, whether in the applicable Service Descriptions, Specialized Service Requirements, special conditions identified in the Financial Assistance Award (FAA), or otherwise. 4. "Amending Line" has the meaning set forth in Exhibit C. 5. "Authorizing Resolution" has the meaning set forth in section 4 of Exhibit E. 6. "Claim" has the meaning set forth in section 1 of Exhibit F. 7. "Client" means, with respect to a particular Service, any individual who is receiving that Service, in whole or in part, with funds provided under this Agreement. 8. "Client Process Monitoring System" or "CPMS" means OHA's information system that tracks and documents Service delivery or any successor system designated by OHA. 9. "Community Mental Health Program" or "CMHP" means a centrally organized and coordinated program of services for persons with mental and emotional disorders and addiction dependencies operated by, or contractually affiliated with a LMHA and operated in a specific geographic area of the State of Oregon. 10. "Corresponding Line" has the meaning set forth in Exhibit C. 11. "County" has the meaning set forth in the first paragraph of this Agreement. 134309 Deschutes County OHA 11-13 GT0217-H Approved 5/9/2011 4 of 220 12. "County Financial Assistance Administrator" has the meaning set forth in section 4 of Exhibit E. 13. "DHS" means the Department of Human Services of the State of Oregon. 14. "Drug Court" or "Drug Treatment Court" means any court given the responsibility pursuant to ORS 3.450 to handle cases involving substance -abusing offenders through comprehensive supervision, drug testing, treatment services and immediate sanctions and incentives. 15. "Federal Funds" means all funds paid to County under this Agreement that OHA receives from an agency, instrumentality or program of the federal government of the United States. 16. "Financial Assistance Award" or "FAA" means the description of financial assistance set forth in Exhibit C attached hereto and incorporated herein by this reference, as such Financial Assistance Award may be amended from time to time Disbursement of funds identified in the FAA is made by OHA using procedures and systems described in the Exhibit B-1 Service Description for each respective Service. 17. "Grant Appeals Board" has the meaning set forth in section 1 of Exhibit E. 18. "Local Mental Health Authority" or "LMHA" means the county court or board of commissioners of one or more counties who choose to operate a CMHP. 19. "Medicaid" means Federal Funds received by OHA under Title XIX of the Social Security Act and Children's Health Insurance Funds administered jointly with Title XIX funds as part of state medical assistance programs by OHA. 20. "Mental Health Services" means all Services whose service code begins with the letters "MHS." 21. "Misexpenditure" means money, other than an Overexpenditure, disbursed to County by OHA under this Agreement and expended by County that: (a) Is identified by the federal government as expended contrary to applicable statutes, rules, OMB Circulars or any other authority that governs the permissible expenditure of such money, for which the federal government has requested reimbursement by the State of Oregon and whether in the form of a federal determination of improper use of federal funds, a federal notice of disallowance, or otherwise; or (b) Is identified by the State of Oregon or OHA as expended in a manner other than that permitted by this Agreement, including without limitation, any money expended by County, contrary to applicable statutes, rules, OMB Circulars or any other authority that governs the permissible expenditure of such money; or (c) Is identified by the State of Oregon or OHA as expended on the delivery of a Service that did not meet the standards and requirements of this Agreement with respect to that Service. 22. "Overexpenditure" means money disbursed by OHA under this Agreement and expended by County that is identified by the State of Oregon or OHA, through Agreement Settlement or any other disbursement/payment reconciliation permitted or required by this Agreement, as in excess of the amount County is entitled to as determined in accordance with the 134309 Deschutes County OI -IA I I -13 GT0217- I I Approved 5/9/2011 5 of 220 financial assistance calculation methodologies set forth in the applicable Service Descriptions or Exhibit D. 23. "Program Area" means any one of the following: Mental Health Services or Addiction Services. 24. "Provider" has the meaning set forth in section 6 of Exhibit E. As used in a Service Description and elsewhere in this Agreement where the context requires, Provider also includes County if County provides the Service directly. 25. "Provider Contract" has the meaning set forth in section 6 of Exhibit E. 26. "Seniors and People with Disabilities" or "SPD" means DHS's section responsible for management, financing and regulation of Developmental Disability Services. 27. "Service" means any one of the following services or group of related services as described in Exhibit B-1, whose costs are covered in whole or in part with financial assistance pursuant to Exhibit C of this Agreement. Only Services whose costs are covered in whole or in part with financial assistance pursuant to Exhibit C, as amended from time to time, are subject to this Agreement. Service Name Service Code Local Administration — Mental Health Services MHS 01 Local Administration — Addictions Services A&D 03 A&D Special Projects A&D 60 Adult Alcohol and Drug Residential Treatment A&D 61 Housing Services for Dependent Children Whose Parents are in Alcohol and Drug Residential Treatment A&D 62 Peer Delivered Services A&D 63 Continuum of Care Services A&D 66 Alcohol and Drug Residential Capacity Services A&D 67 Prevention Services A&D 70 Youth Alcohol and Drug Residential Treatment Services A&D 71 Drug Treatment Court Services A&D 72 Integrated Co -Occurring Disorders (COD) Treatment Services A&D 73 Problem Gambling Prevention Services A&D 80 Problem Gambling Treatment Services A&D 81 Problem Gambling Special Projects A&D 82 Non -Residential Mental Health Services For Adults — General MHS 20 Child and Adolescent Mental Health Services MHS 22 Regional Acute Psychiatric Inpatient Services MHS 24 Community Crisis Services for Adults and Children MHS 25 Non -Residential Youth and Young Adults Mental Health Services In Transition (Designated) MHS 26 Residential Mental Health Treatment Services for Youth and Young Adults In Transition MHS 27 134309 Deschutes County OI -IA I I-13GT0217-11 Approved 5/0/2011 6 of 220 Service Name Service Code Residential Treatment Services MHS 28 Community Treatment and Supervision Services for Individuals Under the Jurisdiction of the Adult and Juvenile Panels of the Psychiatric Security Review Boards MHS 30 Enhanced Care/Enhanced Care Outreach Services MHS 31 Adult Foster Care Services MHS 34 Older/Disabled Adult Mental Health Services MHS 35 Pre -Admission Screening and Resident Review Services MHS 36 MHS Special Projects MHS 37 Evidence -Based Supported Employment Services MHS 38 Projects For Assistance In Transition From Homelessness (PATH) Services MHS 39 Non -Residential Mental Health Services For Adults (Designated) MHS 201 28. "Service Description" means the description of a Service set forth in Exhibit B-1. 29. "Specialized Service Requirement" means any one of the following specialized service requirements as described in Exhibit B-2 whose costs are covered in whole or in part with Financial Assistance pursuant to Exhibit C of this Agreement. Only Services whose costs are covered in whole or in part with financial assistance pursuant to Exhibit C, as amended from time to time, are subject to this Agreement. Specialized Service Requirement Name Specialized Service Requirement Code Intensive Treatment and Recovery Services A&D 61A Intensive Treatment and Recovery Services A&D 66A Treatment Foster Care Services MHS 22A Early Psychosis Project (EPP) MHS 26A Secure Residential Treatment Facility MHS 28A Relative Foster Care MHS 34A Gero-Specialist MHS 35A SPD Residential MHS 35B 30. "Underexpenditure" means money disbursed by OHA under this Agreement that remains unexpended at Agreement termination or expiration, other than money County is permitted to retain and expend in the future under section 4.b of Exhibit E. 134309 Deschutes County OHA 11-13 GT0217-I1 Approved 5/9/2011 7 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTHSERVICES EXHIBIT B-1 SERVICE DESCRIPTIONS Not all Services described in Exhibit B-1 may be covered in whole or in part with financial assistance pursuant to Exhibit C of this Agreement. Only Services whose costs are covered in whole or in part with financial assistance pursuant to Exhibit C, as amended from time to time, are subject to this Agreement. 134309 Deschutes Count OHA 11-13 GT0217-I1 Approved 5/9/2011 8 of 220 Service Name: Local Administration — Mental Health Services Service ID Code: MHS 01 I. Service Description Mental Health Local Administration (MHS 01) is the central management of a Community Mental Health Program for which financial assistance is included in the Financial Assistance Award of this Agreement. MHS 01 includes planning and resource development, coordination of Community Mental Health Program services with state hospital services, negotiation and monitoring of contracts and subcontracts, and documentation of service delivery in compliance with state and federal requirements. II. Performance Requirements In providing MHS 01 Mental Health Services, County must comply with OAR 309-014- 0000 through 309-014-0040, as such rules may be revised from time to time. II1. Special Reporting Requirements No special reporting requirements. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: The financial assistance awarded for MHS 01 is intended to be general financial assistance to County for local administration of a CMHP. Accordingly, OHA will not track delivery of MHS 01 Services or service capacity on a per unit basis so long as County utilizes the funds awarded for MHS 01 on administration of its CMHP. Total OHA financial assistance for MHS 01 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 01 as specified on that line. B. Disbursement of Funds: Unless a different disbursement method is specified in the Financial Assistance Award, OHA will disburse the financial assistance awarded for MHS 01 Services identified 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. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in funds awarded for MHS 01 Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm County's administration of its CNIHP and reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of financial assistance awarded for MHS 01 Services under a particular line of the Financial Assistance Award and amounts due for such services based on the delivery of Mental Health or Addiction Services and the financial assistance awarded for those services under a particular line of the Financial Assistance Award. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 9 (4'220 Service Name: Local Administration — Addictions Services Service ID Code: A&D 03 I. Service Description Local Administration (A&D 03) is the central management of a Community Mental Health Program for which financial assistance is included in the Financial Assistance Award of this Agreement. A&D 03 includes planning and resource development, coordination of Community Mental Health Program service delivery for alcohol abuse, drug abuse and problem gambling, negotiation and monitoring of contracts and subcontracts, and documentation of service delivery in compliance with state and federal requirements. II. Performance Requirements In providing A&D 03 Services for Addiction Services, County must comply with OAR 309-014-0000 through 309-014-0040, as such rules may be revised from time to time. III. Special Reporting Requirements No special reporting requirements. IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance: The financial assistance awarded for A&D 03 is intended to be general financial assistance to County for local administration of a CMHP for Addiction services. Accordingly, OHA will not track delivery of A&D 03 Services or service capacity on a per unit basis so long as County utilizes the funds awarded for A&D 03 on administration of its CMHP. Total OHA financial assistance for A&D 03 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 03 as specified on that line. B. Disbursement of Funds. Unless a different disbursement method is specified in the Financial Assistance Award, OHA will disburse the financial assistance awarded for A&D 03 Services identified 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. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in funds awarded for A&D 03 Services on that line of the Financial Assistance Award. 134309 Deschutes Count\ OHA 11-13 GT0217-1 I Approved 5/9/2011 10 of 220 C. Agreement Settlement: Agreement Settlement will be used to confirm County's administration of its CMHP and reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of financial assistance awarded for A&D 03 Services under a particular line of the Financial Assistance Award and amounts due for such services based on the delivery of Addiction Services and the financial assistance awarded for those services under a particular line of the Financial Assistance Award. 134309 Deschutes County Approved 5/9/2011 11 of220 OHA 11-13 GT0217-11 Service Name: A&D SPECIAL PROJECTS Service ID Code: A&D 60 I. Service Description A&D Special Projects (A&D 60) are alcohol and drug abuse services within the scope of ORS 430.630 delivered on a demonstration or emergency basis for a specified period of time. Each project is described in a separate exhibit to this A&D 60 Service Description. When the Financial Assistance Award contains a line awarding funds for A&D 60 Services, that line will contain a special condition specifying the exhibit to this A&D 60 Service Description that describes the project for which the funds are awarded. The specific A&D 60 Services for which financial assistance is provided under this Agreement are described in exhibits, if any, to this A&D 60 Service Description, which exhibits are incorporated herein by this reference. II. Performance Standards See exhibits, if any, to this A&D 60 Service Description. III. Special Reporting Requirements See exhibits, if any, to this A&D 60 Service Description. IV. Payment Procedures See exhibits, if any. to this A&D 60 Service Description. Even if the Financial Assistance Award awards funds for A&D 60 Services, OHA shall have no obligation to provide financial assistance under this Agreement for any A&D 60 Services (even if funds therefore are disbursed to County) unless a corresponding special project description is attached to this Service Description as an exhibit. Even if the Financial Assistance Award awards funds for A&D 60 Services, OHA shall have no obligation to disburse any funds under this Agreement for A&D 60 Services unless a corresponding special project description is attached to this Service Description as an exhibit. 134309 Deschutes County OHA 1 I-13 GT0217-11 Approved 5/9/2011 12 of 220 Exhibit A&D 60 -Startup I. Service Description The funds awarded for this special project must be used for start-up activities described in a special condition. For purposes of this special project description, start-up activities are activities necessary to prepare for new or revised implementation of alcohol and drug abuse services. I. Performance Requirements The funds awarded for this special project may be expended only in accordance with Exhibit J, Startup Procedures, which is incorporated herein by this reference.. II. Special Reporting Requirements County shall prepare and submit expenditure reports to OHA on the expenditure of the funds awarded for this special project. Reports shall be sent to: Oregon Health Authority Addictions and Mental Health 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. III. Financial Assistance Calculation and Disbursement Procedures A. Financial Assistance Calculation: OHA will provide financial assistance for this special project, from funds identified in a particular line of the Financial Assistance Award, in an amount equal to the actual allowable expenditures (as described in Exhibit J, Startup Procedures) incurred in implementing the special project during the period specified in that line, subject to the requirements of Exhibit J, Startup Procedures and subject to the following additional restrictions: 1. Total financial assistance for implementation of the special project described herein under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for the special project described herein in that line of the Financial Assistance Award; and 2. OHA is not obligated to provide financial assistance for any special project expenditures that are not properly reported to OHA using forms and procedures described in Exhibit J, Startup Procedures by the date 60 days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for A&D 60 services, or termination of 134309 Deschutes County OHA 11-13 GT0217-I I Approved 5/9/2011 13 o1.220 County's obligation to include the Program Area, in which A&D 60 Services fall, in its CMHP. B. Disbursement: OHA will disburse the funds awarded for this special project in a particular line of the Financial Assistance Award after OHA's receipt of County's properly completed "Request for Payment of Start -Up Funds", as described in and in accordance with Exhibit J. Startup Procedures. C. Agreement Settlement: Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for these special projects under a particular line of the Financial Assistance Award and amounts due for implementation of the special projects based on actual allowable expenditures incurred in implementing the special project under that line of the Financial Assistance Award, as such expenses are properly reported using forms and procedures described in Exhibit J, Startup Procedures. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 14 of 220 EXHIBIT A&D 60 -Strategic Prevention Framework (SPF) I. Service Description The Strategic Prevention Framework State Incentive Grant (SPF SIG) program will provide an effective, comprehensive prevention framework with a common set of goals to be adopted and integrated at the local level to: • Prevent the onset and reduce the progression of substance abuse, including childhood and underage drinking; • Reduce substance abuse -related problems; and • Build prevention capacity and infrastructure at the local level. SPF SIG -funded programs shall utilize the Department of Health and Human Service's Substance Abuse Mental Health Service Administration's (SAMHSA's) SPF SIG (available at http://prevention.samhsa.gov/evidencebased/evidencebased.pdf) as the model on which to develop long-range strategic plans and annual action plans. In sum, the SPF SIG is a five-step evidence -based process for community planning and decision- making. The five-step model includes, but is not limited to: 1. Assessment: Mobilize key stakeholders to collect the needed data to understand substance abuse consequences, consumption patterns, and contributing factors to those patterns of the specific drug use issues identified. 2. Capacity: Mobilize/build capacity with a local coalition to change the conditions and address the specific drug use issues identified. 3. Planning: Produce strategic goals, objectives, and performance targets as well as preliminary action plans including a logic model. 4. Implementation: Implement the plan with multiple policies, practices, strategies, or interventions based on characteristics, culture, and context of the target population. 5. Evaluation: Measure impact of SPF and monitor, sustain, improve, or replace implemented practices, policies or programs based on evaluation findings. SPF SIG services will be implemented through one or more of the SAMHSA Center for Substance Abuse Prevention's (CSAP) six strategies. The six strategies with examples of services are: 1. Information Dissemination- media campaigns, speaking engagements; 2. Prevention Education — school curricula and parenting education and skill building; 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 15 or 220 3. Alcohol, Tobacco & Other Drug (ATOD) free alternatives, youth leadership and community service projects; 4. Problem Identification and Referral — student assistance programs 5. Community Based Processes- interagency collaboration, coalition building, and networking; 6. Environmental/Social Policy- school policies and community laws concerning alcohol. tobacco and other drugs. II. Performance Requirements County, in providing A&D 60 Services, must comply with OAR 415-056-0000 through 415-056-0025, and must have a current Letter of Approval issued by OHA. County must implement its SPF SIG Services funded through this Agreement in accordance with the SPF SIG framework, described in section 1, culminating with a Strategic Plan, (Plan), which is subject to OHA approval, within the first six months of funded services. OHA Financial Assistance to the County in the subsequent biennium, for SPF SIG Services, will in part depend upon the County achievement of the outcomes set forth in the Plan. In the event of a conflict or inconsistency between the provisions of the Plan and the provisions of this Service Description, the provisions of this Service Description shall control. County's performance shall include the following: Assessment: • Additional needs assessment data collection: measuring the intervening variables for problem behavior through completion of a logic model. Data is expected to be as localized as possible. • Complete other assessment tools as directed to include Tri -Ethnic Community Readiness Assessment and cross -site evaluation instruments (e.g. GLI, CLI and PLI). Capacity: • One FTE for Project Director. • Coalition: County must either have in place or form a coalition with required sectors, as defined by the SPF Advisory Council. The coalition must demonstrate the following: mission statement, bylaws (including cultural competency statement/policy), officers, records of meeting notes/minutes, meeting schedule, coalition/board development/training plan, etc. Planning: • A comprehensive Plan will be completed for priorities identified by OHA. The Plan will address all five steps of the SPF SIG process with inclusion of sustainability and cultural competency. Logic models addressing root causes or intervening variables 134309 Deschutes County O}IA 11-13 Gf0217-11 Approved 5/9/2011 16 of220 from sub -recipient location will be included to ensure that counties will be able to guarantee the right fit of the practices, policies or programs selected for implementation to make countywide changes in the priority area. • Detailed timelines, goals and objectives, and challenges/barriers will also be addressed in the Plan. Implementation: • The Plan will be reviewed by OHA's Evidence -Based Practices Committee to ensure that the appropriate strategies, policies, and practices are implemented to address the priority area. All chosen strategies, policies, and practices must meet the 75% threshold of being evidence based. The Plan must also be approved by the SPF Advisory Council. • Training will be provided by OHA to ensure that the County has the capacity to deliver and replicate the programs, policies, and practices in order to reach the desired change. Evaluation: • County will complete evaluation tools and any other evaluation requirements as instructed by OHA's evaluation team. • Data entry and reports will be monitored and tracked. • County will make best efforts to have a written commitment from all of the County's schools to implement the Student Wellness Survey. County must participate in site visits, any state trainings or required meetings. County shall comply with OHA's written materials provided at OHA's training sessions. III. Special Reporting Requirements Ongoing monitoring and evaluation are essential to determine if the outcomes desired are achieved and to assess program effectiveness and service delivery quality. All tools and evaluation measures will be provided by OHA's prevention unit. • County must provide federally required performance data including the Community Level Instrument (CLI) and the Program Level Instrument (PLI) upon request by OHA, with quarterly reports being completed for and returned to OHA. • County will complete the needs assessment workbook, evaluation workbook and any other tool deemed reasonably necessary by OHA. • County must provide a one-year budget narrative (budget detail and justification) to OHA's prevention unit. IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance. The funds awarded for SPF are intended to be general financial assistance to County for this SPF project. Accordingly, OHA 134309 Deschutes County OIIA 11-13 GT0217-H Approved 5/9/2011 17 of220 will not track delivery of SPF services on a per unit basis so long as County delivers SPF Services as part of its CMHP. Total OHA financial assistance for SPF Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for SPF Services as specified on that line. B. Disbursement: OHA will disburse the funds awarded for SPF Services identified in a particular line of the Financial Assistance Award to County as set forth in the Special Condition on that line: 1. OHA may, upon written request of County, adjust allotments. 2. Upon amendment to the Financial Assistance Award, OHA shall adjust allotments as necessary, to reflect changes in the funds awarded for SPF Services on that line of the Financial Assistance Award. 3. OHA may, after notice to County, suspend allotments pending receipt of complete and accurate CLI and PLI data and required reports described in Section III above. C. Agreement Settlement. Agreement Settlement will be used to verify the inclusion of SPF Services as part of County's CMHP, based on data properly reported to OHA through reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County Approved 5/9/2011 18 of 220 OHA 11-13 GT0217-11 Service Name: ADULT ALCOHOL AND DRUG RESIDENTIAL TREATMENT SERVICES Service ID Code: A&D 61 I. Service Description Adult Alcohol and Drug Residential Treatment Services (A&D 61) are services delivered to individuals 18 years of age or older who are unable to live independently in the community, cannot maintain even a short period of abstinence and are in need of 24-hour supervision, treatment and care. The purpose of A&D 61 Services is to support, stabilize and rehabilitate individuals and to permit them to return to independent community living. A&D 61 Services provide a structured environment for an individual on a 24-hour basis consistent with Level III of the chemical dependency placement, continued stay and discharge criteria set forth in OAR 309-032-1500 through 309-032-1565, as such rules may be revised from time to time, as appropriate to the individual's needs and include structured counseling, educational services, recreation services, self help group participation services, and planning for self-directed recovery management to support the gains made during treatment. In addition, providers must have written admission polices and procedures in place for individuals who appropriately use prescribed medications to treat addiction. Written polices and procedures must include referrals to alternate treatment resources for those not admitted to the program. A&D 61 Services address the needs of diverse population groups within the community, with special emphasis on ethnic minorities. II. Performance Requirements Providers of A&D 61 Services funded through this Agreement must comply with OAR 309-032-1500 through 309-032-1565, as such rules may be revised from time to time. Providers of A&D 61 Services funded through this Agreement must also have a current license issued by the OHA in accordance with OAR 415-012-0000 through 415-012- 0090. Subject to the preference for pregnant women and intravenous drug users described in Exhibit G, Required Federal Terms and Conditions, County and Providers of A&D 61 Services funded through this Agreement must give priority access to such Services first to individuals referred from the Oregon Health Authority and to individuals who are covered by Medicaid and then to individuals referred by Drug Treatment Courts from within the region as such region is designated by the OHA after consultation with County and relevant Providers. A&D 61 Services funded through this Agreement may be delivered to individuals referred from any county within the region and no priority or preference shall be given to individuals referred from any particular county with the region based on the referring county. Except as provided in IV.C, Agreement Settlement of this service description, at least 60% of the A&D 61 Services funded through this Agreement must be delivered to individuals receiving Medicaid. The remaining A&D 61 134309 Deschutes County OHA 1 1-13 GT0217-11 Approved 5/9/2011 19 of 220 Services funded through this Agreement may be delivered to individuals who need State support to finance their treatment, and who may or may not be eligible for Medicaid. Providers of A&D 61 Services funded through this Agreement must participate in client outcome studies conducted by OHA. III. Special Reporting Requirements All individuals receiving A&D 61 Services with funds provided under this Agreement must be enrolled in CPMS, and the individual's CPMS record for A&D 61 Services must be maintained, as specified in OHA's CPMS manual located at http://www.oregon ;ov/OHA/mentalhealth/publications/cpms-manual/ad2009cpms- manual.pdf?ga=t IV. Financial Assistance Calculation and Disbursement Procedures The procedures for calculating and disbursing financial assistance from A&D61 funds included in the Financial Assistance Award are set forth below. Funds Described in the Financial Assistance Award A. Calculation of Financial Assistance. OHA will provide financial assistance for A&D61 Services identified in a particular line of the Financial Assistance Award from funds identified on that line in an amount equal to the rate set forth in the special condition identified in that line of the Financial Assistance Award, multiplied by the number of units ofA&D61 Services delivered under that line of the Financial Assistance Award during the period specified in that line, subject to the following: 1. Total OHA financial assistance for A&D61 Services delivered under a particular line in the Financial Assistance Award shall not exceed the total funds awarded for A&D61 Services as specified in that line in the Financial Assistance Award; and 2. OHA is not obligated to provide financial assistance for any A&D61 Services for individuals who are not properly reported through CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement) by the date 60 days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for A&D61 Services, or termination of County's obligation to include the Program Area, in which A&D61 Services fall, in its CMHP. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the financial assistance awarded for A&D 61 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: 134309 Deschutes Count\ MIA 11-13 GT0217-11 Approved 519/2011 20 of 220 1 OHA may, after 30 days (unless parties agree otherwise) written notice to County, reduce the monthly allotments based on under -used allotments identified through CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement or Special Terms and Conditions; 2. OHA may, upon written request of County, adjust monthly allotments; and 3. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for A&D 61 Services on that line of the Financial Assistance Award. C. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for A&D61 Services under a particular line of the Financial Assistance Award and amounts due for such services provided based on the rate set forth in the special condition identified in that line of the Financial Assistance Award. For purposes of this section, "amounts due" is determined by the actual amount of services delivered under that line of the Financial Assistance Award during the period specified in that line of the Financial Assistance Award, as properly reported in CPMS or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement. The Medicaid eligibility percentage requirement will be settled on an average statewide basis. If the statewide percentage of recipients of AD 61 services who are eligible for Medicaid falls below 60%, settlement will be made with those Counties who fall below the minimum percentage. Settlement will be based on the percentage County falls below the statewide percentage requirement and to the extent necessary that when combined with other Counties who fall below the statewide percentage enable the state to meet its statewide percentage minimum. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 21 of 220 Service Name: HOUSING SERVICES FOR DEPENDENT CHILDREN WHOSE PARENTS ARE IN ALCOHOL AND DRUG RESIDENTIAL TREATMENT Service ID Code: A&D 62 I. Service Description Housing Services for Dependent Children Whose Parents are in Alcohol and Drug Residential Treatment (A&D 62) are housing services (room and board) delivered to individuals who are dependent children age 18 and younger so the child(ren) may reside with their custodial parent in the same adult alcohol and drug residential treatment facility. II. Performance Requirements Providers ofA&D 62 services funded through this Agreement must comply with OAR 309-032-1500 through 309-032-1565, as such rules may be revised from time to time. Providers ofA&D 62 services funded through this Agreement must also have a current license issued by the OHA in accordance with OAR 415-012-0000 through 415-012- 0090, as such rules may be revised from time to time, and participate in outcome studies conducted by the OHA. III. Special Reporting Requirements All individuals receiving A&D 62 Services with funds provided under this Agreement must be enrolled in CPMS, and the individual's CPMS record for A&D 62 Services must be maintained, as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/pub l ications/cpms-manual/ad2009cpms- manual.pdf?ga=t. IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance. The funds awarded for A&D 62 services are intended to be general financial assistance to the County for A&D 62 services with funds provided under this Agreement. Accordingly, the OHA will not track delivery ofA&D 62 services on a per unit basis, so long as the County offers and delivers A&D 62 services as part of its CMHP. Total OHA payment for all A&D 62 services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 62 services as specified in that line of the Financial Assistance Award. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the financial assistance awarded for A&D 62 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: 134309 Deschutes Count' QHA H-13 GT0217-1 I Approved 5/9/2011 22 of 220 1. OHA may, upon written request of County, adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for A&D 62 Services on that line of the Financial Assistance Award. C. Agreement Settlement. Agreement Settlement will be used to confirm the offer and delivery of A&D 62 services by County as part of its CMHP based on the delivery of A&D 62 services as properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT02I7-11 Approved 5/9/2011 23 o1220 Service Name: Peer Delivered Services Service ID Code: A&D 63 I. Service Description For the purpose of A&D 63, Recovery Center, Facilitating Center, Peer Delivered Services, and Peer Support Specialist have the following meanings. Recovery Centers are comprised of and led by people in recovery from Substance Use Disorders, as defined in OAR 309-032-1505(128). The centers maintain a structured daily schedule of activities where Peer Delivered Services may be delivered . These centers serve as recovery resources for the local community. Facilitating Centers serve as "mentor sites" training and providing ongoing technical assistance for the Recovery Centers. Facilitating Centers provide structure and support for developing and sustaining Recovery Centers. People in recovery will be involved in every aspect of program design and implementation. Facilitating Centers must use curricula approved by the Addictions and Mental Health Division for training purposes. Peer Delivered Services include an array of services designed to meet the needs of participants as they progress through various stages in their recovery from Substance Use Disorders, including: emotional, informational, instrumental, and family supports. Peer Delivered Services are further defined in OAR 309-032-1500 through 309-032-1565, particularly OAR 309-032-1505(88). Peer Delivered Services include, but are not limited to: 1. Assertive outreach to identify and engage those in need of recovery. 2. Minimizing harm to self, family, and community in the transitions through identification, engagement, destabilization of addiction, and recovery initiation. 3. Recovery capital/need assessment for individuals, families, communities. 4. Recovery education and coaching for individual/family (normative recovery information, encouragement, support, and companionship; enhancement of recovery self-management skills), often delivered in the environment of the individual/family. 5. Community -level recovery education. 6. Recovery resource identification, mapping, and development, including volunteer recruitment. 7. Recovery resource mobilization (activating a state of readiness to respond to the needs of an individual/family at a particular point in time). 8. Community -level recovery resource development. 9. Assertive linkage to communities of recovery (support groups and support institutions). 134309 Deschutes County Approved 5/9/2011 24 of 220 OHA 1113 GT0217-I 1 10. Liaison (bridging, brokering/negotiating, partnering) between individual, family, organization, and community. 1 1 . Recovery -focused skill training aimed at full community participation in education, employment, housing, leisure, worship and pro -recovery family and social relationships. 12. Companionship and modeling of recovery lifestyle, including participation in leisure activities that would be judged a breach of ethics for addiction counselors, e.g. eating together at a restaurant, attending or participating in a sporting event, attending a social event such as a concert or recovery celebration event. 13. Problem -solving to eliminate obstacles to recovery, e.g. linkage to resources for child-care, transportation, community re-entry from jail/prison. 14. Recovery check-ups (sustained monitoring, support/companionship, and recovery promotion). 15. Recovery advocacy for individual/family needs (empower individuals and family members to assert their rights and needs). 16. Recovery leadership development. 17. Conducting a regular self -inventory of personal and organizational performance via reflection, dialogue with service constituents, and analysis of recovery -focused service benchmark data. 18. Emotional support. Emotional support refers to demonstrations of empathy, caring, and concern that enhance self-esteem and confidence. Peer mentoring, peer coaching, and peer -led support groups are examples of peer-to-peer recovery services that provide emotional support. 19. Informational support. informational support refers to sharing knowledge, information and skills. Peer -led life skills training, job skills training, educational assistance, and health and wellness information are examples of peer-to-peer recovery support services. 20. Instrumental support. Instrumental support services include modeling and peer - assisted daily -life tasks that people with serious addiction histories in early recovery are often incapable of doing on their own having never attained these skills. Examples include navigating transportation to support groups, accessing quality child care, completing job applications, locating safe alcohol and drug free housing, obtaining vocational, educational, and self-sufficiency supports, and navigating social service programs. Affiliation support helps people in recovery establish positive connections with others in recovery. This support helps people in early recovery establish a positive peer culture that prevents re -affiliation with negative peer cultures such as former associates who are not in recovery and people who are actively engaged in criminal behavior. 21. Family support. Family support includes educational, informational and affiliation services for family members with relatives (as identified by the family) who are in recovery from substance use disorders. These services are designed to help families 134309 Deschutes County ODA 11-13 GT0217-11 Approved 5/9/2011 25 of 220 develop and maintain positive relationships, improve family functioning, increase understanding of recovery processes and build connections among family members for mutual support. Peer Support Specialists are individuals defined in OAR 309-032-1505(89) which may be revised from time to time. Peer Support Specialists are compensated for delivering Peer Delivered Services. Peer Support Specialists must provide documentation of completion of an AMH/DHS approved core curricula including ethics training. Target Population: Individuals with Substance Use Disorders, as defined in 309-032-1505(128), and who are seeking long-term recovery are included in the target population (Target Population). II. Performance Requirements and Quality Measures County shall use the funds awarded under this Agreement to provide Peer Delivered Services in a manner that benefits the Target Population. The Peer Delivered Services shall be delivered at Recovery Centers or in communities by Peer Support Specialists. To the satisfaction of the OI --IA, County must insure that Peer Delivered Services: 1. Are clearly defined in ways that differentiate them from professional treatment services and from sponsorship in 12 -Step or other mutual -aid groups. 2. Are authentically peer based (participatory, peer led and peer driven) in design and operation. 3. Are authentically peer engaging and retaining a pool of peer leaders who reflect the diversity of the community and of people seeking recovery support. 4. Have an intentional focus on leadership development. 5. Operate within an ethical framework that reflects peer and recovery values. 6. Incorporate principles of self-care, which are modeled by staff and peer leaders, and have a well considered process for handling relapses. 7. Are non -stigmatizing strengths -based. 8. Honors the cultural practices of all participants and incorporate cultural strengths into the recovery process. 9. Connect peers with other community resources irrespective of types of services offered. 10. Have well established mutually supportive relationships with key stakeholders. 11. Have a plan to sustain itself. 12. Have well documented governance, fiscal, and risk management practices to support its efforts. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 26 of 220 13. Are based on identified community and individual strengths and needs including cultural and population characteristics. 14. Are culturally responsive, and geographically accessible. 15. Are delivered by Peer Support Specialists who maintain policies and procedures that facilitate and document accessibility to a full range of services. The quality of the Peer Delivered Services supported with funds provided under this Agreement will be measured in accordance with the criteria set forth herein. These criteria are applied on a county -wide basis each calendar quarter (or portion thereof) during the period for which the funds are awarded for Peer Delivered Services under this Agreement. Providers employing Peer Support Specialists must develop and implement quality assurance/quality improvement processes to improve, progressively as measured by the criteria set forth herein, the quality of Peer Delivered Services supported by funds under this Agreement. AMH may recommend additional actions to improve quality. III. Special Reporting Requirements Within 30 days of the County providing A&D 63 services, County will provide an entry baseline assessment report in a form satisfactory to OHA. Within 30 days after the end of each quarter in the 2011-2013 biennium, County shall submit to OHA, AMH a report that includes: 1. The amount of funds spent as of the end of the reporting period; 2. Number of people served by Peer Support Specialist(s) categorized by age, gender and ethnicity; 3. Breakdown of service received; 4. Number of people who acquired safe, permanent, alcohol and drug free place to live in the community during service participation; 5. Number of people who gained employment or engaged in productive educational or vocational activities during service participation; 6. Number of people who remained crime -free during service participation; and, 7. Number of people served who are being retained from the previous quarter. AMH will provide templates for reporting purposes. IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance: The funds awarded for A&D 63 are intended to be general financial assistance to the County for A&D 63. Accordingly, OHA will not track delivery of A&D 63 services or service capacity on a per unit basis except as necessary to verify the performance requirements set forth above have been meet. Total OHA financial assistance for all A&D 63 services delivered 134309 Deschutes County 0IIA 11-13 GT0217-I1 Approved 5/9/2011 27 of 220 under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 63 as specified in that line of the Financial Assistance Award. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for A&D 63 services on a particular line of the Financial Assistance Award to County in substantially equal monthly allotments during the period specified in the Financial Assistance Award, subject to the following: 1. OHA may, upon written request of County, adjust monthly allotments. 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary to reflect changes in the funds awarded for A&D 63 services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of these services described herein and satisfaction of the minimum performance requirements, based on data properly reported through reports required or permitted by this service description. 134309 Deschutes Count OHA 11-13GT0217-I1 Approved 5/9/2011 28 of 220 Service Name: CONTINUUM OF CARE SERVICES Service ID Code: A&D 66 I. Service Description Continuum of Care Services (A&D 66) are services delivered to youth and adults with substance use disorders. The purpose of A&D 66 Services is to build upon resilience, assisting individuals to make healthier lifestyle choices and to promote recovery from substance use disorders. A&D 66 Services consist of case management, clinical care and continuing care delivered when therapeutically necessary and consistent with the developmental and clinical needs of the individual. Continuum of Care Services (A&D 66) must be provided in a manner that is informed by generally accepted research that has been applied to the populations served through this Agreement. For purposes of A&D 66, case management, clinical care and continuing care have the following meanings: Case Management services are flexible, community-based, recovery and client -oriented services that enhance the scope of the addiction treatment and recovery continuum by providing the individual with a single point of contact for multiple health and social service systems and assisting the individual in advocating for his or her needs. Case management services assist the individual with needs that generally are thought to be outside the realm of substance use disorder treatment. Case management services also assist individuals transitioning from community settings to residential care and from residential care back to community settings. Clinical Care services are assessment, counseling and treatment services, meeting the Standards for Outpatient and Residential Alcohol and Drug Treatment Programs (set forth in OAR 309-032-1500 through 309-032-1565, as such rules may be amended from time to time). The services may also include medically prescribed pharmacological agents approved by the U.S. Food and Drug Administration for the treatment of substance use disorders, i.e., methadone, buprenorphine, acamprosate and naltrexone. Continuing Care services are services provided to individuals in treatment to sustain their commitment to recovery and consist of ongoing intermittent contact by the individual with a treatment Provider including, but not limited to, telephone outreach, participation in individual or group counseling, self help groups and programs, and transitional housing. A&D 66 Services are provided at one of the following levels of care as therapeutically necessary and consistent with the clinical need of the individual: Level I (Outpatient) Non-residential treatment services provided to the individual in regularly scheduled face-to-face therapeutic sessions. This level of service consists of 1- 6 hours per week of face-to-face therapeutic sessions for adolescents and 1-9 hours per week for adults. Such services may include individual, group and family counseling, as well as long-term support for recovery management including relapse prevention. 134309 Deschutes Count Approved 5/9/2011 29 or220 OHA I1-13 GT0217-I1 Level II (Intensive Outpatient) This level of service affords the individual the opportunity to remain in his or her existing environment (social, familial, vocational), while still benefiting from a therapeutic, structured program. It is a non-residential service consisting of at least nine hours of face-to-face contact per week for adults and at least six hours of face-to-face contact per week for adolescents who meet the administrative rule placement requirements (OAR 309-032-1525(3)(d)(F))for this level of care. Level II Providers may provide evening services, day treatment services, or partial hospitalization. Such Services may include individual, group and family counseling, as well as medically -prescribed pharmacological agents. Level III Non-medical Detoxification This level of service provides twenty-four hour observation, monitoring and treatment for individuals who are suffering from alcohol or other drug intoxication or withdrawal. Subject to the preference for pregnant women and intravenous drug users described in Exhibit G, Required Federal Terms and Conditions, County must give preference in A&D 66 service delivery to persons referred by OHA and persons referred by Drug Treatment Courts within County's service area. II. Performance Standards and Quality Measures Providers of A&D 66 Services funded through this Contract must also have a current license issued by the OHA in accordance with OAR 415-012-0000 through 415-012- 0090. Providers of A&D 66 Continuing Care Level I and II Services funded through this Agreement must comply with OAR 309-032-1500 through 309-032-1565 and OAR 415- 020-0000 through 415-020-0090, as such rules may be revised from time to time. Providers of A&D 66 Continuing Care Level III Services funded through this Agreement must comply with OAR 415-050-0000 through 415-050-0095, as such rules may be revised from time to time. With respect to each individual that Provider serves with funds provided under this Agreement, Provider shall deliver all A&D 66 Services therapeutically necessary for an eligible individual from the date Provider begins serving the individual through the date set forth in the Financial Assistance Award. A&D 66 Continuing Care Level I or Level II services provided to any individual enrolled in the Oregon Health Plan for chemical dependency benefits are not eligible for payment under this Agreement. Providers must refer such individuals to the identified health care service delivery provider for A&D 66 Services. The quality of the A&D 66 Services supported with funds provided under this Agreement will be measured in accordance with the criteria set forth below. These criteria are applied on a countywide basis each calendar quarter (or portion thereof) during the period for which the funds are awarded for A&D 66 Services under this Agreement. County must develop and implement quality assurance /quality improvement processes to 134309 Deschutes County OHA 11-13GI0217-I1 Approved 5/9/201 1 30 of 220 improve, progressively as measured by the criteria set forth below, the quality of A&D 66 Services supported with funds provided under this Agreement. OHA may recommend additional actions to improve quality. Access: Access is measured by OHA as the percentage of County residents estimated by OHA surveys to need treatment who are enrolled in A&D 66 Services. Utilization: Utilization requirements for individuals receiving continuum of care services (non detox) will be identified in a special condition subject to funds awarded in a particular line in the Financial Assistance Award, Exhibit C. These funds are used to increase capacity and cannot be used to supplant already existing resources. Engagement: Engagement is measured by OHA as the percentage of individuals receiving A&D 66 Services with funds provided through this Agreement who enter treatment following positive assessment. Retention: Retention is measured by OHA as the percentage of individuals receiving A&D 66 Services with funds provided through this Agreement who are actively engaged in treatment for 90 days or more. Reduced Use: Reduced use is measured by OHA as the percentage of individuals engaged in and receiving A&D 66 Services with funds provided through this Agreement who reduce their use of alcohol or other drugs during treatment, as reported in CPMS upon termination of treatment. Completion: Completion is measured as the percentage of individuals engaged in and receiving A&D 66 Services with funds provided through this Agreement who complete two thirds of their treatment plan and are not abusing alcohol or other drugs at the time services are terminated. Providers of A&D 66 Services funded through this Agreement must participate in client outcome studies conducted by OHA. III. Special Reporting Requirements All individuals receiving A&D 66 Services with funds provided under this Agreement must be enrolled in CPMS, and the individual's CPMS record for A&D 66 Services must be maintained, as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpms-manual/ad2009 pms- manual.pdf'?ga=t IV. Financial Assistance Calculation and Disbursement Procedures The procedures for calculating and disbursing financial assistance from A&D 66 funds included in the Financial Assistance Award are set forth below. 134309 Deschutes County 01 -IA 11-13GT0217-I1 Approved 5/9/2011 31 of 220 A) Calculation of Financial Assistance. OHA will provide financial assistance or A&D 66 Services identified in a particular line of the Financial Assistance Award from funds identified on that line based on the number of individuals to be served multiplied by the case rate per individual as specified in the special condition identified in that line of the Financial Assistance Award subject to the following: 1) Total OHA financial assistance for A&D 66 Services delivered under a particular line in the Financial Assistance Award shall not exceed the total funds awarded for A&D 66 Services as specified in that line in the Financial Assistance Award. 2) OHA is not obligated to provide financial assistance for any A&D 66 Services for individuals who are not properly reported through CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement) by the date 60 days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for A&D 66 Services, or termination of County's obligation to include the Program Area, in which A&D 66 Services fall, in its CMHP. B) Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the financial assistance awarded for A&D 66 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 agree otherwise) written notice to County, reduce the monthly allotments based on under -used allotments identified through CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement or Special Terms and Conditions. 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 A&D 66 Services on that line of the Financial Assistance Award. C) Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for A&D 66 Services under a particular line of the Financial Assistance Award and amounts due for such services based on biennial utilization requirements as specified in the special condition identified in that line of the Financial Assistance Award and the actual amount of individuals served under that line of the Financial Assistance Award during the effective 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 32 of 220 period of this contract, as properly reported in CPMS or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 33 of220 Service Name: ALCOHOL AND DRUG RESIDENTIAL CAPACITY SERVICES Service ID Code: A&D 67 I. Service Description Alcohol and Drug Residential Capacity Services (A&D 67) are 24-hour residential services delivered to individuals who are enrolled in A&D 61 and A&D 71 services. A&D 67 Services provide a structured environment for an individual on a 24-hour basis consistent with Level III of the chemical dependency, continued stay and discharge criteria set forth in OAR 309-032-1500 through 309-032-1565, as such rules may be revised from time to time, are appropriate to the individual's needs and include housing and food services. II. Performance Requirements Providers of A&D 67 Services funded through this Agreement must comply with OAR 309-032-1500 through 309-032-1500, as such rules may be revised from time to time. Providers of A&D 67 Services funded through this Agreement must also have a current license issued by OHA in accordance with OAR 415-012-0000 through 415-012-0090and must participate in client outcome studies conducted by OHA. III. Special Reporting Requirements No special reporting requirements. IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance. The funds awarded for A&D 67 services are intended to be general financial assistance to the County for A&D 67 services for individuals receiving A&D 6l and A&D 71 services with funds provided under this Agreement. Accordingly, OHA will not track delivery of A&D 67 services on a per unit basis, so long as the County offers and delivers A&D services as part of its CMHP. Total OHA payment for all A&D 67 services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 67 services as specified in that line of the Financial Assistance Award. B. Disbursement of Financial Assistance. Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the financial assistance awarded for A&D 67 Services in a particular line of the Financial Assistance Award to County as set forth in the Special Condition on that line, subject to the following: 1. OHA may, upon written request of County, adjust allotments; and 134309 Deschutes Count) OHA 11-13 GT0217-I 1 Approved 5/9/2011 34 of 220 2. Upon amendment to the Financial Assistance Award, OHA shall adjust allotments as necessary, to reflect changes in the funds awarded for A&D 67 Services on that line of the Financial Assistance Award. C. Agreement Settlement. Agreement Settlement will be used to confirm the offer and delivery of A&D 67 services by County as part of its CMHP based on the delivery of A&D61 and A&D71 services as properly reported in CPMS or through other reports required or permitted by this Service Description, or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 35 o1220 Service Name: PREVENTION SERVICES Service ID Code: A&D 70 I. Service Description Prevention Services (A&D 70) are integrated strategies designed to prevent substance abuse and associated effects, regardless of the age of participants. They are designed to reduce risk factors and increase protective factors associated with substance abuse. A&D 70 Services fall within one of the four prevention categories of the Institute of Medicine (IOM) Continuum of Care. The IOM prevention categories include Promotion, Universal, Selective, and Indicated Prevention. Promotion and Universal prevention addresses the entire population with messages and programs aimed at prevention or delaying the use of alcohol, tobacco and other drugs. Selective prevention targets subsets of the total population that are deemed to be at risk for substance abuse by virtue of the membership in a particular population segment. Indicated prevention is designed to prevent the onset of substance abuse in individuals who do not meet criteria for addiction but who are showing elevated levels of risk and early danger signs. A&D 70 Services are implemented through one or more of the Center for Substance Abuse Prevention's (CSAP) six strategies. The six strategies with examples of services are: A. Information Dissemination - media campaigns; B. Prevention Education - school curricula and parenting education and skill building; C. Alcohol, Tobacco & Other Drugs (ATOD) Free Alternatives - youth leadership and community service projects; D. Community Based Processes - community coalitions (Communities That Care); E. Environmental/Social Policy - school policies and community laws concerning alcohol, tobacco and other drugs; and F. Problem Identification and Referral - student assistance programs. II. Performance Requirements Agencies, as defined in OAR 415-056-0005, providing A&D 70 Services must comply with OAR 415-056-0000 through 415-056-0025, and must have a current Letter of Approval issued by OHA, Addictions and Mental Health Division (AMH). County must implement its A&D 70 Services funded through this Agreement in accordance with the Biennial Implementation Plan dated as of July 1, 2011, which is incorporated herein by this reference (the "Plan"). OHA financial assistance to County in the subsequent biennium, for A&D 70 Services, will in part depend upon County's achievement of the outcomes set forth in the Plan. In the event of a conflict or inconsistency between the provisions of the Plan and other provision of this Service Description, the other provisions of this Services Description shall control. 134309 Deschutes County 011A 1 I -13 GT021 7- 1 I Approved 5/9/2011 36 of 220 III. Special Reporting Requirements A. Minimum Data Set for Prevention (MDS). All A&D 70 Services financed in whole or in part with funds provided under this Agreement must be reported electronically by County to OHA on a quarterly basis. Electronic data submission into the MDS system is due by the 15th of the month following the end of the quarter with respect to services provided in the prior quarter. B. County must submit a standardized written annual report to OHA's Addictions and Mental Health Division describing the results of A&D 70 Services in achieving the outcomes set forth in the Plan. The report shall document prevention strategies as they relate to decreasing risk factors and increasing protective factors as well as local efforts to implement evidence -based prevention strategies. Annual reports are due within 45 days of the end of the state fiscal year, and must be sent to: Oregon Health Authority Addictions and Mental Health Division Attention: Prevention Services Specialist 500 Summer Street N.E. E86 Salem, OR 97301-1118 Reports must be prepared using forms and procedures prescribed by OHA. IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance. The funds awarded for A&D 70 Services are intended to be general financial assistance to County for A&D 70 Services. Accordingly, OHA will not track delivery of A&D 70 services on a per unit basis so long as County delivers A&D 70 Services as part of its CMHP. Total OHA financial assistance for A&D 70 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 70 Services as specified on that line. B. Disbursement: OHA will disburse the funds awarded for A&D 70 Services identified in a particular line of the Financial Assistance Award to County as set forth in the Special Condition on that line: 1. OHA may, upon written request of County, adjust allotments; 2. Upon amendment to the Financial Assistance Award, OHA shall adjust allotments as necessary, to reflect changes in the funds awarded for A&D 70 Services on that line of the Financial Assistance Award; and 134309 Deschutes County OHA 11-13 Gf0217-11 Approved 5/9/2011 37 of 220 3. OHA may, after notice to County, suspend allotments pending receipt of complete and accurate Minimum Data Set Prevention data and required reports described in Section 111 above. C. Agreement Settlement. Agreement Settlement will be used to verify the inclusion of A&D 70 Services as part of County's CMHP, based on data properly reported to OHA through reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes Countv OHA 11 -136T0217 -1I Approved 5/9/2011 38 of220 Service Name: YOUTH ALCOHOL AND DRUG RESIDENTIAL TREATMENT SERVICES Service ID Code: A&D 71 I. Service Description Youth Alcohol and Drug Residential Treatment Services (A&D 71) are services delivered to individuals aged 12 through 17 who are unable to live independently in the community, cannot maintain even a short period of abstinence and are in need of 24-hour supervision, treatment and care. The purpose of A&D 71 services is to support, stabilize and rehabilitate alcohol and drug dependent youths to permit them to return to independent community living. A&D 71 services provide a structured environment for an individual on a 24-hour basis, as appropriate to the individual's needs and include structured counseling, educational services, recreation services, self help group participation services and aftercare planning to support the gains made during treatment. In addition, providers must have written admission polices and procedures in place for individuals who appropriately use prescribed medications to treat addiction. Written polices and procedures must include referrals to alternate treatment resources for those not admitted to the program. A&D 71 services address the needs of diverse population groups within the community. II. Performance Requirements Providers of A&D 71 services funded through this Agreement must comply with OAR 309-032-1500 through 309-032-1565, as such rules may be revised from time to time. Providers of A&D 71 services funded through this Agreement must also have a current license issued by OHA in accordance with OAR 415-012-0000 through 415-012-0090. Subject to the preference for pregnant women and intravenous drug users described in Exhibit G, Required Federal Terms and Conditions, County and Providers of A&D 71 services funded through this Agreement must give priority access to such services first to individuals referred from OHA and persons referred by Drug Treatment Courts within County's service area. A&D 71 services funded through this Agreement may be delivered to individuals referred from any county within the State and no priority or preference shall be given to individuals referred from any particular county. All of the A&D 71 services funded through this Agreement must be delivered to individuals who are Medicaid -eligible. County must provide a program capable of delivering treatment services to people with serious co-occurring mental health and substance use disorders. Delivery of such services must include, but is not limited to the following tasks - all of which must be documented in the clinical record: 134309 Deschutes County Approved 5/9/2011 39 of 220 OHA 11-13 GT0217-11 A. Address co-occurring disorders in program policies and procedures, client assessment, treatment and planning, program content, and transition/discharge planning. B. Address the interaction of the substance -related and mental health disorders in assessing each adolescent's history of psychological trauma, readiness to change, relapse risk and recovery environment. C. Arrange for, as needed, pharmacological monitoring and psychological assessment and consultation, either on site or though coordinated consultation off site. D. Involve the family or significant others of the client in the treatment process. E. Obtain clinically appropriate family or significant other involvement and participation in all phases of assessment, treatment planning, and treatment. F. Use treatment methods appropriate for adolescents with significant emotional disorders that are based on sound clinical theory and professional standards of care. G. Plan the transition from residential to community-based services and supports that are most likely to lead to successful clinical outcomes for each adolescent. This includes scheduling a face-to-face meeting between the client and the community- based outpatient provider within seven days of discharge from the residential program. Providers ofA&D 71 services funded through this Agreement must participate in client outcome studies conducted by OHA. III. Special Reporting Requirements All individuals receiving A&D 71 Services with funds provided under this Agreement must be enrolled in CPMS, and the individual's CPMS record for A&D 71 Services must be maintained, as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHA/mental health/publications/cpms-manual/ad2009cpms- manual.pdf?ga=t IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance. OHA will provide financial assistance for A&D 71 Services identified in a particular line of the Financial Assistance Award from funds identified on that line in an amount equal to the rate set forth in the special condition identified in that line of the Financial Assistance Award, multiplied by the number of units of A&D 71 Services delivered under that line of the Financial Assistance Award during the period specified in that line, subject to the following: 1. Total OHA financial assistance for A&D 71 Services delivered under a particular line in the Financial Assistance Award shall not exceed the total 134309 Deschutes County Approved 5/9/2011 40 (4'220 OHA 11-13 GT0217-I 1 funds awarded for A&D 71 Services as specified in that line in the Financial Assistance Award; and 2. OHA is not obligated to provide financial assistance for any A&D 71 Services for individuals who are not properly reported through CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement) by the date 60 days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for A&D 71 Services, or termination of County's obligation to include the Program Area, in which A&D 71 Services fall, in its CMHP. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for A&D 71 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 agree otherwise) written notice to County, reduce the monthly allotments based on under used allotments identified through CPMS or through other reports required or permitted by this Service Description or applicable Specialized Service Requirement; 2. OHA may, upon written request of County, adjust monthly allotments; and 3. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for A&D 71 Services on that line of the Financial Assistance Award. C. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for A&D 71 Services under a particular line of the Financial Assistance Award and amounts due for such services provided by County based on the rate set forth in the special condition identified in that line of the Financial Assistance Award. For purposes of this section, "amounts due" to County is determined by the actual amount of services delivered under that line of the Financial Assistance Award during the period specified in that line of the Financial Assistance Award, as properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 41 of 220 Service Name: DRUG TREATMENT COURT SERVICES Service ID Code: A&D 72 I. Service Description Drug treatment court services (A&D 72) are services delivered to individuals who have lost control of their use of alcohol or other drugs and who are participating in a drug treatment court program. The purpose of A&D 72 Services is to assist individuals recovering from alcohol abuse or drug dependency. Funds awarded for A&D 72 Services that are identified in the Financial Assistance Award may only be expended on A&D 72 Services that are delivered to adolescents (ages 12 to 18) and adults (age 18 and over) enrolled in drug treatment courts. Drug courts operate under the principles described below: A. Drug courts integrate alcohol and other drug treatment services with justice system case processing; B. Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. C. Eligible participants are identified early and promptly placed in the drug court program; D. Drug courts provide access to a continuum of alcohol, drug and other related treatment and rehabilitation service; E. Abstinence is monitored by frequent alcohol and other drug testing; F. A coordinated strategy governs drug court responses to participants' compliance; G. Ongoing judicial interaction with each drug court participant is essential; H. Monitoring and evaluation measure the achievement of program goals and gauge effectiveness; 1. Continuing interdisciplinary education promotes effective drug court planning, implementation and operations; and J. Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court program effectiveness. Providers of A&D 72 funded through this contract must also have a current license issued by OHA in accordance with OAR 415-012-0000 through 415-012-0090. The Provider funded through this Agreement must comply with OAR 309-032-1500 through 309-032- 1565, as such rules may be revised from time to time. With respect to each individual that the Provider serves with funds provided under this Agreement, the Provider shall deliver all A&D 72 services therapeutically necessary for an eligible individual from the date the Provider begins serving the individual through the date set forth in the Financial Assistance Award. 134309 Deschutes County OIiA 11-13 GT0217-I I Approved 5/9/2011 42 of 220 A&D 72 services provided to any individual enrolled in the Oregon Health Plan for chemical dependency benefits are not eligible for payment under this contract. The Provider must refer such individuals to their managed care plan for A&D 72 services. A&D 72 Services delivered with funds provided under this agreement include the following: clinical care, case management, continuing care, and participation in the drug court team, which for the purposes of A&D 72, have the following meanings: Clinical care services consist of screening, comprehensive assessment for substance use diagnosis and level of care assignment, treatment for substance use disorders, meeting the Standards for Outpatient Chemical Dependency Programs, set forth in OAR 415-050- 0000 through 415-050-0095 and 309-032-1500 through 309-032-1565, as such rules may be amended from time to time. Case management services are community-based and specific to the identified client needs that support independence and recovery from substance use disorders. Case management services provide the individual with a single point of contact for multiple justice, health and social service systems. These services assist individuals transitioning through the continuum of care, and assist the individual in advocating for his or her needs to access necessary services and supports for substance use disorders. Continuing care services are provided to individuals enrolled in drug treatment courts to sustain their commitment to substance use recovery and consist of ongoing intermittent contact by the individual with a treatment staff including, but not limited to telephone outreach, home visits, participation in recovery self help groups and programs, and transitional housing. Evidence -based practices identified for community-based services for the criminal justice population shall guide the outreach activities. Participation in the Drug Court Team: The provider shall participate in the drug court process by serving on the drug court team that may include participation in regular client case staffings. As a team member, the Provider will coordinate multiple aspects of a client's life and bridge continuing care responsibilities between all partners involved in the drug treatment court system. Drug court treatment services (A&D 72) are delivered in outpatient and intensive outpatient programs as described by the American Society of Addiction Medicine, Patient Placement, Continued Stay and Discharge Criteria, Second Edition -Revised (ASAM PPC -2R) as referenced in OAR 309-032-1505. A&D 72 services are provided at one of the following levels of care as therapeutically necessary and consistent with the clinical need of the individual: Level I (Outpatient) Non-residential treatment services provided to the individual in regularly scheduled face-to-face therapeutic sessions. This level of service consists of 1- 6 hours per week of face-to-face therapeutic sessions for adolescents and 1-9 hours per week for adults. Such services may include individual, group and family counseling, as well as long-term support for recovery management including relapse prevention. 134309 Deschutes County OHA 11-13GT0217-11 Approved 5/9/2011 43 of 220 Level II (Intensive Outpatient) This level of service affords the individual the opportunity to remain in his or her existing environment (social, familial, vocational), while still benefiting from a therapeutic, structured program. It is a non-residential service consisting of at least nine hours of face-to-face contact per week for adults and at least six hours of face-to-face contact per week for adolescents who meet the administrative rule placement requirements for this level of care. Level II Providers may provide evening services, day treatment services, or partial hospitalization. Such Services may include individual, group and family counseling, as well as medically - prescribed pharmacological agents. II. Performance Standards and Quality Measures The quality of drug treatment court services supported with funds provided under this Agreement will be measured in accordance with the criteria set forth below: Engagement: Engagement is measured by OHA through the Client Process Monitoring System (CPMS) as the number of people enrolled in treatment services referred from the drug court system. Retention: Retention is measured by OHA through the CPMS as the number of individuals receiving drug treatment court services with funds provided through this Agreement who are actively engaged in treatment for 90 days or more. Improvements in Life Circumstances: Improvements in life circumstances is measured by OHA through the CPMS as the number of enrolled participants in drug treatment courts who obtain a GED or high school diploma, obtain or improve employment, increase monthly income, and obtain drug-free and adequate housing. Completion of Program Requirements: Completion of program requirements is measured by the OHA through the CPMS by the number of enrolled participants in drug treatment courts who complete treatment. III. Special Reporting Requirements Clients enrolled in drug treatment courts receiving substance use (chemical dependency program) services will be enrolled in the Client Process Monitoring System (CPMS) while receiving services using a dedicated provider number and referral code for Criminal Justice System, Institutions and Agencies, Integrated Treatment Court as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpms-manual/ad2009cpms- manual.pdf?ga=t IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance: The funds awarded for this service element are intended to be general financial assistance to the Provider for A&D 72. Accordingly, ORA will not track delivery of these services or service capacity on a 134309 Deschutes County Approved 5/9/2011 44 of 220 OHA 11-13 GT0217-I 1 per unit basis except as necessary to verify the performance requirements set forth above have been met. Total OHA financial assistance for all A&D 72 services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 72 as specified in that line of the Financial Assistance Award. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for A&D 72 services on a particular line of the Financial Assistance Award to Contractor in substantially equal monthly allotments during the period specified in 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 the required quarterly reports 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 A&D 72 services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of these services, based on CPMS or through other reports required or permitted by this Service Description. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 45 of 220 Service Name: INTEGRATED CO-OCCURRING DISORDERS (COD) TREATMENT SERVICES Service ID Code: A&D 73 I. Service Description Integrated co-occurring disorders treatment services are delivered to people with serious co-occurring mental health and substance use disorders (COD). Services include case management, clinical care, continuing care and psychiatric stabilization with non-medical detoxification funded by the Oregon Health Authority (OHA), Addictions and Mental Health Division (AMH). COD services build on resilience and promote recovery in an effort to provide clients the ability to attain the highest Ievel of functioning and to prevent psychiatric hospitalization, substance use relapse, and criminal justice system involvement. For the purposes ofA&D 73, case management, clinical care, continuing care and psychiatric stabilization with non-medical detoxification have the following meanings: Case management services are community-based and specific to the identified client needs. Case management services support recovery from substance use and mental health disorders and provide the individual with a single point of contact for multiple health and social service systems and assist the individual in advocating for his or her needs. These services assist individuals transitioning through the continuum of care and in accessing necessary services and recovery supports for both substance use and mental health disorders. Clinical care services consist of screening, comprehensive integrated assessments for substance use and mental health diagnosis, treatment for both substance use and mental health disorders concurrently, meeting the Standards for Outpatient Chemical Dependency and Mental Health Treatment Programs, set forth in OAR 415-050-0000 through 415-050-0095 and 309-032-1500 to 309-032-1565, as such rules may be amended from time to time. Continuing care services are provided to individuals in treatment to sustain their commitment to mental health and substance use recovery and consist of ongoing intermittent contact by the individual with a treatment staff including, but not limited to telephone outreach, home visits, participation in dual diagnosis recovery self help groups and programs, and transitional housing. Evidence Based practices identified for community-based services for this population shall guide the outreach activities. Psychiatric stabilization with non-medical detoxification Psychiatric stabilization with non-medical detoxification services consist of medically monitored inpatient stabilization and detoxification for people who meet medical criteria for withdrawal that include 24 hour medical monitoring and clinically managed residential detoxification called social detoxification. Services shall meet standards for 134309 Deschutes County O11A 11-13 GT0217-11 Approved 5/9/2011 46 of 220 ALCOHOL DETOXIFICATION CENTERS, set forth in OAR 415-050-0000 through 415-050-0095 as such rules may be amended from time to time. Services include a set of interventions to manage acute detoxification and withdrawal symptoms and meet the needs of individuals with co-occurring mental health and substance use disorders and other physical health problems. Psychiatric services include mental health status exam, psychiatric evaluation if indicated, psychotropic medication dispensing and medication management. Description of Program: The Provider shall provide services that are based on identified client strengths and needs, comprehensive, and geographically accessible. Services shall bridge continuing care responsibilities between all levels of a collaborative and integrated system of care. The Provider shall maintain policies and procedures which facilitate and document accessibility to a full range of services. The Provider shall conduct integrated screenings and comprehensive clinical assessments, and integrated treatment and discharge planning for both mental health and substance abuse disorders. Target Population: Youth and adults with DSM -IV -TR Axis I mental health and substance use disorder diagnosis. Service Level Expectation: The Provider will screen each client for the presence of substance use, problem gambling, mental health conditions, and chronic medical conditions in compliance with OAR 309- 032-1525(3)(d)(B) to identify co-occurring symptoms and level of severity base on the SAMHSA Quadrant Model and determine appropriate level of ASAM placement. When the assessment process determines the presence of co-occurring substance use and mental health disorders, all providers must document referral for further assessment, planning and intervention from an appropriate professional, either with the same provider or with a collaborative community provider in compliance with OAR 309-032-1525(3)(e). Competency Checklist: Staff competencies shall be evaluated in accordance with the AMH approved Co- occurring Disorders Competency Checklist. Staff shall meet minimum basic competency in accordance with the AMH COD Competency Checklist, which can be located at http://www.oregon.gov/OHA/addiction/co-occurring/docs/checkI ist-basic.pdf?ga=t. II. Performance Standards and QualityMeasures Providers of A&D 73 funded through this contract must also have a current license for both chemical dependency and mental health issued by OHA in accordance with OAR 415-012-0000 through 415-012-0090 and 309-012-0130 through 309-012-0220 as such rules may be revised from time to time. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 47 of 220 With respect to each individual that the Provider serves with funds provided under this Agreement, the Provider shall deliver all A&D 73 Services therapeutically necessary for the individual from the date the Provider begins serving the individual through the date set forth in the Financial Assistance Award. A Provider may not use A&D 73 funds provided under this Agreement to deliver services to any individual enrolled in the Oregon Health Plan for either mental health or chemical dependency benefits. The Provider must refer such individuals to their managed care plan. The quality of the COD services supported with funds provided under this Agreement will be measured in accordance with the criteria set forth below. These criteria are applied on a countywide basis each calendar quarter (or portion thereof) during the period for which the funds are awarded for COD services under this Agreement. The Provider must develop and implement quality assurance/quality improvement processes to improve, progressively as measured by the criteria set forth below, the quality of COD services supported by funds under this Agreement. OHA may recommend additional actions to improve quality. Access: Access is measured by OHA as the percentage of County residents estimated by OHA surveys to need COD treatment who are enrolled in COD services. Engagement: Engagement is measured by OHA as the percentage of people receiving COD services with funds provided through this Agreement who enter treatment following comprehensive integrated mental health and substance use assessment. Retention: Retention is measured by OHA as the percentage of individuals receiving COD services with funds provided through this Agreement who are actively engaged in treatment for 90 days or more. Reduced Psychiatric Hospitalization: Psychiatric Hospitalization is measured by OHA as the number of people enrolled in COD services funded by this Agreement who are admitted for psychiatric hospitalization while enrolled in treatment. Reduced Criminal Justice Involvement: Criminal Justice Involvement is measured by OHA as the number of people enrolled in COD services funded by this Agreement who are arrested while enrolled in treatment. Research/Best Practice Expectation: The Provider will use evidence -based practices for people with COD that include, but are not limited to, Motivational Enhancement or Interviewing, Integrated Dual Disorder Treatment, Assertive Community Therapy, Supported Employment, Supported Housing, Dual Diagnosis Treatment Groups, Individual Substance Abuse Counseling, Seeking Safety, Dialectic Behavioral Therapy, and Family Psychoeducation. 134309 Deschutes County OIIA 11-13 GT0217-I1 Approved 5/9/2011 48 of 220 III. Special Reporting Requirements Clients enrolled in mental health and substance use (chemical dependency) COD treatment services will be enrolled in the Client Process Monitoring System (CPMS) using a dedicated provider number for either mental health or substance use (chemical dependency) according to the provider's site specific primary service as specified in OHA's CPMS manual located at http://www.oregon.t;ov/OHA/mentalhealth/publ ications/cpms-manual/ad2009cpms- manual_pdf?ga=t IV. Financial Assistance Calculation and Disbursement Procedures A. Calculation of Financial Assistance: The funds awarded for this service element are intended to be general financial assistance to the Provider for A&D 73. Accordingly, OHA will not track delivery of these services or service capacity on a per unit basis except as necessary to verify the performance requirements set forth above have been meet. Total OHA financial assistance for all A&D 73 services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 73 as specified in that line of the Financial Assistance Award. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for A&D 73 services on a particular line of the Financial Assistance Award to Contractor in substantially equal monthly allotments during the period specified in the Financial Assistance Award, subject to the following: 1. OHA may, upon written request of County, adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments s necessary, to reflect changes in the funds awarded for A&D 73 services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of these services, based on CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 49 of220 Service Name: PROBLEM GAMBLING PREVENTION SERVICES Service ID Code: A&D 80 I. Service Description Problem Gambling Prevention services (A&D 80) are designed to meet one or more of the following objectives: A. Outreach aimed at increasing public awareness of problem gambling (this is differentiated from treatment specific outreach which is covered by A&D 81); and B. Prevent problem gambling. The anticipated goals and outcomes for County's Problem Gambling Prevention Services will be described and included in County's Biennial Implementation Plan approved by OHA. County's A&D 80 Services will be monitored and evaluated on the basis of their effectiveness in achieving the goals and outcomes identified in the approved Biennial Problem Gambling Prevention Implementation Plan. OHA financial assistance to County in the subsequent biennium, for A&D 80 Services, will in part depend upon achievement of the goals and outcomes identified in County's Problem Gambling Prevention Implementation Plan for the previous biennium as approved by OHA. II. Performance Requirements A. County must designate a Certified Prevention Specialist, or person who is working on obtaining that certification and will obtain such certification within 24 months of the effective date of this Agreement. New hires without the CPS credential. must make application within six (6) months of their hire date and achieve the Certified Prevention Specialist credential within (24) months of their hire date. The designated coordinator shall be responsible for preparing the problem gambling prevention implementation plan, annual report and for overseeing and coordinating problem gambling prevention activities, programs and services provided in the County County's designated Problem Gambling Prevention coordinator/contact person must attend two Oregon Health Authority (OHA) sponsored problem gambling prevention meetings per calendar year. B. County must attend at least one meeting each of County's Local Alcohol and Drug Planning Committee (LADPC) and Commission on Children and Families (CAF) during the biennium and must present information on problem gambling prevention and outreach issues, services and data to these partners. County shall also obtain input on its Biennial Problem Gambling Prevention Implementation Plan during County's comprehensive planning process. OHA may require additional County agency review and approval, provided OHA gives notice in writing at least 45 days before the plan is due. 134309 Deschutes County Approved 5/9/2011 50 of220 OHA 11-13 GT0217-11 III. Special Reporting Requirements A. Providers of A&D 80 services funded under this Agreement must submit written reports to OHA by August 30 of each year, describing the Provider's activities, appraisal of activities, and expenses during the preceding fiscal year in providing A&D 80 services. Reports shall be sent to: Oregon Health Authority Addictions and Mental Health Division Attention: Problem Gambling Specialist 500 Summer Street N.E. E86 Salem, OR 97301-1118 Reports must be prepared using forms and procedures prescribed by OHA. B. Final Biennial Expenditure Report: Providers of A&D 80 services funded under this Agreement must submit to OHA a final report of actual revenues and expenditures of A&D 80 funds disbursed under this Agreement. The report is due within 60 days after termination of this Agreement or termination of OHA's obligation under this Agreement to provide financial assistance to County for A&D 80 services, whichever is earlier. Reports must be prepared using forms and procedures designated by OHA. IV. Payment Procedures A. Basis of payment: OHA payment for A&D 80 services identified in a particular line of the Financial Assistance Award is based on anticipated reimbursement for actual allowable expenditures incurred by a Provider in delivering A&D 80 services under that line of the Financial Assistance Award during period specified in that line, subject to the following: 1. Allowable expenditures are limited to the standard and customary rates for the following: a. Personnel expenses (salaries, wages, payroll tax and fringe benefit costs) for delivery of A&D 80 services; b. Operating expenses, such as program materials, office rent/lease, office utilities, telephone costs, office equipment rental and repair, office supplies, and staff travel for delivery of services, participation in problem gambling - prevention -related meetings, trainings and events. Operating expenses are limited to the amount approved in the Biennial Problem Gambling Prevention Implementation Plan budget; c. Professional consultation needed to support or enhance OHA-funded problem gambling prevention services; and 134309 Deschutes Counh OHA 11-13 GT0217-11 Approved 5/9/2011 51 o1220 d. Administrative expenses, capital outlay, or other expenses not listed in sections IV(A)(1)(a), (b) and (c) above, only if approved in writing or e- mail by OHA. 2. Total OHA payment for all A&D 80 services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 80 as specified in that line of the Financial Assistance Award; and 3. OHA is not obligated to pay for any A&D 80 services that are not properly reported to OHA as described in this Service Description. B. Disbursement of funds: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for A&D 80 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 agree otherwise) written notice to County, reduce the monthly allotments based on under used allotments identified through reports required or permitted by this Service Description or an applicable Specialized Service Requirement; 2. OHA may, Upon written request of County, adjust monthly allotments; and 3. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for A&D 80 services on that line of the Financial Assistance Award. Agreement Settlement will be used to confirm the offer and delivery of A&D 80 services by County or Programs based on the approved Final Biennial Expenditure Report V. Exceptions and Waivers County may request in advance in writing, and OHA in its sole discretion may approve, a limited number of waivers and exceptions to the above. 134309 Deschutes County OHA I I-13 GT0217-I Approved 5/9/2011 52 01 220 Service Name: PROBLEM GAMBLING TREATMENT SERVICES Service ID Code: A&D 81 I. Service Description Problem Gambling Treatment Services (A&D 81) are as follows: A. Outpatient problem gambling treatment services provide problem gambling assessment, treatment and rehabilitation services delivered on an outpatient basis or intensive outpatient basis to individuals with gambling related problems who are not in need of 24-hour supervision for effective treatment. A&D 81 Services must include regularly scheduled face-to-face or non -face-to-face therapeutic sessions or services in response to crisis for the individual and may include individual, group, couple, and family counseling. B. Residential problem gambling treatment services provide problem gambling assessment, treatment, rehabilitation and twenty-four hour observation monitoring for pathological and problem gamblers consistent with Level 1I1 of ASAM PCC - 2R. C. Treatment -specific outreach is targeted outreach for which the primary purpose is to get pathological and problem gamblers and/or their family members into treatment. D. For purposes of this Agreement, an individual with a gambling related problem is an individual with (a) a primary diagnosis of Pathological Gambling (DSM -IV code 312.31), (b) a primary diagnosis of sub -clinical Pathological Gambling (meets two to four DSM -IV diagnostic criteria for Pathological Gambling), or (c) a primary diagnosis of Relational Problem Related to Pathological Gambling (a variant of DSM -IV code V61.9). E. Problem Gambling Treatment Services are to be made available to any Oregon resident meeting criteria as described in Section I D above. Service to out of state residents is permissible if the presenting gambling problem is reported as primarily related to an Oregon lottery product. II. Performance Standards Providers of A&D 81 Services funded through this Agreement must maintain a License as a Mental Health Service Agency or a Letter of Approval as an Alcohol and Drug Treatment Agency for all levels of outpatient treatment in accordance with OAR 309- 032-1500 through 309-032-1565 Building Requirements, OAR 415-012-0000 through 415-012-0090 Standards for Approval/Licensure of Alcohol and Other Drug Programs 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 53 of 220 and OAR 309-012-0130 through 309-012-0220 Certificates of Approval for Mental Health Services; as such rules may be revised from time to time. Providers of A&D 81 Services funded through this Agreement must comply with onsite reviews, per OAR 415-012-0050 through 415-012-0090 Onsite Reviews. Providers (and County, as applicable) of A&D 81 Services funded through this Agreement must comply with the requirements set forth in Exhibits A&D 81-1 and A&D 81-2attached hereto and incorporated herein by this reference. Providers of A&D 81 Services funded through this Agreement must meet the performance standards below. These performance standards are imposed and assessed on an individual Provider basis. If OHA determines that a Provider of A&D 81 Services funded through this Agreement fails to comply with any of the specified performance standards, the specific areas out of Agreement compliance would then be reviewed at the next scheduled site review or a discretionary site review could be scheduled specifically to review these areas. Access: The amount of time between a problem gambling affected individual's request for A&D 81 Services and the first offered service appointment must be five business days or less for at least 90% of all individuals receiving A&D 81 Services funded through this Agreement. Retention: The percent of problem gambling affected individuals receiving A&D 81 Services funded through this Agreement who actively engage in the A&D 81 Services for at least 10 clinical contact sessions must not be less than 40%. Successful Completion: The percent of all individuals receiving A&D 81 Services funded through this Agreement who successfully complete treatment must not be less than 35%. A successful problem gambling treatment completion is defined as the individual's: (a) achievement of at least 75% of short-term treatment goals, (b) completion of a continued wellness plan (i.e., relapse prevention plan), and (c) lack of engagement in problem gambling behaviors for at least 30 days prior to successful completion of A&D 81 Services. Client Satisfaction: The percent of problem gambling affected individuals receiving A&D 81 Services funded through this Agreement who complete a problem gambling client satisfaction survey would positively recommend the Provider to others must not be less than 85%. Client satisfaction surveys must be collected by not less than 50% of total enrol lments. Long-term Outcome: At the six month follow up for individuals completing treatment, a minimum of 50% must report abstinence or reduced gambling. 134309 Deschutes County Approved 5/9/2011 54 of 220 OHA 11-13 GT0217-I1 III. Special Reporting Requirements Providers of A&D 81 Services funded through this Agreement must submit the following information to OHA (or to OHA's designee), regarding individuals receiving A&D 81 Services. All providers must comply with the current GPMS User Manual located at http://www.oregon.gov/OHA/addiction/gambling/2010/gpms-data-col lection.pdf A. GPMS (Gambling Process Monitoring System) Intake Data: The GPMS record abstracting form and the client self-report survey must be collected and submitted within 14 days of the first face-to-face treatment contact with an individual. B. Client Consent Form: A completed client informed consent form to participate in evaluation follow-up efforts must be collected and submitted prior to service conclusion. Client refusal to participate in the follow-up survey must be documented in the client file. C. Encounter Data: Encounter data for billing must be collected and submitted as described in Exhibit A&D 81-2 attached hereto and incorporated herein by this reference. Prior to submitting an encounter claim each claimed encounter must be documented in the clinical record. Encounter claim documentation placed in the clinical record must include the date of the encounter service, the type of service delivered, the length of service, a clinical note describing data from the session, the clinician's signature and date the note was completed. D. GPMS Discharge Data: GPMS discharge data must be collected and submitted within 90 days after the last date of service to an individual. IV. Financial Assistance Calculation and Disbursement Procedures Special Conditions Apply for Participating Rural Counties -See Exhibit-A&D 81-1, Financial Assistance Calculation and Disbursement Procedures- Rural Counties A. Financial Assistance Calculation. OHA provides financial assistance for A&D 81 Services identified in a particular line of the Financial Assistance Award at the rate of $89.00 (for purposes of this Service Description, one hour is no less than 50 minutes of direct face-to-face service) for individual treatment sessions (including individuals, couples and family sessions), $22.25 per hour for group sessions and $89.00 per hour for problem gambling assessment sessions for individuals, subject to the following: 1. OHA will not make multiple financial assistance payments for a single clinical activity, except for group therapy. For example, OHA will not provide financial assistance for an individual treatment session for both an individual and his or her spouse when the treatment was delivered in a single marital session. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 55 of 220 2. For purposes of this Service Description, "session" or "treatment session" means A&D 81 Services delivered in individual, couple, family, or group formats. Treatment sessions must be reported by type (e.g., individual, couple, family or group) and length (time). 3. Services provided are limited to 12 months per individual client, inclusive of continuing care. This service limitation will count 12 consecutive months starting with the enrollment date. Clients must have been out of service for a minimum of ninety days prior to any re -enrollment in the state system. 4. Providers may request a waiver of the above service limitation. The request shall be in writing, email is acceptable. Request shall be sent to OHA at email address provided. Waiver shall include clinical need for waiver and treatment plan indicating the requested length of time to complete plan. Waivers will be for fixed periods and must be received in the Problem Gambling Services office 45 days prior to exceeding the twelve month service limitation period. 5. Providers of A&D 81 Services funded through this Agreement may not charge individuals whose A&D 81 Services are funded through this Agreement any co -pay or other fees for such Services. 6. Total OHA financial assistance for all A&D 81 Services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 81 Services as specified in that line of the Financial Assistance Award. 7. OHA is not obligated to provide financial assistance for any A&D 81 Services that are not properly reported as described or referenced in this Service Description by the date 60 days after the termination of this Agreement, termination of OHA's obligation under this Agreement to provide financial assistance to County for A&D 81 Services, or termination of County's obligation under this Agreement, to include the Program Area, in which A&D 81 Services fall, in its CMHP. 8. If at any time during the term of this Agreement, the total A&D 81 Services delivered under a particular line of the Financial Assistance Award entitles County to less than 100% of the funds disbursed to County under that line during that period, OHA may unilaterally reduce the amount of funds awarded for A&D 81 Services in that line in proportion to the underutilization during that period and may also unilaterally reduce the amount of funds awarded for A&D 81 Services in that line in an amount equal to funds disbursed to County under that line that were not utilized, and OHA shall execute an appropriate amendment to the Financial Assistance Award to reflect that reduction. 9. Provider and/or County are expected to reconcile encounter data reports and correct any errors within 30 days of receipt of encounter data report received 134309 Deschutes County Approved 5/9/2011 36 01 220 OHA 1 I-13 GT0217-1 1 from OHA's management information system provider. Discrepencies must include apparent cause and remedy. Adjustments will be carried forward to the next month within the effective period of this Agreement. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for A&D 81 Services in a particular line of the Financial Assistance Award to County in substantially equal monthly allotments during the period specified in that line, subject to the following: 1. OHA may, after 30 days (unless parties agree otherwise) written notice to County, reduce the monthly allotments based on actual delivery of services identified through GPMS or through other reports required or permitted 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 A&D 81 Services on that line of the Financial Assistance Award. 4. County may, with OHA approval, apply A&D 81 funds for services not provided in the first fiscal year toward A&D 81 Services in the second fiscal year. C. Agreement Settlement: Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for A&D 81 Services under a particular line of the Financial Assistance Award and amounts due for such services based on the rates set forth above. For purposes of this section, "amounts due" to County is determined by the actual amount of Services delivered under that line of the Financial Assistance Award during the period specified on that line, as properly reported as described or referenced in this Service Description or an applicable Specialized Service Requirement. Any County funded under Exhibit A&D 81 -1 - Rural Counties, as specified in the special condition on that line of the Financial Assistance Award, are exempt from this agreement settlement as long as they comply with performance standards specified under Exhibit A&D 81-1, III. D. Provider Audits. Providers and sub -contracted Providers receiving A&D 81 payments from OHA are subject to audit for all payments applicable to A&D 81 services rendered. The audit ensures that proper payments were made for covered services, to recover overpayments, and to discover possible instances of fraud and abuse. This audit will verify that encounter data submissions are documented in the client file as described in section Ill C above. OHA may apply the Division of Medical Assistance Program (DMAP) Provider Audit rules and the Fraud and Abuse rules to providers and provider sub -contractors of A&D 81 Services funded through this Agreement in accordance with OAR 410-120-1505 through 410-120-1510 Provider Audits, as such rules may be revised from time to time. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 57 of220 Exhibit A&D 81-1 Requirements for Rural Counties Financial Assistance Calculation and Disbursement Procedures Rural Counties OHA may apply the following conditions to Rural counties: All Service Descriptions and Performance Standards and Special Reporting Requirements set forth in A&D 81 shall apply unless hereto modified or waived. The intention of these conditions is to provide an investment within Rural counties with the goal being to use this investment to ensure viable Problem Gambling Services are available to all Oregonians. I. Financial Assistance Calculation and Disbursement Procedures 1. Financial Assistance Calculation. OHA will provide financial assistance for AD 81 Services utilizing a base rate method. A. This Financial Assistance Award will be determined annually for Counties designated as Rural Counties in the special condition on that line of the Financial Assistance Award. B. The County or Regional consortium must submit encounter data as if they were being reimbursed via that method. At the end of each fiscal year, if the encounter data is more than base payment, the County or Regional consortium shall receive the amount shown from the Encounter Data that was in addition to the Base Payments if funds are available. II. Financial Assistance Calculation and Disbursement Procedures for Multi -County Management agreements: If services are sub -contracted, the sub -contracts must be approved in advance by OHA. Sub -contract rates must be delineated and approved by OHA. III. Performance Standards that apply under these Special Conditions: A. A detailed plan demonstrating how the County intends to develop, grow, and sustain viable problem gambling services must be submitted and approved by OHA. B. County must submit an annual progress report that documents maintenance of effort and progress made in establishing viable problem gambling treatment services. Annual reports are due to OHA by Sept. 1, 2011 and Sept 1, 2012. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 58 of 220 C. Viable problem gambling services shall be evaluated by OHA utilizing the following example components: 1. Outreach: Documented efforts within the community designed to increase awareness of problem gambling as a treatable public health issue including problem identification, referral procedures, and program contact information (including the state-wide Helpline). 2. Case Finding: Efforts with community to specifically increase appropriate referrals to treatment services as defined under A&D 81 Service descriptions. These would be long term inter -agency, intra -agency, and allied healthcare relationships specifically developed and nourished for the purpose of identifying problem gambling within existing populations through appropriate screening and referral. 3. Problem gambling treatment interventions as defined under A&D 81 Service descriptions. 4. Required reporting and reconciliation of A&D 81 service rates and client eligibility/system evaluation data. 5. Quality control and improvement plan including incorporation of consumer feedback. Providers of services funded through this agreement must be able to demonstrate to OHA satisfaction their ability to recognize and respond appropriately to the unique needs of problem gamblers in their community by developing and implementing Gambling Treatment Services that are delivered by qualified counselors/therapists 134309 Deschutes County Approved 5/9/2011 59 of -220 OHA 11-13 GT0217-1 1 Exhibit A&D 81-2 Encounter Data Reporting Requirements In order to efficiently implement the disbursement of financial assistance it is necessary for all Providers of A&D 81 Services funded through this Agreement to submit individual -level service delivery activity (encounter data) within 30 days following the end of each month to OHA or its designee. Data shall be electronically submitted utilizing the HIPAA approved "837' format. Files to be transferred over non -secure web/internet facilities must be encrypted utilizing an encryption format approved by the OHA. The subject line for each electronic transmission of data must include the program name, the month covered by the submission (e.g. May 2010) and the words "Gambling Encounter Data." Agencies with secure web services may post the data to their server as long as access and timely notification is provided to the OHA or its designee. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 60 of 220 EXHIBIT A&D 81-3 ( U L Q) cc/ -0 Et Mt 1) 7:7O r G U E. "0 a 0 O bp 6) 0 Service Criteria Service provided by qualified counselor per OAR 309-032-1520 Service provided by qualified counselor per OAR 309-032-1520 MD or Psychiatric Mental Health Nurse Practitioner QHHP who is licensed Psychologist or a Psychology Intern supervised by a Licensed Psychologist MD or Psychiatric Mental Health Nurse Practitioner Services delivered by a licensed registered nurse or QMHP related to the dispensing, administration and management of medications. Services provided in a licensed mental health residential facility and intensively staffed 24 -hours under a physician approved treatment plan for which treatment includes an appropriate mix and intensity of assessment, medication management, individual and group therapies and skills development to reduce or liminate the acute symptoms of the disorder and restore the client's ability to function in a home or the community to the best possible level. Services provided in a licensed residential alcohol and drug treatment facility designated as a residential gambling treatment program and intensively staffed 24-hour for which treatment includes an appropriate mix and intensity of assessment, medication management, individual and group therapies and skills development to reduce or eliminate the acute symptoms of the disorder and restore the client's ability to function in a home or the community to the best possible level. Services provided for coordinating access to and provision of services from multiple agencies, establishing service linkages, advocating for treatment needs, Upper Payment Amount N N ER N71- 69 • M 69 $89.00 r--- 64-N9 N (---A 69 N O 6 O O 69 N N 69 Description Gambling Treatment counseling and therapy, per 15 min Gambling Treatment counseling, group per 15 min Psychiatric Diagnostic Interview Psychological Testing with interpretation and report, per hour Medication Management Comprehensive medication services, per 15 min Psychiatric health facility service, per diem Residential gambling treatment service, per diem arion County Bridgeway Residential Program Only Case management, per 15 min 1) ..0 O 7r O O z (r(1 O O = — ,__. O a, O — O zz Cr) _ O Cr) .__. O Cl — O — Approved 5/9/201 1 and providing assistance in obtaining entitlements based on mental or emotional disability, Screening to determine the appropriateness of consideration of an individual for participation in A&D 81 services. This services deferens from a mental health assessment in that the activity may be delivered over the telephone and requires not only the evaluation of a client's treatment needs, but also an evaluation of available treatment options. Pressure relief counseling or other forms of counseling provided to individuals nrolled in A&D 81 services or their family members for the purpose of financial restitution of gambling debt. Sign language/oral interpreter services necessary to ensure the provision of services for individuals with hearing impairments or in the primary language of non-English speaking individuals. Such interpreters shall be linguistically appropriate and be capable of communicating in English and the primary language of the individual and be able to translate clinical information effectively. Payment for interpreter services is only allowed when provided in conjunction with another service such as assessment, individual/family therapy, or group therapy, etc. whenever feasible, individuals should receive services from staff, who are able to provide sign and/or oral interpretive services. In this case, interpreter services cannot be billed in addition to the therapeutic service. Services provided in a properly licensed 24-hour facility by non-medical professionals within their scopes of licensure or certification. Services must be reasonably expected to improve or maintain the condition and functional level and prevent relapse or hospitalization. Services include assessment, supervision, structure and support, and case coordination. Services provided to clients who have completed problem gambling treatment within the past 12 months and are to be utilized to facilitate continued recovery or to avert a potential relapse. Services can be provided within an existing therapy or psycho -educational group being provided to current clients or to a group of previous clients meeting on a regular basis for aftercare. Vl r-1 N N 69 $89.00 N EA_69 O O 9 N 71- Behavioral Health Screening per 15 minutes Financial counseling, per hour Sign language/oral interpreter service, per 15 min Respite care services, not in the home, per diem Continuing Care Group Services, per 15 min for gambler and/or family member M N OO H O M N C..7 Mv') _ O H O O z O O N Approved 5/9/2011 Limited to: 1. Service provider's travel to and from primary site providing AD81 services and ancillary AD81 service site; 2. Mileage charges by program or case consultants; 3. Service provider's travel bringing clients to the treatment site. 4. Service providers transportation costs to bring clients to and from the residential treatment site. 5. Client transportation costs `Treatment specific outreach with primary purpose of getting problem gamblers and/or family members enrolled in services. *** Providers must bill at rates, based upon the cost of services determined through a cost allocation, not in excess of their usual and customary charge to the general public ** (OAR 309-016-0105 and OAR 309-016-0420) Current US GSA rate in N N N 69 0 bA aS Outreach activities, per 15 min 0 o Q M O Approved 5/9/2011 EXHIBIT A&D 81-4 Oregon Problem Gambling Services Outreach Procedure CodesAnnual Client Finding Outreach is defined as Treatment Specific Outreach with the primary purpose of getting problem gamblers and/or family members enrolled in services. This type of outreach is geared specifically towards increasing the number of clients receiving treatment; it is targeted; it generally involves repeated contacts and the development of a relationship with the provider; the provider is generally another professional and the goal is to increase the number of clients they assess and refer to your program. See Exhibit A&D 81-3. Billing Code 50A Strategic outreach plan training and/or plan development. Limited to maximum of 10% of A&D 81 allocations unless preauthorized by OHA Problem Gambling Manager. Billing Code 50B Time spent with allied agencies to develop and follow up on formal referral agreements. Limited to (8 Hours) per allied agency, unless preauthorized by OHA Problem Gambling Manager. Billing Code 50C Time spent delivering presentations to professionals in health/medicine/social services/legal/financial with the express intent to follow up with individual contacts in order to establish relationship, develop screening and referral agreements and protocols, etc. Billing Code 50D Time spent delivering presentations to targeted high risk clients groups, including but not limited to: Incarcerated individuals A/D clients (OP/Residential) MH clients (OP/Residential) CAF clients These presentations shall be focused on signs and symptoms of disordered gambling, treatment options and how to access treatment. Billing Code 50E Treatment Ads (yellow pages, web -based ads, radio, tv, newspaper) Limited to maximum of 20% of 81 allocations unless preauthorized by OHA Problem Gambling Manager. Billing Code 50F Exhibiting at a conference or meeting of professionals that we know from experience are likely to have problem gamblers in their practices and are in a position to potentially refer (ie, physicians, nurses, social services, corrections, legal, financial). This is in contrast to a conference for service organizations (ie Kiwanis, Elks), schools, PTAs and health fairs. Limited to (4 hours) per exhibit, unless preauthorized by OHA Problem Gambling Manager. 134309 Deschutes County OHA 1 I-13 GT0217-I1 Approved 5/9/201 1 64 of 220 Billing Code 50G Other as pre -authorized by OHA Problem Gambling Manager. 134309 Deschutes Count) OHA 11-13 GT0217-I 1 Approved 5/9/2011 65 01 220 Service Name: PROBLEM GAMBLING TREATMENT ENHANCEMENTS PROJECTS Service ID Code: A&D 82 I. Service Description Problem Gambling Treatment Enhancements Projects (A&D 82) are problem gambling services designed to supplement Problem Gambling Treatment & Prevention services (A&D 81 & A&D 80) and are delivered on a demonstration or emergency basis for a specified period of time. Funds awarded for A&D 82 Services may be used to serve individuals with special needs. These individuals include highly suicidal individuals, individuals with co-occurring severe psychiatric conditions, individuals with severe housing problems, non-English speaking individuals, individuals with treatment access obstacles, and repeat treatment failures. These funds may be used for treatment enhancements designed to increase access, retention or volume of client services. II. Performance Requirements A. County will submit a Problem Gambling Treatment Enhancements Plan to OHA in a business plan format describing the County's Project. The plan shall include a detailed implementation plan, specifically what Treatment Enhancement is being proposed and what the anticipated outcome will be. B. OHA has sole discretion to approve or disapprove County's plans depending on availability of funds to support the projects. III. Special Reporting Requirements A. County must submit a written annual report to OHA in September of each fiscal year, in a format prescribed by OHA, describing County's activities, accomplishments, and expenses during the preceding fiscal year as detailed in the Problem Gambling Treatment Enhancements Plan. B. County must submit to OHA a Final Biennial Performance Report containing actual outcomes of A&D 82 funds paid under this Agreement. The Final Biennial Performance Report is due within 60 days after the expiration or termination of the Agreement, whichever is earlier. The Final Biennial Performance Report must be prepared using forms and procedures designated by OHA. Reports shall be submitted to: Oregon Health Authority Addictions and Mental Health Division Attention: Problem Gambling Manager 500 Summer Street N.E. E86 Salem, OR 97301-1118 Reports must be prepared using forms and procedures prescribed by OHA. 134309 Deschutes County ODA 11-13 GT0217-I 1 Approved 5/9/2011 66 of 220 IV. Payment Procedures A. Basis of payment: OHA payment ofA&D 82 Services identified in a particular line of the Financial Assistance Award is based on actual allowable expenditures incurred by a Provider in delivering A&D 82 Services under that line of the Financial Assistance Award subject to the following: 1. Allowable expenditures are limited to the following: i. Personnel expenses (salaries, wages, payroll tax and fringe benefit costs) for delivery ofA&D 82 Services above and beyond the services normally delivered as part of the Outpatient Treatment and Prevention Problem Gambling (A&D 80 & 81). ii. Operating expenses, such as office rent/lease, office utilities, telephone costs, office equipment rental and repair, office supplies, printing, publications, staff travel and staff training. Administrative expenses, capital outlay, or other expenses not listed in sections IV(A)(1)(a) to (c) above. 2. Total OHA payment for all A&D 82 Services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for A&D 82 as specified in that line of the Financial Assistance Award. 3. OHA is not obligated to pay for any A&D 82 Services that are not properly reported to OHA as described in this Service Description by the date 60 days after expiration or termination of this Agreement, whichever date is earlier. B. Disbursement of funds: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for A&D 82 Services in a particular line of the Financial Assistance Award to County in substantially equal monthly 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 reports required or permitted by this Service Description or 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 A&D 82 Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery ofA&D 82 services by County based on the Final Biennial Performance Report that includes a narrative report detailing completion or progress of the Problem Gambling Treatment Enhancements Plan. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 67 of 220 Service Name: NON-RESIDENTIAL MENTAL HEALTH SERVICES FOR ADULTS (GENERAL) Service ID Code: MHS 20 I. Service Description Non -Residential Mental Health Services For Adults (General) (MHS 20) are mental health services delivered to persons diagnosed with serious mental health illness, or other mental or emotional disturbance posing a danger to the health and safety of themselves or others. Non -Residential Mental Health Services for Adults (General) shall include one or more of the following: A. Case management services; B. Vocational and social services; C. Rehabilitation; D. Support to obtain and maintain housing: E. Medication and medication monitoring; F. Emotional support; G. Individual, family and group counseling and therapy; H. Sex offender treatment; and 1. Interpreter services II. Performance Requirements Providers of MHS 20 shall provide coordination of care services for county of responsibility residents in residential treatment programs, which include extended care managed services, regardless of the location. The coordination of care shall include participation in the residential provider's treatment planning process and in planning for the individual's transition to outpatient services. Providers of MHS 20 Services funded through this Agreement must: A. Comply with OAR 309-032-1500 through 309-032-1565, as such rules may be revised from time to time; B. Maintain a Certificate of Approval, for the delivery of clinical services, in accordance with OAR 309-012-0130 through OAR 309-012-0220, as such rules may be revised from time to time; and C. Investigate and report allegations of abuse regarding served individuals and provide protective services to those individuals to prevent further abuse. The investigation, reporting and protective services must be completed in compliance with ORS 430.735 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 68 of 220 through 430.765 and OAR 407-045-0000 through 407-045-0980, as such statutes and rules may be revised from time to time. III. Special Reporting Requirements Providers of MHS 20 Services funded through this Agreement must: A. Submit information and data on abuse reports, investigations and protective services involving individuals to whom the Provider provides MHS 20 Services, as such information and data is reasonably requested by the Oregon Health Authority (OHA) in order to fully understand allegations and reports of abuse, the resulting investigations and protective services and any corrective actions. B. All individuals receiving MHS 20 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 20 Services must be maintained, as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf7ga=t, and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement & Settlement Procedures OHA provides financial assistance for MHS 20 Services in two different ways, through Part A and Part B ("Limitation") Awards. The Award is set in the Financial Assistance Award on MHS 20 lines in column one (1) that contain an "A" for Part A or "B" for Part B Award. The Part B award is not calculated, disbursed or settled under this Agreement, but is included for budgetary purposes. The provider of the service needs to be enrolled as a Medicaid Provider and follow the procedures for billing the OHA for Medicaid mental health services outlined in the Chemical Dependency Medicaid Provider Manual. OHA calculates the rates and the claims are processed through the OHA's Medicaid Management Information System (MMIS). OHA calculates the Part B limitation and OHA' Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. Rates are available on the OHA website located at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh0109rates.pdf. OHA will provide notice to Contractor in timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with the OHA Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0600 through 309-016-0755 and the OHA AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mentalhealth/publications/codebooks/manual.pdf. 134309 Deschutes Counth OHA 11-13 GT0217-I1 Approved 5/9/2011 69 o1'220 The Part A Award financial assistance will be calculated, disbursed and settled as follows: A. Calculation of Financial Assistance: The Part A Award for MHS 20 Services is intended to be general financial assistance to County for MHS 20 Services. Accordingly, OHA will not track delivery of MHS 20 Services or service capacity on a per unit basis so long as County offers and delivers MHS 20 Services as part of its CMHP. 1. Total OHA financial assistance for MHS 20 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 20 Services as specified on that line. 2. OHA is not obligated to provide financial assistance for any MHS 20 Services delivered to individuals that are not properly reported in CPMS (or through other methods permitted or required by this Service Description or an applicable Specialized Service Requirement) by the date sixty (60) days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for MHS 20 Services, or termination of County's obligation to include the Program Area, in which MHS 20 Services fall, in its CMHP. B. Disbursement of financial assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the Part A Award for MHS 20 Services identified 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: I. OHA may, upon written request of County, adjust monthly allotments. 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 20 Services on that line of the Financial Assistance Award. 3. OHA may reduce the monthly allocation when the county is identified by the Addictions and Mental Health Division (AMH) as the County of Responsibility of a patient at the State Hospital and the patient exceeds the length of stay authorized by OHA by more than 30 days. The reduction of the monthly allocation will be based on the following table: Days Beyond Authorization Percentage of State Hospital Cost of Care 0 — 30 0% 31 — 60 25% 61 — 90 50% 91 — 120 75% 121 and over 100% State Hospital Cost of Care will be the cost of care identified in the current Institutional Cost of Care Rates Report published by the OHA Institutional Revenue Section. 134309 Deschutes County Approved 5/9/2011 OHA 11-13 GT0217-11 70 01 220 C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of MHS 20 Services by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 71 of 220 Service Name: CHILD AND ADOLESCENT MENTAL HEALTH SERVICES Service ID Code: MHS 22 I. Service Description Child and Adolescent Mental Health Services (MHS 22) are: A. Mental health services delivered to individuals through age 17 (or through age 20 if Medicaid - eligible) who have primary mental, emotional or behavioral conditions diagnosed on Axis 1 of a completed five -axis DSM diagnosis; B. Screening, assessment and level of service intensity determination services to identify appropriate mental health services for individuals described in A above; and C. Referral and care coordination services with respect to mental health services delivered to individuals described in A above. MHS 22 Services are prioritized for individuals described in A above who are at immediate risk of psychiatric hospitalization or removal from the home due to a mental, emotional or behavioral disorder or pose a danger to the health and safety of themselves or others. MHS 22 Services may be delivered, as appropriate, in clinic, home, school or other settings familiar and comfortable for the individual receiving such services. II. Performance Requirements Providers of MHS 22 Services funded through this Agreement must comply with applicable law including, but not limited to OAR 309-032-1540 (6), (7), (8), & (9) and OAR 309-016-0605 through 309-016-0650, as such rules may be revised from time to time, and maintain a Certificate of Approval in accordance with OAR 309-012-0130 through 309-012-0220, as such rules may be revised from time to time. Providers of MHS 22 Services funded through this Agreement must have current policies and procedures in place that are acceptable to the State of Oregon, Oregon Health Authority (OHA) by which to make level of service intensity determinations employing the Integrated Service Array (ISA). The ISA is a matrix that includes a range of potential service components that are coordinated, comprehensive, and culturally competent, and include intensive and individualized home and community-based services for children and adolescents with severe emotional disorders whose needs have not been adequately addressed in traditional settings. The ISA integrates inpatient, psychiatric residential and psychiatric day treatment, and community-based care provided in a way to insure that children and adolescents are served in the most natural environment possible and that the use of institutional care is minimized. The intensity, frequency, and blend of these services are based on the mental health needs of the child. MHS 22 Services funded through this Agreement include level of service intensity determinations for the ISA only for individuals who are eligible for Medicaid, but who are not enrolled in an Oregon Health Plan (OHP) Mental Health Organization (MHO), and for individuals who are not Medicaid eligible. Protocols for the level of service intensity determinations for the ISA must be 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 72 of 220 clearly communicated with persons and entities appropriately involved in the individual's community-based care (Community Partners), such as family members, and representatives of child welfare, education, juvenile justice and other support and enforcement entities. Level of service intensity determinations include: A. Referral documentation that includes a written request from Community Partners to Providers of MHS 22 services for a level of service intensity determination including consent by the family or legal guardian and signed Release of Information (ROI) from the family or legal guardian, and a mental health assessment provided by the Provider authorized to release assessment, current within the past sixty (60) days; and B. Administration of the Child and Adolescent Service Intensity Instrument (CASII) for children ages six and above or the Early Childhood Service Intensity Instrument (ECSII) for children birth through five years of age. Providers of MHS 22 Services funded through this Agreement must make ISA level of service intensity determinations consistent with this Agreement within three (3) business days from receipt of referral documentation. The identification of children and youth who would benefit from an array of intensive services determined by the Level of Service Intensity Determination Data as indicated by the ECSII or CASII composite score and additional risk factors, includes, but is not limited to the following for all children: A. Exceeding usual and customary services in an outpatient setting; B. Multiple agency involvement; C. Significant risk of out -of -home placement; D. History of one or more out -of -home placements; E. Frequent or imminent admission to acute inpatient psychiatric hospitalization or other intensive treatment services; F. Significant caregiver stress; G. School or child care disruption due to mental health symptomology; H. Elevating or significant risk of harm to self or others; and I. Factors that should receive extra emphasis in young children age birth to five: 1. History of abuse or neglect; 2. Conditions interfering with parenting such as poverty, substance abuse, mental health needs, and domestic violence; 3. Significant relationship disturbance between parent(s); and 4. Child showing significant risk factors for more serious emotional/behavioral challenges (e.g. problems with social relatedness, significant difficulty with affective/behavioral self-regulation, multiple developmental delays) 134309 Deschutes County ()HA 11-13 GT0217-11 Approved 5/9/2011 73 (4 '220 Providers of MHS 22 Services funded through this Agreement must be certified to provide Intensive Community -Based Treatment and Support Services (ICTS), or must refer children who meet criteria for ISA services to a provider certified as an ICTS provider under OAR 309-032- 1540 (5). Providers of MHS 22 Services funded through this Agreement must provide or insure the provision of care coordination and, based on the family's identified needs, supportive services such as skills training, crisis planning, respite care, and in home support to families of children who meet criteria for ISA services. Providers of MHS 22 Services must insure that ISA services funded through this Agreement use community-based decision-making processes in developing the service coordination section in ICTS Individual Service and Support Plans as defined in OAR 309-032-1530(2)(c)(B). Planning will include referral to appropriate types of care and level of service intensity. When providers of MHS 22 Services refer a child or youth to Psychiatric Day Treatment Services (PDTS) defined in OAR 309-032-1505(102) or Psychiatric Residential Treatment Services (PRTS) as defined in OAR 309-032-1505 (100), the providers of MHS 22 Services funded through this Agreement must submit a written approval provided by OHA for admission to the appropriate PDTS or PRTS provider as well as documentation of a Level of Service Intensity Determination Data screening and CASII or ECSII score; the identified ICTS provider, care coordinator, child and family team members; and the ICTS Individual Service and Support Plan. When providers of MHS 22 Services refer a child or youth to OHA for long-term psychiatric care at secure inpatient programs designated by OHA, the referring source will contact the chairperson of the local Community Coordinating Committee (CCC) and follow the referral process in accordance with OAR 309-031-0200 through 309-031-0255. All referrals to OHA for long-term psychiatric care must include a Level of Service Intensity Determination Data screening outcome and CASII or ECSII score; documentation of the identified ICTS provider, care coordinator, child and family team members; and the ICTS Individual Service and Support Plan. When a client has insurance coverage through a third party resource (TPR), the case manager or a designee from the insurance provider should be notified and encouraged to attend the CCC planning meeting. If there is no identified ICTS provider and care coordinator when the CCC planning meeting occurs, the chairperson for the CCC meeting will act as Interim Care Coordinator to facilitate the formation of a preliminary Child & Family Team and the initial development of an ICTS Individual Service and Support Plan. Providers of MHS 22 Services must insure that ISA services funded through this Agreement includes care coordination for children referred to PDTS, PRTS, subacute treatment, acute hospitalization, and long-term psychiatric care. Care coordination includes creating linkages to these programs for the purpose of service coordination planning, attending treatment review meetings, ongoing participation in treatment during the episode of care at the specific PDTS, PRTS, subacute, acute hospital, or long-term psychiatric care program and after care planning. Immediately upon discharge from the Psychiatric Residential Facility or from Long Term Psychiatric Care the child or youth should be enrolled in the appropriate MHO as defined in OAR 410-141-0000(82). 134309 Deschutes County OI -1A 11-13 GT0217-I1 Approved 5/9/2011 74 of 220 Providers of MHS 22 Services funded through this Agreement must provide care coordination and other medically appropriate services and make referrals to the appropriate treatment services for children who do not meet criteria for ISA services. III. Special Reporting Requirements Providers of MHS 22 Services funded through this Agreement must collect and analyze Level of Service Intensity Determination Data acquired while providing MHS 22 services funded through this Agreement for quality assurance and quality improvement activities. For each child receiving MHS 22 Services, Providers must submit to OHA, within sixty (60) days of the end of each calendar quarter, a report with respect to the collection and analysis of all. Level of Service Intensity Determination Data in the format required by OHA. 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. Providers of MHS 22 Services funded through this Agreement shall assist OHA in the collection and reporting of data for use in an ISA Progress Review (described in Attachment 2), as indicators of outcome and performance measures. An ISA Progress Review shall 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. Instructions for submission of the ISA Progress Review Report data shall be provided by OHA as a separate document. All individuals receiving MHS 22 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 22 Services must be maintained, as specified in OHA' CPMS manual located at http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures OHA provides financial assistance for MHS 22 Services in two different ways. Certain funds (the "Part A Award") are calculated, disbursed and settled as set forth below. The Part A Award is set forth in the Financial Assistance Award on MHS 22 lines that contain an "A" in column one. Other funds (the "Limitation") are not calculated, disbursed or settled under this Agreement. The Limitation is set forth in the Financial Assistance Award on MHS 22 lines that contain a "B" in column one. The Limitation is included in this Agreement for budgetary purposes. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 75 of220 The provider of the Part B service needs to be enrolled as a Medicaid Provider and follow the procedures for billing OHA for Medicaid mental health services outlined in the Medicaid provider manual. OHA calculates the rates and the claims are processed through OHA' Medicaid Management Information System (MMIS). OHA calculates the Part B limitation and OHA' Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. Rates are available on the OHA website located at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh0109rates.pdf. OHA will provide notice to Contractor in timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with the OHA Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0000 through 309-016-0450 and the OHA AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mentalhealth/publications/codebooks/manual.pdf. The Part A Award financial assistance will be calculated, disbursed and settled as follows: A. Calculation of Financial Assistance: The Part A award for MHS 22 Services is intended to be general financial assistance to County for MHS 22 Services. Accordingly, OHA will not track delivery of MHS 22 Services or service capacity on a per unit basis so long as County offers and delivers MHS 22 Services as part of its CMHP. a. Total OHA financial assistance for MHS 22 Services under a particular line of the Financial Assistance Award will not exceed the total funds awarded for MHS 22 Services as specified on that line. b. OHA is not obligated to provide financial assistance for any MHS 22 Services that are not properly reported in the Client Process Monitoring System (CPMS) by the date sixty (60) days after the earlier of termination of this Agreement, termination of OHA' obligation to provide financial assistance for MHS 22 Services, or termination of County's obligation to include the Program Area, in which MHS 22 Services fall, in its CMHP. c. OHA will reduce the financial assistance for MHS 22 Services delivered under a particular line of the Financial Assistance Award that contain an "A" in column one as Financial Assistance of a portion of the cost of the services from an individual receiving such services. B. Disbursement of Financial Assistance: OHA will disburse the Part A Award for MHS 22 Services identified 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, upon written request of the County, adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award OHA shall adjust monthly allotments as necessary to reflect changes in the funds awarded for MHS 22 Services on that line of the Financial Assistance Award. 134309 Deschutes County 011A 11-13 GT0217-11 Approved 5/9/2011 76 of 220 C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of MHS 22 Services by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT02I7-I 1 Approved 5/9/2011 77 of 220 Service Name: REGIONAL ACUTE PSYCHIATRIC INPATIENT SERVICES Service ID 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 (CMHP) 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 011A 11-13 GT0217-11 Approved 5/9/2011 78 of 220 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. III. Special Reporting Requirements A. Reports ofJCAHO 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/OHA/mental health/publications/opres/opres-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 OHA 11-13 GT0217-I 1 Approved 5/9/2011 79 of 220 Oregon Patient/Resident 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 OHA 11-13 GT0217-I I Approved 5/9/2011 80 of 220 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 CASII as the statewide tool 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). Provider shall submit a report to OHA, 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. ❑ 1st Quarter (Jan -Mar) ❑ 2nd Quarter (Apr -Jun) ❑ 3rd Quarter (Jul -Sep) ❑ 4th Quarter (Oct -Dec) Formatting CASII and ECSII data for submission to OHA: • Data shall be in a comma -delimited format; Each child shall be represented by a Medicaid ID 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 ID number • Child's date of birth 00/00/0000) ➢ Child's gender • Date of referral Referral Source v Date of Determination ➢ Contractor ➢ Scores for CASII Domains I to VI -B (each score must be in the range 1-5) or ECSII Domains I to V. Composite CASII score or ECSII score. ➢ ISA eligibility Y/N (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 OHA as a separate document. 134309 Deschutes County OHA II -13 GT0217-I I Approved 5/9/2011 81 of 220 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 OHA 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 (00/00/0000). 3. Date ISA Progress Review was completed using 00/00/0000 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 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 his/her primary residence, count as two (2) stays. 134309 Deschutes Count OHA 11-13 GT0217-I I Approved 5/9/2011 82 of 220 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: 0. None. I . 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 / or 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: 0. 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): 0. No history. l . 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: 0. No history. 1. None in past thirty (30) days. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 83 of 220 g. 2. Some in past thirty (30) days. History and risk of running away: 0. 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. 134309 Deschutes Count OHA 11-13 GT0217-I 1 Approved 5/9/2011 84 of 220 Service Name: COMMUNITY CRISIS SERVICES FOR ADULTS AND CHILDREN Service ID Code: MHS 25 I. Service Description Community Crisis Services for Adults and Children (MHS 25) are immediately available mental health crisis assessment, triage and intervention services delivered to individuals experiencing the sudden onset of psychiatric symptoms or the serious deterioration of mental or emotional stability or functioning. MHS 25 Services are of limited duration and are intended to stabilize the individual and prevent further serious deterioration in the individual's mental status or mental health condition. MHS 25 Services includes, but are not limited to, the following services: A. 24 -hours a day, seven days a week face-to-face or telephone screening to determine the need for immediate services for any individual requesting assistance or for whom assistance is requested; B. 24 -hours a day, seven days a week capability to conduct a face-to-face mental health status examination of an individual by a Qualified Mental Health Professional (as defined in OAR 309-016-0005) or Qualified Mental Health Associate (as defined in OAR 309-016-0005), to determine the individual's condition and the interventions necessary to stabilize the individual; C. A mental health assessment concluding with written recommendations by a Qualified Mental Health Professional or a Qualified Mental Health Associate regarding the need for further treatment; D. In the case ofa child, appropriate child and family, psychological, psychiatric and other medical interventions delivered by a Qualified Mental Health Professional and are specific to the assessment, identified in the initial treatment plan, and any community placements necessary to protect and stabilize the child as quickly as possible; E. In the case of an adult, appropriate psychological, psychiatric and other medical interventions delivered by a Qualified Mental Health Professional, that are specific to the assessment and identified in the initial treatment plan, and any community placements necessary to protect and stabilize the individual as quickly as possible; F. Arrangement for the provision of involuntary psychiatric services at a hospital or non- hospital facility approved by Oregon Health Authority (OHA), when a person's behavior requires it; G. Pre -commitment services, including: 1. A pre -commitment investigation of an individual who has been placed on an emergency psychiatric hold or for whom two persons have petitioned the court for the 134309 Deschutes Canty OHA 11-13 GT0217-11 Approved 5/9/2011 85 of 220 person's commitment to OHA. The investigation may only be conducted by a Certified Mental Health Investigator (as defined in OAR 309-033-0920) who has not provided to the individual any of the crisis services described above. 2. The development of a treatment plan to: a. Divert an individual from a commitment hearing; or b. If the individual is committed, to provide for the initial post -hearing care, custody and treatment of the individual. 3. Assigning and placing a committed individual in a treatment service appropriate to the individual's needs and monitoring the care, custody and treatment of a committed person under County's jurisdiction whether the individual is placed at an inpatient facility, on trial visit or outpatient commitment at an outpatient setting. 4. Ensuring that all legal procedures are performed as required by statute and administrative rule. H. Disaster response -crisis counseling services. including: For the purpose of responding to a specified local disaster event, funds may be awarded through an amendment to the Financial Assistance Award, for the following services: 1. To respond to local disaster events by: a. Providing crisis counseling and critical incident stress debriefing within County to disaster victims; police, firefighters and other "first -responders"; disaster relief shelters; and the community -at -large. b. Coordinating crisis counseling services with County Emergency Operations Manager (CEOM); and providing crisis counseling, and stress management services to Emergency Operations Center staff according to agreements established between the Community Mental Health Program (CMHP) and CEOM. 2. To assist other CMHPs in the provision of services described in Section H (l)(a) above as part of a mutual aid agreement. II. Performance Requirements Providers of MHS 25 Services funded through this Agreement must comply with OAR 309-032- 1500 through 309-032-1565 and OAR 309-032-1540 (6), (7), (8), & (9), as such rules may be revised from time to time. Providers of MHS 25 Services funded through this Agreement must maintain a Certificate of Approval in accordance with OAR 309-012-0130 though OAR 309-012-0220, as such rules may be revised from time to time. 134309 Deschutes County OIIA I1-13 GT0217-I1 Approved 5/9/2011 86 of 220 III. Special Reporting Requirements Except for those who are initially screened out, all individuals receiving MHS 25 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 25 Services must be maintained, as specified in OHA' CPMS manual, located at http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: The funds awarded for MHS 25 Services are intended to be general financial assistance to County for MHS 25 Services. Accordingly, OHA will not track delivery of MHS 25 Services or service capacity on a per unit basis so long as County offers and delivers MHS 25 Services as part of its CMHP. Total OHA financial assistance for MHS 25 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 25 Services as specified on that line. B. Disbursement of Financial Assistance: OHA will disburse the funds awarded for MHS 25 Services identified 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: I . OHA may, upon written request of County, adjust monthly allotments. 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 25 Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of MHS 25 Services by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County O1IA 1I-13 GT0217-11 Approved 5/9/2011 87 of 220 Service Name: NON-RESIDENTIAL MENTAL HEALTH SERVICES FOR YOUTH & YOUNG ADULTS IN TRANSITION (DESIGNATED) Service ID Code: MHS 26 I. Service Description Non -Residential Mental Health Services for Youth & Young Adults In Transition (Designated) (MHS 26) are mental health services delivered to individuals through 25 years of age who are under the jurisdiction of the Juvenile Panel of the Psychiatric Security Review Board (JPSRB) or in the Young Adults in Transition (YAT) program, specified in the Financial Assistance Award, and have a mental or emotional disorder posing a danger to the health and safety of themselves or others. The purpose of MHS 26 Services is to provide mental health services in community settings that reduce or ameliorate the disabling effects of mental or emotional disorders. Non - Residential Mental Health Services for Youth & Young Adults in Transition (Designated) include: A. Care coordination and residential case management services; B. Vocational and social services; C. Rehabilitation; D. Support to obtain and maintain housing; E. Abuse investigation and reporting; F. Medication and medication monitoring; G. Skills training; H. Mentoring; 1. Peer support services; J. Emotional support; K. Occupational therapy; L. Recreation; M. Supported employment; N. Supported education; O. Secure transportation; and P. Individual, family and group counseling and therapy. II. Performance Requirements Services to individuals through 25 years of age under the jurisdiction of the JPSRB, or in the Young Adults in Transition (YAT) program, will be delivered with the least possible disruption to positive relationships, and will incorporate the following: 134309 Deschutes Count OHA 11-13 GT0217-I 1 Approved 5/9/2011 88 of 220 The rapport between professional and individual will be given as much of an emphasis in service planning as other case management approaches; Services will be coordinated with applicable adjunct programs serving both children and adults, so as to facilitate smoother transitions and improved integration of services and supports across both adolescent and adult systems; Services will be engaging and relevant to youth and young adults; Services will accommodate the critical role of peers and friends; The Individual Service and Support Plan will include a safety component to insure that identity development challenges and boundary issues are not cause for discontinuing service; The Individual Service and Support Plan will include a specific section addressing services and supports unique to the developmental progress of Youth and Young Adults in Transition including school completion, employment, independent living skills, budgeting, finding a home, making friends, parenting and family planning, and delinquency prevention; The Young Adult Service Delivery Team or its designee shall provide direction to provider regarding services to be delivered to the youth or young adult; and Secured Transportation services under MHS 26 will be approved by OHA on a case by case basis. III. Special Reporting Requirements A. County shall provide Oregon Health Authority (OHA) with a summary report of MHS 26 Services delivered with funds provided under this Agreement within 45 days after the end of each State fiscal year or within 40 days of termination, whichever occurs first. Submit reports to: Oregon Health Authority Addictions and Mental Health Services Division Attention: Contracts Administrator 500 Summer Street N.E. E86 Salem, OR 97301-11 18 Reports must be prepared using forms and procedures prescribed by OHA. B. All individuals receiving MHS 26 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 26 Services must be maintained, as specified in OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?;;a=t, and as it may be revised from time to time. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 89 of220 IV. Financial Assistance Calculation, Disbursement and Settlement Procedures OHA provides financial assistance for MHS 26 Services in two different ways. Certain funds (the "Part A Award") are calculated, disbursed and settled as set forth below. The Part A Award is set forth in the Financial Assistance Award on MHS 26 lines that contain an "A" in column one. Other funds (the "Limitation") are not calculated, disbursed or settled under this Agreement. The provider of the Part B service needs to be enrolled as a Medicaid Provider and follow the procedures for billing OHA for Medicaid mental health services outlined in the Medicaid provider manual. OHA calculates the rates and the Part B Limitation and the claims are processed through OHA' Medicaid Management Information System (MMIS). OHA' Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. Rates are available on the OHA website located at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh0109rates.pdf. OHA will provide notice to Contractor in timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with OHA' Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0000 through 309-016-0755 and the OHA AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mental health/pub l ications/codebooks/manual .pd f. The Part A Award financial assistance will be calculated, disbursed and settled as follows: A. Calculation of Financial Assistance: The Part A Award for MHS 26 Services is intended to be general financial assistance to County or Contractor for MHS 26 Services. Accordingly, OHA will not track delivery of MHS 26 Services under a particular line of the Financial Assistance Award on a per unit basis so long as County or Contractor offers and delivers MHS 26 Services to the individual designated on that line of the Financial Assistance Award. Total OHA financial assistance for MHS 26 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 26 Services as specified on that line, subject to the following: 1. OHA is not obligated to provide financial assistance for any MHS 26 Services delivered to individuals who are not properly reported through CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement) by the date sixty (60) days after the earlier of termination of this Agreement, termination of OHA' obligation to provide financial assistance for MHS 26 Services, or termination of County's obligation to include the Program Area, in which MHS 26 Services fall, in its CMHP. 2. OHA will reduce the financial assistance for MHS 26 Services delivered under a particular line of the Financial Assistance Award containing and "A" in the first column by the amount received by a Provider of MHS 26 Services, as payment of a portion of the cost of the services from an individual receiving such services. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the Part A Award for MHS 26 Services identified in a particular line of the Financial Assistance 34309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 90 of 220 Award to County or Contractor 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 or non- delivery of services identified through CPMS 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; and 3. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 26 Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the delivery of MHS 26 Services, to the individuals specified in the Financial Assistance Award, by County as part of its CMHP, based on data properly reported in CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement). 134309 Deschutes Count_' O1IA 1I-13GT0217-11 Approved 5/9/2011 91 01 220 Service Name: RESIDENTIAL MENTAL HEALTH .fREA'TMENT SERVICES FOR YOUTH & YOUNG ADULTS IN TRANSITION Service ID Code: MHS 27 1. Service Description Residential Mental Health Treatment Services for Youth & Young Adults in Transition (MHS 27) are mental health services delivered to individuals through 25 years of age for individuals under the jurisdiction of the Juvenile Panel of the Psychiatric Security Review Board (JPSRB) or in the Youth and Young Adults in Transition program. Residential Mental Health Treatment Services for Youth and Young Adults in Transition (MHS 27) are: A. Services delivered on a 24-hour basis to individuals with mental or emotional disorders who have been hospitalized or are at immediate risk of hospitalization, who need continuing services to avoid hospitalization or who are a danger to themselves or others or who otherwise require long-term care to remain in the community; and B. Only those individuals who the Young Adult Service Delivery Team determines are unable to live independently without supervised intervention, training, or support. The specific MHS 27 Services delivered to an individual are determined based upon an individualized assessment of care and treatment needs and are intended to promote the well being, health, resiliency and recovery of the individual through the availability ofa wide -range of residential service options. MHS 27 Services delivered in appropriately licensed and certified programs or facilities include, but are not limited to, the following: A. Crisis stabilization services, such as accessing psychiatric, medical, or qualified professional intervention to protect the health and safety of the individual and others; B. Timely, appropriate access to crisis intervention to prevent or reduce acute, emotional distress, which might necessitate psychiatric hospitalization; C. Money and household management; D. Supervision of daily living activities such as skill development focused on nutrition, personal hygiene, clothing care and grooming, and communication skills for social, health care, and community resources interactions; E. Provision of care including assumption ofa responsibility for the safety and well-being of the individual; F. Administration, supervision and monitoring of prescribed and non -prescribed medication, and client education on medication awareness; G. Provision or arrangement of routine and emergency transportation; H. Developing skills to self manage emotions; I. Management ofa diet, prescribed by a physician, requiring extra effort or expense in preparation of food; 134309 Deschutes County Approved 5/9/2011 92 of220 OHA 11-13 G10217-11 J. Management of physical or health problems including, but not limited to, diabetes and eating disorders; K. Skill training; L. Mentoring, peer delivered services and peer support services; M. Positive use of leisure time and recreational activities; N. Supported Education; O. Supported Employment; P. Occupational Therapy; and Q. Recreation. H. Performance Requirements The Young Adult Service Delivery Team or its designee shall provide direction to the provider regarding the prioritization of individuals for admission. Services to Youth and Young Adults in Transition will be delivered with the least possible disruption to positive relationships, and will incorporate the following: A. The rapport between professional and individual will be given as much of an emphasis in service planning as other case management approaches; B. Services will be coordinated with applicable adjunct programs serving both children and adults so as to facilitate smoother transitions and improved integration of services and supports across both adolescent and adult systems; C. Services will be engaging and relevant to Youth & Young Adults in Transition; D. Services will accommodate the critical role of peers and friends; E. The Individual Service and Support Plan will include a safety component to insure that identity development challenges and boundary issues are not cause for discontinuing service; and F. The Individual Service and Support Plan will include a specific section addressing services and supports unique to the developmental progress of Youth & Young Adults in Transition including school completion, employment, independent living skills, budgeting, finding a home, making friends, parenting and family planning, and delinquency prevention. Services to JPSRB Youth and Young Adults in Transition shall be delivered in support of the conditional release plan as set forward by the JPSRB Board. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 93 of 220 III. Special Reporting Requirements County or Contractor must complete and deliver to Oregon Health Authority (OHA) the "Personal Care Data Form For Residential Facilities" for any individual receiving MHS 27 Services funded through this Agreement when the individual is transferred to another residence or facility operated by the Provider, the individual is transferred to another Provider of MHS 27 Services, MHS 27 Services to the individual end or the payment rate for the individual changes. An individual's payment rate may only be changed after consultation with and approval by OHA and only if the MHS 27 Services for that individual are funded from the Residential Limitation (as defined below). If County has authorized or anticipates authorizing delivery of MHS 27 Services to an individual with funds from the Residential Limitation (as defined below) and wishes to reserve MHS 27 service capacity for that individual for a short period of time when the individual is not actually receiving the services, the provider must submit a written Reserved Service Capacity Payment (RSCP) Request and Contract Amendment Request to OHA under OAR 309-011-0105 through 309-01 1-0115. If OHA approves the RSCP and Contract Amendment Request, OHA and County shall execute an amendment to the Financial Assistance Award to reduce Funding, Part A, and Residential Limitation, Part B, and add funds necessary to make the approved payments to reserve the service capacity to the Part A Award. OHA shall have no obligation to make the payments unless and until the Financial Assistance Award has been so amended. All individuals receiving MHS 27 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 27 Services must be maintained, as specified in OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual nib.pdf?ga=t. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures OHA provides financial assistance for MHS 27 Services in two different ways. Certain funds (the "Part A Award") are calculated, disbursed and settled as set forth in Section IV (A) below. The Part A Award is set forth in the Financial Assistance Award on MHS 27 lines that contain an "A" in column one. Other funds (the "Residential Limitation") are not calculated, disbursed or settled under this Agreement. These funds are set forth in the Financial Assistance Award on MHS 27 lines that contain a "B" in column one and are paid as described in Section IV(B) below. A. The Part A Award will be calculated, disbursed and settled as follows: 1. Calculation of Financial Assistance. OHA will provide financial assistance for MHS 27 Services identified in a particular line of the Financial Assistance Award with an "A" in column one from funds identified on that line in an amount equal to the rate set forth in the special condition identified in that line of the Financial Assistance Award, multiplied by the number of units of MHS 27 Services delivered under that line of the Financial Assistance Award during the period specified in that line, subject to the following: 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 94 of 220 Total OHA payment for MHS 27 Services delivered under a particular line in the Financial Assistance Award containing an "A" in column one shall not exceed the total funds awarded for MHS 27 Services as specified in that line of the Financial Assistance Award; ii. OHA is not obligated to provide financial assistance for any MHS 27 Services that are not properly reported in CPMS by the date sixty (60) days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for MHS 27 Services, or termination of County's or Contractor's obligation to include the Program Area, in which MHS 27 Services fall, in its Community Mental Health Program (CMHP); and ii. OHA will reduce the financial assistance for MHS 27 Services delivered under a particular line of the Financial Assistance Award containing an "A" in column one by the amount received by a Provider of MHS 27 Services, as payment of a portion of the cost of the services, from an individual receiving such services with funds awarded in that line of the Financial Assistance Award. 2. Disbursement of Financial Assistance. OHA will disburse funds awarded for MHS 27 Services identified in a particular line of the Financial Assistance Award with an "A" in column one, to County or Contractor in substantially equal monthly allotments during the period specified in that line of the Financial Assistance Award, subject to the following: OHA may, after 30 days (unless parties agreed otherwise) written notice to County, reduce the monthly allotments based on under used allotments identified through CPMS or through other reports required or permitted by this Service Description or applicable Specialized Service Requirement; ii. OHA may, upon written request of County, adjust monthly allotments; and iii. Upon amendment to the financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 27 Services on that line of the Financial Assistance Award. 3. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term ofthis Agreement between actual OHA disbursements of funds awarded for MHS 27 Services under a particular line of the Financial Assistance Award containing an "A" in column one and amounts due for such services provided by County based on the rate set forth in the special condition identified in that line of the Financial Assistance Award. For purposes ofthis section, amounts due to County is determined by actual amount of services delivered under that line of the Financial Assistance Award during the period specified in that line of the Financial Assistance Award, as properly reported in CPMS or through other method required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA I I-13GT0217-II Approved 5/9/201 I 95 of 220 B. Residential Limitation. The Residential Limitation Part B, is disbursed by OHA directly to service providers based on monthly rates authorized by County or Contractor after consultation with OHA, subject to the following: 1. All payment rates authorized by County or Contractor under this Section IV (B) for delivery of MHS 27 Services must meet the following requirements: i. The rates must be reasonable under the facts and circumstances in existence at the time each rate is set, including but not limited to the state of the market for MHS 27 Services in the geographic area in which the services will be delivered and the needs of the particular individual receiving services; and ii. County or Contractor may (i) set different rates for delivery of MHS 27 Services to different individuals and (ii) revise existing rates to reflect cost of living adjustments or other scheduled increases in payment for MHS 27 Services to the extent approved or authorized by the Oregon Legislative Assembly or the Legislative Emergency Board. iii. County or Contractor must document its methodology for determining a particular rate and furnish such documentation to OHA. County or Contractor shall retain such documentation in accordance with section 10 of Exhibit E of this Agreement. 2. County or Contractor shall not authorize, in aggregate under this Section IV (B), financial assistance for MHS 27 Services in excess of the Residential Limitation. Total aggregate financial assistance means the total of all financial assistance authorized before reducing payments to account for client resources received by the provider from a client, or another on behalf of the client, in support of client care and services provided; 3. The monthly rate will be prorated for any month in which the individual is not served for a portion of the month; 4. Financial assistance will be reduced (offset) by the amount of client resources received by the provider from the client or the client's health insurance in support of client care and services provided; and 5. The Residential Limitation is included in this Agreement for budgetary purposes. If OHA anticipates that payments for MHS 27 Services authorized by County or Contractor under this Section IV (B) will exceed the amount of the Residential Limitation, OHA may unilaterally reduce the award of funds, as set forth in the Financial Assistance award, for any other MHS Service or Services to the extent of the general fund portion of the anticipated Residential Limitation shortfall. OHA and County or Contractor shall execute an appropriate amendment to the Financial Assistance Award to reflect the reduction of the Part A Award and the increase in the Residential Limitation. 134309 Deschutes County OHA 11-13 GT0217-1 1 Approved 5/9/2011 96 of 220 Service Name: RESIDENTIAL TREATMENT -SERVICES Service ID Code: MHS 28 I. Service Description Residential Treatment Services (MHS 28) are: A. Services delivered on a 24-hour basis to individuals 18 years of age or older with mental or emotional disorders who have been hospitalized or are at immediate risk of hospitalization, who need continuing services to avoid hospitalization or who are a danger to themselves or others or who otherwise require continuing care to remain in the community; and B. Services delivered to individuals who the County, in conjunction with the Oregon Health Authority (OHA) determines are unable to live independently without supervised intervention, training or support are eligible for MHS 28 Services funded through this Agreement. The specific MHS 28 Services delivered to an individual are determined based upon an individualized assessment of treatment needs and development of plan of care that are intended to promote the well being, health and recovery of the individual through the availability ofa wide -range of residential service options. MHS 28 Services delivered in Residential Treatment Facilities (as defined in OAR 309-035- 0100 through 309-035-0190) (RTF) or Residential Treatment Homes (as defined in OAR 309- 035-0250 through 309-035-0460) (RTH), or another licensed setting approved by OHA include, but are not limited to, the following: A. Crisis stabilization services, such as accessing psychiatric, medical, or qualified professional intervention to protect the health and safety of the individual and others; B. Timely, appropriate access to crisis intervention to prevent or reduce acute, emotional distress, which might necessitate psychiatric hospitalization; C. Management of personal money and expenses; D. Supervision of daily living activities and life skills such as training with nutritional wellness, personal hygiene, clothing care and grooming, communication with social skills, health care, household management and using community resources; E. Provision of care including assumption ofa responsibility for the safety and well-being of the individual; F. Administration and supervision of prescribed and non -prescribed medication; G. Provision or arrangement of routine and emergency transportation; 134309 Deschutes Count' MIA 11-13010217-11 Approved 5/9/2011 97 o1220 H. Management of aggressive or self-destructive behavior; 1. Management of a diet, prescribed by a physician, requiring extra effort or expense in preparation of food; and J. Management of physical or health problems, including, but not limited to, seizures or incontinency. Financial assistance is dependent upon an individual meeting defined criteria, established by the Oregon Health Authority (OHA) and posted on the OHA, Addictions and Mental Health (AMH) website. OHA and its designees have the authority to review Clinical records and have direct contact with individuals. The County and any providers must notify individuals in writing within five state business days of a determination on admission, as defined by OHA policy, posted on the OHA AMH website. II. Performance Requirements A provider of MHS 28 services shall give first priority in admission to referrals from individuals transitioning from the State Hospitals, and referrals of individuals on the State Hospital wait list. A Provider of MHS 28 Services funded through this Agreement must deliver the Services in a facility licensed as a Residential Treatment Facility or Secured Residential Treatment Facility under OAR 309-035-0100 through 309-035-0190 or as a Residential Treatment Home under OAR 309-035-0250 through 309-035-0460, as such rules may be revised from time to time. III. Special Reporting Requirements County must complete and deliver to OHA the form as prescribed by OHA for any individual receiving MHS 28 Services funded through this Agreement when the individual is transferred to another residence or facility operated by the Provider, the individual is transferred to another Provider of MHS 28 Services, MHS 28 Services to the individual end or the payment rate for the individual changes. An individual's payment rate may only be changed after consultation with and approval by OHA and only if the MHS 28 Services for that individual are funded from the Residential Limitation (as defined below). If County has authorized or anticipates authorizing delivery of MHS 28 Services to an individual and wishes to reserve MHS 28 service capacity for that individual for a short period of time when the individual is not actually receiving the services, County must submit a written Reserved Service Capacity Payment (RSCP) Request and Contract Amendment Request to OHA under OAR 309-01 1-0105 through 309-011-0115. If OHA approves the RSCP and Contract Amendment Request, OHA and County shall execute an amendment to the Financial Assistance Award to reduce Residential Limitation, Part B, and add funds necessary to make the approved payments to reserve the service capacity to the Part A Award. OHA shall have no obligation to make the payments unless and until the Financial Assistance Award has been so amended. All individuals receiving MHS 28 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS) database within 24 hours of admission 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 98 0' 220 and disenrolled within 24 hours of discharge, and the individual's CPMS record for MHS 28 Services must be maintained, as specified in OHA's CPMS manual located at: http://www.oregon.aov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures OHA provides financial assistance for MHS 28 Services in two different ways. Certain funds (the "Part A Award") are calculated, disbursed and settled as set forth in Section IV (A) below. The Part A Award is set forth in the Financial Assistance Award on MHS 28 lines that contain an "A" in column one. Other funds (the "Residential Limitation") are not calculated, disbursed or settled under this Agreement. These funds are set forth in the Financial Assistance Award on MHS 28 lines that contain a "B" in column one and are paid as described in Section IV (B) below. Part B Limitation: The provider of the service needs to be enrolled as a Medicaid Provider and follow the procedures for billing OHA for Medicaid mental health services outlined in the Medicaid provider manual. OHA calculates the rates and the claims are processed through OHA' Medicaid Management Information System (MMIS). OHA calculates the Part B limitation and OHA' Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. OHA sets procedures and rates for the Limitation. Rates are available on the OHA website located at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh0109rates.pdf. OHA will provide notice to County in timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with the OHA Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0600 through 309-016-0755 and the OHA AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mentalhealth/publications/codebooks/manual.pdf. A. The Part A Award will be calculated, disbursed and settled as follows: 1. Calculation of Financial Assistance. OHA will provide financial assistance for MHS 28 Services identified in a particular line of the Financial Assistance Award with an "A" in column one from funds identified on that line in an amount equal to the rate set forth in the special condition identified in that line of the Financial Assistance Award, multiplied by the number of units of MHS 28 Services delivered under that line of the Financial Assistance Award during the period specified in that line, subject to the following: 134309 Deschutes County OHA 11-13 GT0217-11 i. Total OHA payment for MHS 28 Services delivered under a particular line in the Financial Assistance Award containing an "A" in column one shall not exceed the total funds awarded for MHS 28 Services as specified in that line of the Financial Assistance Award; ii. OHA is not obligated to provide financial assistance for any MHS 28 Services that are not properly reported in CPMS by the date 60 days after the earlier of termination or expiration of this Agreement, termination ofOHA' obligation to Approved 5/9/2011 99 of 220 provide financial assistance for MHS 28 Services, or termination of County's obligation to include the Program Area, in which MHS 28 Services fall, in its Community Mental Health Program (CMHP); and 111.OHA will reduce the financial assistance for MHS 28 Services delivered under a particular line of the Financial Assistance Award containing an "A" in column one by the amount received by a Provider of MHS 28 services, as payment of a portion of the cost of the services from an individual receiving such services. 2. Disbursement of Financial Assistance. Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse funds awarded for MHS 28 Services identified in a particular line of the Financial Assistance Award with an "A" in column one, to County in substantially equal monthly allotments during the period specified in that line of the Financial Assistance Award, subject to the following: i. OHA may, after 30 days (unless parties agreed otherwise) written notice to County, reduce the monthly allotments based on under used allotments identified in CPMS or through other reports required or permitted by this Service Description or applicable Special Terms and Conditions.. ii. OHA may, upon written request of County, adjust monthly allotments. iii. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 28 Services on that line of the Financial Assistance Award. 3. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for MHS 28 Services under a particular line of the Financial Assistance Award containing an "A" in column one and amounts due for such services provided by County based on the rate set forth in the special condition identified in that line of the Financial Assistance Award. For purposes of this section, amounts due to County is determined by the actual amount of services delivered under that line of the Financial Assistance Award during the period specified in that line of the Financial Assistance Award, as properly reported in CPMS or through other method required or permitted by this Service Description or an applicable Specialized Service Requirement. The settlement process will not apply to funds awarded for an approved Reserved Service Capacity Payment. B. Residential Limitation. The Residential Limitation, Part B is disbursed by OHA directly to service providers based on monthly rates authorized by County after consultation with OHA, subject to the following: 1. All payment rates authorized by County under this Section IV (B) for delivery of MHS 28 Services must meet the following requirements: 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 100 of 220 The rates must be reasonable under the facts and circumstances in existence at the time each rate is set, including but not limited to the state of the market for MHS 28 Services in the geographic area in which the services will be delivered and the needs of the particular individual receiving services. 2. County shall not authorize, in aggregate under this Section IV (B), financial assistance for MHS 28 Services in excess of the Residential Limitation. Total aggregate financial assistance means the total of all financial assistance authorized before reducing payments to account for client resources received by the provider from a client, or another on behalf of the client, in support of client care and services provided; 3. The monthly rate will be prorated for any month in which the individual is not served for a portion of the month; 4. Financial assistance will be reduced (offset) by the amount of client resources received by the provider from the client or client's health insurance in support of client care and services provided; 5. The Residential Limitation is included in this Agreement for budgetary purposes. If OHA anticipates that payments for MHS 28 Services authorized by County under this Section IV (B) will exceed the amount of the Residential Limitation, OHA may unilaterally reduce the award of funds, as set forth in the Financial Assistance award, for any other MHS Service or Services to the extent of the general fund portion of the anticipated Residential Limitation shortfall. OHA and County shall execute an appropriate amendment to the Financial Assistance Award to reflect the reduction of the Part A Award and the increase in the Residential Limitation; and 6. OHA is not obligated to provide financial assistance for any MHS 28 Services that are not properly reported through CPMS by the date 60 days after the earlier of termination or expiration of this Agreement, termination of OHA' obligation to provide financial assistance for MHS 28 Services or termination of County's obligation to include the Program Area, in which MHS 28 Services fall, in its CMHP. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 101 01 '220 Service Name: SUPERVISION SERVICES FOR INDIVIDUALS UNDER THE JURISDICTION OF THE ADULT AND JUVENILE PANELS OF THE PSYCHIATRIC SECURITY REVIEW BOARD Service ID Code: MHS 30 I. Service Description Supervision Services For Individuals Under the Jurisdiction of the Adult and Juvenile Panels of the Psychiatric Security Review Board (MHS 30) include assessment and evaluation services delivered to individuals residing in the Oregon State Hospital (OSH) or a hospital or facility designated by the Oregon Health Authority (OHA) and supervision services delivered to individuals while on conditional release from OSH or a hospital or facility designated by OHA. MHS 30 Services include: A. The assessment and evaluation for the Court and for the Psychiatric Security Review Board (PSRB) of an individual for conditional release from OSH or a hospital or facility designated by OHA or placement on a waiting list for conditional release from OSH or a hospital or facility designated by OHA to determine if the individual can be treated in the community, including identification of the specific requirements for the community placement of an individual; B. Supervision and Urinalysis Drug Screen (UADS) of individuals while on conditional release from OSH or a hospital or facility designated by OHA consistent with the PSRB conditional release order; C. Coordination with OSH or a hospital or facility designated by OHA on transition activities related to conditional release of an individual; and D. Administrative activities related to the supervision services described above, including but not limited to: 1. Modification of conditional release orders; 2. Revocations of conditional release, due to violation(s) of conditional release orders, and readmission to OSH; and 3. Response to Law Enforcement Data System notifications as a result of contact by the individual receiving MHS 30 Services with law enforcement agencies. II. Performance Requirements: Providers of MHS 30 Services funded through this Agreement must comply with OAR 309-032- 1540 (4), as such rules may be revised from time to time. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 102 of 220 Providers of MHS 30 Services funded through this Agreement must maintain a Certificate of Approval in accordance with OAR 309-012-0130 through OAR 309-012-0220, as such rules may be revised from time to time. III. Special Reporting Requirements: A. County must submit a copy of the Conditional Release Plan to OHA for all individuals conditionally released from OSH or a hospital or facility designated by OHA and receiving MHS 30 Services with funds provided under this Agreement. B. County must submit a copy of each individual's conditional release monthly progress report, no later than the 15th of each month following the month MHS 30 Services were delivered with funds provided under this Agreement,. Submit reports to: Oregon Health Authority Addictions and Mental Health Division Attention: Contracts Administrator 500 Summer Street N.E. E86 Salem, OR 97301-1118 C. All individuals receiving MHS 30 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 30 Services must be maintained, as specified in OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance. OHA will provide financial assistance for MHS 30 Services identified in a particular line of the Financial Assistance Award with an "A" in column one, from funds identified on that line in an amount equal to the rate set forth in the special condition identified in that line of the Financial Assistance Award, multiplied by the number of units of MHS 30 Services delivered under that line of the Financial Assistance Award during the period specified in that line, subject to the following: 1. Total OHA financial assistance for MHS 30 Services delivered under a particular line in the Financial Assistance Award shall not exceed the total funds awarded for MHS 30 Services as specified in that line in the Financial Assistance Award; and 2. OHA is not obligated to pay for any MHS 30 Services that are not properly reported in CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement) by the date sixty (60) days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for MHS 30 Services, or termination of County's obligation to include the Program Area, in which MHS 30 Services fall, in its Community Mental Health Program (CMHP). 134309 Deschutes County OHA 11-13 GT0217-I I Approved 5/9/2011 103 of 220 B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the Part A funds awarded for MHS 30 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 CPMS 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; and 3. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary to reflect changes in the funds awarded for MHS 30 Services on that line of the Financial Assistance Award. C. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for MHS 30 Services under a particular line of the Financial Assistance Award and amounts due for such services provided by County based on the rate set forth in the special condition identified in that line of the Financial Assistance Award. For purposes of this section, amounts due to County is determined by the actual amount of services delivered under that line of the Financial Assistance Award during the period specified in that line of the Financial Assistance Award, as properly reported in CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement). 134309 Deschutes Count\ OMA 11-13 GT0217-I 1 Approved 5/9/2011 104 or220 Service Name: ENHANCED CARE AND ENHANCED CARE OUTREACH SERVICES Service ID Code: MHS 31 I. Service Description Enhanced Care Services and Enhanced Care Outreach Services (MHS 31) are intended to enable an individual to leave, or avoid placement in, the geriatric treatment units at the Oregon State Hospital (OSH). MHS 31 Services are outpatient community mental health and psychiatric rehabilitation services delivered to individuals that are Seniors and People with Disabilities (SPD) service need eligible and who have been deemed eligible by the Enhanced Care Services (ESC) Coordinator. Eligibility criteria includes, but is not limited to the following: A. Severe and persistent mental illness or behavioral disorders; B. Reside in a nursing facility, residential care facility, assisted living facility or foster home operated by a Provider licensed by the Department of Human Services (DHS) Seniors and People with Disabilities Division (SPD); and C. Exhibit symptoms and related behaviors requiring a high level of service including, but not limited to: 1. History of self -endangering behaviors with a likelihood of continued self - endangering behaviors without 24-hour supervision; 2. Aggressive behavior that could not be managed in a lesser level of care; 3. Intrusive or sexually inappropriate behavior ; 4. Inability to set and maintain appropriate personal boundaries requiring a high level of management and supervision; 5. Intractable psychiatric symptoms requiring intensive management, problematic medication needs and ongoing potential adjustments of multiple medications requiring 24-hour supervision; 6. Documented history of failed community placements; and 7. Length of stay at a psychiatric hospital and been denied placement in a lesser level of care. 134309 Deschutes County OI -IA 11-13 GT0217-11 Approved 5/9/2011 105 of 220 Requirements for MHS 3 I also include: 1. Evaluation: All individuals shall be evaluated by the provider and local SPD licensed facility staff prior to placement; and 2. Transition/Discharge: CMHP or its designee shall notify Enhanced Care Services (ECS) Coordinator prior to transition from ECS. The CMHP or its designee shall notify the ECS Coordinator within three working days of any change in an individual's medical or psychiatric condition which jeopardizes the placement. II. Performance Requirements Providers of MHS 3 I Services funded through this Agreement must comply with OAR 309-032- 1540 (3), as such rules may be revised from time to time. Providers of MHS 31 Services funded through this Agreement must maintain a Certificate of Approval in accordance with OAR 309-012-0130 through 309-012-0220, as such rules may be revised from time to time. MHS 31 Services funded through this Agreement may only be delivered to individuals who satisfy the requirements for receipt of nursing facility or community based care under Medicaid as specified in OAR 41 1-015-0000 through 41 1-015-0100, as such rules may be revised from time to time, and who receive such services in a nursing facility, residential care facility, assisted living facility or foster home operated by a Provider that has entered into an agreement with the SPD Division to provide services to designated individuals and that is licensed by DHS', SPD Division. If County wishes to use MHS 31 funds made available under this Agreement for delivery of MHS 31 Services to otherwise eligible individuals not residing in an SPD facility, County must receive a variance from the Oregon Health Authority (OHA) in accordance with OAR 309-032- 1565, as such rules may be revised from time to time. III. Special Reporting Requirements Providers of MHS 31 Services funded through this Agreement must complete and submit the following forms to OHA in accordance with the instructions in the forms: A. Monthly Enhanced Care Services Census Report; B. Enhanced Care Services Referral Outcome Form; C. ECS Data Base Part I; D. ECS Data Base Part II; and E. Enhanced Care Staffing Requirement Report Form. All individuals receiving MHS 31 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 31 Services must be maintained, as specified in OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, and as it may be revised from time to time. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 106 of 220 IV. Financial Assistance Calculation, Disbursement and Settlement Procedures OHA provides financial assistance for MHS 31 Services in two different ways, through Part A and part B ("Limitation") Awards. The Award is set in the Financial Assistance Award on MHS 31 lines in column one that contain an "A" for Part A or "B" for Part B Award. The provider of the service needs to be enrolled as a Medicaid Provider and follow the procedures for billing OHA for Medicaid mental health services outlined in the Medicaid provider manual. OHA calculates the rates and the Part B Limitation and the claims are processed through OHA's Medicaid Management Information System (MMIS). OHA's Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. Rates are available on the OHA website located at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh0109rates.pdf. OHA will provide notice to County in timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with the OHA Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0600 through 309-016-0755 and the OHA AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mentalhealth/publications/codebooks/manual.pdf. The Part A Award financial assistance will be calculated, disbursed and settled as follows: A. Calculation of Financial Assistance: The Part A Award for MHS 31 Services is intended to be general financial assistance to County for MHS 31 Services. Accordingly, OHA will not track delivery of MHS 31 Services on a per unit basis so long as County offers and delivers MHS 31 Services as part of its CMHP. Total OHA financial assistance for MHS 31 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 31 Services as specified on that line. B. Disbursement of financial assistance: OHA will disburse the Part A Award for MHS 31 Services identified 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, upon written request of County, adjust monthly allotments. 4. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes for MHS 31 Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of MHS 31 Services by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OI -IA 11-13 GT0217-1 I Approved 5/9/2011 107 of 220 Service Name: ADULT FOSTER CARE SERVICES Service ID Code: MHS 34 Service Description Adult Foster Care Services (MHS 34) are services delivered to individuals with chronic or severe mental illness who have been hospitalized or are at immediate risk of hospitalization, are in need of continuing services to avoid hospitalization, or who pose a danger to the health and safety of themselves or others, and who are unable to live by themselves without supervision. MHS 34 Services are delivered in a family home or facility with five or fewer individuals receiving MHS 34 Services. MHS 34 Services are delivered, in part, either by relatives, as defined in OAR 309- 040-0305(57), referred to herein as Relative Foster Care, or by non relatives, referred to herein as Non -Relative Foster Care. The purpose of MHS 34 Services is to maintain the individual at his or her maximum level of functioning or to improve the individual's skills to the extent that he or she may live more independently. MHS 34 Services include, but are not limited to, the following: A. Crisis stabilization services, such as accessing psychiatric, medical, or qualified professional intervention to protect the health and safety of the individual and others; B. Timely, appropriate access to crisis intervention to prevent or reduce acute, emotional distress, which might necessitate psychiatric hospitalization; C. Management of personal money and expenses; D. Supervision of daily living activities and life skills such as training with nutritional wellness, personal hygiene, clothing care and grooming, communication, social skills, health care, household management and using community resources; E. Provision of care including assuming the responsibility for the safety and well-being of the individual; F. Administration and supervision of prescribed and non -prescribed medication; G. Provision or arrangement of routine and emergency transportation; H. Management of aggressive or self-destructive behavior; I. Management of a diet, prescribed by a physician, requiring extra effort or expense in preparation of food; and J. Management of physical or health problems, including seizures or incontinence. 134309 Deschutes County_ OHA 11-13GT0217-I1 Approved 5/9/2011 108 of 220 II. Performance Standards Providers of Non -Relative Foster Care MHS 34 Services funded by the Oregon Health Authority (OHA) must comply with OAR 309-040-0300 through 309-040-0455, as such rules may be revised from time to time. Prior to commencement of both Relative and Non -Relative Foster Care MHS 34 Services funded by OHA for an individual, County or its designee must develop and submit to OHA for review and approval a personal care plan for the individual. After commencement of MHS 34 Services, the County must insure that the Provider of MHS 34 Services delivers the Services to the individual in accordance with the personal care plan. County must complete a new personal care plan annually for each individual receiving MHS 34 services funded by OHA and review the plan at least every 180 days or as needed and revise the plan as necessary. County must assist OHA in licensing and certifying homes providing Non -Relative Foster Care MHS 34 Services funded by OHA by performing the following tasks within timelines required in the above -referenced administrative rules: A. For new licenses and certifications, inspection of the homes, and completion and submission to OHA of the following forms, as prescribed by OHA: (a) Foster Home License or Certification Application; (b) Foster Home Inspection Form; (c) Criminal History Check; and (c) any other information necessary for licensing or certifying the residences; B. For renewal of existing licenses and certifications, inspection of the homes, and completion and submission to OHA of the Foster Home License/Certification Evaluation Forms; and C. Assistance to currently -licensed and potential new foster homes providing MHS 34 Services to meet statutory requirements for training and testing by: 1. Maintaining and distributing copies of OHA' "Basic Training Course and Self -Study Manual" and associated video tapes; 2. Making test site(s) available, administering tests provided by OHA, and mailing completed tests promptly to OHA for scoring. OHA will make the final determination on issuance and renewal of licenses and certifications, based on information submitted by the County and as required above. III. Special Reporting Requirements All individuals receiving Relative and Non -Relative Foster Care MHS 34 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 34 Services must be maintained, as specified in OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, and as it may be revised from time to time. 134309 Deschutes County_ OHA 11-13 GT0217-I 1 Approved 5/9/201 I 109 of 220 Enrollments in CPMS for Relative and Non -Relative Foster Care must include the applicable code for `Living Arrangement' of the client. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures OHA provides financial assistance for MHS 34 Services in two different ways. Certain funds (the "Part A Award") are calculated, disbursed and settled as set forth in Section IV (A) below. The Part A Award is set forth in the Financial Assistance Award on MHS 34 lines that contain an "A" in column one. Other funds (the "Residential Limitation") are not calculated, disbursed or settled under this Agreement. These funds are set forth in the Financial Assistance Award on MHS 34 lines that contain a "B" in column one and are paid as described in Section IV(B) below. A. The Part A Award will be calculated, disbursed and settled as follows: 1. Calculation of Financial Assistance. OHA will provide financial assistance for MHS 34 Services identified in a particular line of the Financial Assistance Award with an "A" in column one from funds identified on that line in an amount equal to the rate set forth in the special condition identified in that line of the Financial Assistance Award, multiplied by the number of units of MHS 34 Services delivered under that line of the Financial Assistance Award during the period specified in that line, subject to the following: i. Total OHA payment for MHS 34 Services delivered under a particular line in the Financial Assistance Award containing an "A" in column one shall not exceed the total funds awarded for MHS 34 Services as specified in that line of the Financial Assistance Award; ii. OHA is not obligated to provide financial assistance for any MHS 34 Services that are not properly reported in CPMS by the date sixty (60) days after the earlier of termination of this Agreement, termination ofOHA's obligation to provide financial assistance for MHS 34 Services, or termination of County's obligation to include the Program Area, in which MHS 34 Services fall, in its Community Mental Health Program (CMHP); and iii. OHA will reduce the financial assistance for MHS 34 Services delivered under a particular line of the Financial Assistance Award containing an "A" in column one by the amount received, by a Provider of MHS 34 Services as payment of a portion of the cost of the services from an individual receiving such services with funds awarded in that line of the Financial Assistance Award. 2. Disbursement of Financial Assistance. OHA will disburse the Part A funds awarded for MHS 34 Services identified in a particular line of the Financial Assistance Award with an "A" in column one, to County in substantially equal monthly allotments during the period specified in that line of the Financial Assistance Award. subject to the following: 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 110 of 220 i. OHA may after notice to County, reduce the monthly allotments based on under delivery of services identified through CPMS; ii. OHA may, upon written request of County adjust monthly allotments; and iii. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary to reflect changes in the funds awarded for MHS 34 Services on that line of the Financial Assistance Award. 3. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for MHS 34 Services under a particular line of the Financial Assistance Award containing an "A" in column one and amounts due for such services provided by County based on the rate set forth in the special condition identified in that line of the Financial Assistance Award. For purposes of this section, amounts due to County is determined by the actual amount of services delivered under that line of the Financial Assistance Award during the period specified in that line of the Financial Assistance Award, as properly reported in CPMS or through other method required or permitted by this Service Description or an applicable Specialized Service Requirement B. Part B Limitation. The provider of the service needs to be enrolled as a Medicaid Provider and follow the procedures for billing OHA for Medicaid mental health services outlined in the Medicaid provider manual. OHA calculates the rates and the claims are processed through OHA's Medicaid Management Information System (MMIS). OHA calculates the Part B limitation and OHA's Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. Rates are available on the OHA website at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh0109rates.pdf. OHA will provide notice to County in a timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with the OHA Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0600 through 309-016-0755 and the OHA AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mentalhealth/publications/codebooks/manual.pdf. C. County shall not authorize, in aggregate, financial assistance for MHS 34 Services funded by OHA during the period specified in the Financial Assistance Award, in excess of the Adult Foster Care Limitation. Total aggregate financial assistances means the total of all financial assistance authorized before reducing payments to account for client resources received by the Provider from a client, or another on behalf of the client, in support of client care and services provided. D. The monthly rate will be prorated for any month in which the individual is not served for a portion of the month. E. Financial Assistance will be reduced (offset) by the amount of client resources received by the Provider from the client in support of client care and services provided. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 111 of 220 F. The Adult Foster Care Limitation is included in this Agreement for budgetary purposes. If OHA anticipates that financial assistance for MHS 34 Services authorized by County will exceed the amount of the Adult Foster Care Limitation, OHA may unilaterally reduce the award of funds, as set forth in the Financial Assistance Award, for any other MHS Service or Services to the extent necessary to offset OHA's general fund cost of the payments authorized by County in excess of the Adult Foster Care Limitation. OHA and County shall execute an appropriate amendment to the Financial Assistance Award to reflect the reduction in the funds awarded for the other MHS Service or Services and the increase in the Adult Foster Care Limitation. G. OHA is not obligated to pay for any MHS 34 Services that are not properly reported through CPMS by the date 60 days after expiration or termination of this Agreement, whichever date is earlier. 134309 Deschutes Count, OHA 11-13 GT0217-11 Approved 5/9/2011 112 of 220 Service Name: OLDER/DISABLED ADULT MENTAL HEALTH SERVICES Service 1D Code: MHS 35 I. Service Description Older/Disabled Adult Mental Health Services (MHS 35) are: A. if Specialized Service Requirement 35A applies, specialized geriatric mental health services delivered to older/disabled adults with mental health illness, as such services are further described in the 35A Specialized Service Requirement; or B. If Specialized Service Requirement 35B applies, residential services delivered to individuals with severe and persistent mental health illness, as such services are further described in the 35B Specialized Service Requirement. II. Performance Requirements Funds awarded for MHS 35 Services on lines in the Financial Assistance Award specifying that Specialized Service Requirement 35A applies may only be expended on MHS 35 Services described in paragraph A below and funds awarded for MHS 35 Services on lines in the Financial Assistance Award specifying that Specialized Service Requirement 35B applies may only be expended on MHS 35 Services described in paragraph B below: A. If Specialized Service Requirement 35A applies, the funds awarded for MHS 35 Services may only be expended on community based care services for older/disabled adults with mental health illness who are determined eligible for residential services from DHS' Seniors and People with Disabilities (SPD) Division. Such services include, but are not limited to, medication management, quarterly interagency staffing and follow-up services after treatment in local or state inpatient psychiatric hospitals, or indirect services, including but not limited to, screening, referral, and consultation and training to agencies and caregivers who provide services that may affect older/disabled adults with mental health illness; or B. If Specialized Service Requirement 35B applies, the funds awarded for MHS 35 Services may only be expended on residential services for older/disabled adults with severe and persistent mental health illness who are determined not eligible for, yet require, residential services from DHS' SPD Division and who meet service need eligibility for Medicaid financed residential services under OAR 411-015-0000 through 411-015-0100 and are residing in a facility whose operator is licensed by the SPD Division and has contracted with the SPD Division to deliver residential services to specified individuals. If indirect services, as described in Section I1 (A) above, are delivered with MHS 35 funds provided under this Agreement, those services must be available to relevant agencies and caregivers in the geographic area served by the CMHP operated by or contracted for by County and must be coordinated with protective services provided by DHS'SPD Division and County's mental health crisis/commitment service. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 113 or 220 All MHS 35 Services delivered with funds provided under this Agreement that are subject to Specialized Service Requirement 35A must be delivered by a Qualified Mental Health Professional (as defined in OAR 309-016-0605(37)) (QMHP) and in compliance with OAR 309- 032-1500 through 309-032-1565, Standards for Adult Mental Health Services, as such rules may be revised from time to time. The QMHP delivering such services must have a background with the older/disabled adult population or be participating in relevant training programs to acquire such knowledge. III. Special Reporting Requirements County shall provide summary reports on its delivery of MHS 35 Services that are supported with funds provided under this Agreement that are subject to Specialized Service Requirement 35A. The reports must be submitted within 45 days of the end of each State fiscal year (ending June 30) and after the termination of this Agreement. 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 the Oregon Health Authority (OHA). All individuals receiving MHS 35B Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 35B Services must be maintained, as specified in OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: The funds awarded for MHS 35 Services are intended to be general financial assistance to County for MHS 35 Services. Accordingly, OHA will not track delivery of MHS 35 Services or service capacity on a per unit basis so long as County offers and delivers MHS 35 Services as part of its CMHP. Total OHA financial assistance for MHS 35 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 35 Services as specified on that line. B. Disbursement of financial assistance: OHA will disburse the Part A funds awarded for MHS 35 Services identified 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, upon written request of County, adjust monthly allotments; and 134309 Deschutes Count). OHA 11-13 GT021 7-11 Approved 5/9/2011 114 of 220 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 35 Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the offer and delivery of MHS 35 Services by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 115 or220 Service Name: PRE -ADMISSION SCREENING AND RESIDENT REVIEW SERVICES Service ID Code: MHS 36 I. Service Description Pre -admission Screening and Resident Review Services (MHS 36) are evaluation services delivered to individuals: (a) Referred for placement in Medicaid -certified long-term care nursing facilities if they are exhibiting symptoms of a serious mental health illness, or (b) Residing in Medicaid -certified long-term care nursing facilities experiencing a significant change in mental health status. Pre -admission Screening and Resident Review Services must determine if: a. Individuals have a serious mental health illness; and b. If those determined to have a serious mental health illness are appropriately placed in a nursing facility or need inpatient psychiatric hospitalization. II. Performance Requirements Providers of MHS 36 Services funded through Medicaid must comply with the Nursing Home Reform Act, under the Omnibus Budget Reconciliation Act OBRA 1987, as amended by OBRA 1990, including, but not limited to, 42 U.S.C. 1396r(e) 7, and OAR 309-048-0050 through 309- 048-0130, as such laws and rules may be revised from time to time. Providers must maintain a Certificate of Approval in accordance with OAR 309-012-0130 through OAR 309-012-0220, as such rules may be revised from time to time. County must insure that all individuals referred for MHS 36 Services by licensed nursing facilities in County (or in the region served by the CMHP operated by or contractually affiliated with County, whichever area is larger) receive MHS 36 review and evaluation services. All MHS 36 Services funded through Medicaid must be delivered by a Qualified Mental Health Professional (as defined in OAR 309-016-0605) or a Licensed Medical Practitioner (as defined in OAR 309-032-1505). III. Special Reporting Requirements Providers of MHS 36 Services funded through Medicaid must complete and deliver to the Oregon Health Authority's (OHA) Addictions and Mental Health Division (AMH), within 21 days after a review, form AMH 0438 and form AMH 0440, with respect to that review. All individuals receiving MHS 36 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 36 Services must be maintained, as specified in the OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mhpdf?ga=t , and as it may be revised from time to time. 134309 Deschutes County Approved 5/9/2011 116 of 220 OHA 11-13 GT0217-11 IV. Financial Assistance Calculation and Disbursement Procedures OHA provides financial assistance for MHS 36 Services in Part 13 ("Limitation") Awards. The Award is set in the Financial Assistance Award on MHS 36 lines in column one that contain "B" for Part 13 Award. The provider of the service needs to be enrolled as a Medicaid Provider and follow the procedures for billing OHA for Medicaid mental health services outlined in the Medicaid provider manual. OHA calculates the rates and the Part B limitation and the claims are processed through OHA' Medicaid Management Information System (MMIS). OHA' Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. Rates are available on the OHA website located at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh01 09rates.pdf. OHA will provide notice to County in timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with the OHA' Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309- 016-0600 through 309-016-0755 and OHA' AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mentalhealth/publications/codebooks/manual.pdf, and as it may be revised from time to time. All Medicaid reimbursable service billings shall be in accordance with the OHA Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0600 through 309-016-0755. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 117 of 220 Service Name: MHS SPECIAL PROJECTS Service ID Code: MHS 37 I. Service Description MHS Special Projects (MHS 37) are mental health services within the scope of ORS 430.630 delivered on a demonstration or emergency basis for a specified period of time. Each project is described in a separate exhibit to this MHS 37 Service Description. When the Financial Assistance Award contains a line awarding funds for MHS 37 Services, that line will contain a special condition specifying the exhibit to this MHS 37 Service Description that describes the project for which the funds are awarded. The specific MHS 37 Services to be provided under this Agreement are described in exhibits, if any, to this MHS 37 Service Description, which exhibits are incorporated herein by this reference. II. Performance Requirements Providers of MHS 37 Services funded through this Agreement with Medicaid dollars must comply with OAR 309-016-0000 through 309-016-0755. See exhibits, if any, to this MHS 37 Service Description. III. Special Reporting Requirements See exhibits. if any, to this MHS 37 Service Description. IV. Payment Procedures See exhibits, if any, to this MHS 37 Service Description. Even if the Financial Assistance Award awards funds for MHS 37 Services, the Oregon Health Authority (OHA) shall have no obligation to provide financial assistance for any MHS 37 Services under this Agreement (even if funds therefore are disbursed to County) unless a special project description is attached to this Service Description as an exhibit. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 118 of 220 Exhibit MHS 37 -Start -Up L Service Description The funds awarded for this special project must be used for start-up activities described in a Special Condition. For purposes of this special project description, start-up activities are activities necessary to begin, expand, or improve Mental Health Services. These expenses are distinct from routine operating expenses incurred in the course of providing ongoing services. Notwithstanding the description of the start-up activities in a Special Condition, funds awarded for this special project may not be used for real property improvements of $5,000 and above. When Oregon Health Authority (OHA) funds in the amount of $5,000 and above are to be used for purchase or renovation of real property, County must contact the Community Housing, Employment & Supports Unit of the Addictions and Mental Health Division and follow procedures as prescribed by that Unit. Start -Up funds are typically disbursed prior to initiation of services. Funds awarded are used to cover approved allowable Start -Up expenditures as described in Exhibit J that will be needed to provide the services planned and delivered at the specified site(s). IL Performance Requirements The funds awarded for this special project may be expended only in accordance with Exhibit J, Start -Up Procedures, which is incorporated herein by this reference. III. Special Reporting Requirements A. County must prepare and submit reports to the Oregon Health Authority (OHA) on the expenditure of the funds awarded for this special project and any special conditions which are specified in the Financial Assistance Award. The reports must be prepared in accordance with forms prescribed by OHA and procedures described in Exhibit J, Start -Up Procedures. B. When OHA Start -Up funds in the amount of $1,000 and above are to be used for purchase of a vehicle, as security for the County's performance of its obligations under this Agreement, the County grants to OHA a security interest in, all of the County's right, title, and interest in and to the goods, i.e. the vehicle. The County agrees that from time to time, at its expense, the County will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that OHA may reasonably request, in order to perfect and protect the security interest granted under this Agreement or to enable OHA to exercise and enforce its rights and remedies under this Agreement with respect to the vehicle. County must forward a copy of the title registration application showing OHA' Addictions and Mental Health Division (AMH) as the Security Interest Holder to OHA within five (5) days of the acquisition from the seller. File Security Interest Holder information with DMV as follows: 134309 Deschutes County_ OFIA 11-13 GT0217-I1 Approved 5/9/2011 119 of 220 Oregon Health Authority Addictions and Mental Health Division Attention: Contracts Administrator 500 Summer Street NE, E86 Salem, Oregon 97301 Vehicles costing $1,000 or more must be used to provide the service for which OHA approved the Start -Up funds awarded. Dedicated use must continue for the useful life of the vehicle or five (5) years, whichever is less. The following steps describe the process for removal of liens: a. To release a vehicle title on which OHA is listed security interest holder County or any subcontractor(s) must make a request in writing to OHA. The request must specify why the vehicle is being disposed of and the intended use of any funds realized from the transaction. b. If approved, the original title is signed off by OHA and forwarded to the County. C. The following circumstances require special written authorization from OHA prior to acquisition when using Start -Up funds awarded. These circumstances should be communicated to OHA within fourteen (14) days of the anticipated acquisition date. a. When Leasing: i. Acquisition of real property, vehicles, or capital items pursuant to a Lease; ii. Acquisition of real property, vehicles, or capital items where another party, in addition to OHA, will also become a secured party (lienholder) at the time of acquisition; iii. Renovations or alterations of real property where County is not the owner of the property and OHA has no security interest in the property. b. Other: i. A change in the intended use of Start -Up funds awarded or a change in the amount or date of anticipated acquisition indicated on County's request for payment of Start -Up funds, for those acquisitions requiring OHA's interest to be secured. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: OHA will provide financial assistance, from funds awarded for this special project in a particular line of the Financial Assistance Award, in an amount equal to the actual allowable expenditures (as described in Exhibit J, Start -Up) incurred by a Provider in implementing the special project described herein, subject to the requirements of Exhibit J, Start -Up and subject to the following additional restrictions: 1. Total OHA financial assistance for implementation of the special project described herein under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for the special project described herein as specified in that line of the Financial Assistance Award; and 134309 Deschutes County DHA 11-13 GT0217-I I Approved 5/9/2011 120 of 220 2. OHA is not obligated to reimburse any special project expenditures that are not properly reported to OHA using forms prescribed by OHA and procedures contained in Exhibit J within sixty (60) days after the earlier of: i. Termination of this Agreement, ii. Termination of OHA's obligation to provide financial assistance for MHS 37 Services; or iii. Termination of County's obligation to include the Program Area, in which MHS 37 Services fall, in its Community Mental Health Program (CMHP). 3. Funds will be awarded for actual allowable expenses up to the limit approved in the Start -Up & Expenditure Inventory Form. 4. After execution of the Agreement or any amendment(s) for Start -Up payments, County may request an advance of funds it anticipates using in the subsequent one hundred twenty (120) days. B. Disbursement of Financial Assistance: OHA will disburse the funds awarded for this special project in a particular line of the Financial Assistance Award after OHA's receipt, review and approval of County's properly completed "Start -Up Request & Expenditure Form", as described in and in accordance with Exhibit J, Start -Up. County shall keep a copy of all requests for payment using the Start -Up Request & Expenditure Form. County shall keep a copy of all Expenditure Reports for Start -Up services using the Start -Up Request & Expenditure Form. County is responsible for requiring its subcontractors to comply with expenditure reporting requirements and furnishing evidence of filing OHA's security interest on applicable items. OHA may inspect these reports, which must include the following by service element: a. The amount advanced; b. The amount expended on each allowable category, and the amount expended on each item listed for items needing special written approval authorization; c. Copies of all subcontractor contracts awarding Start -Up payments. Such contracts must require subcontractors to execute dedicated use contracts and other security documentation as required in this Exhibit. Each County shall maintain supporting documentation for all expenditures (i.e., receipts). C. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for this special project under a particular line of the Financial Assistance Award and amounts due for implementation of the special project based on actual allowable expenditures incurred in implementing the special project under that line of the Financial Assistance Award during the period specified on that line, as such expenses are properly reported using forms prescribed by OHA and procedures outlined in Exhibit J, Start -Up Procedures. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 121 or220 County shall submit all Start -Up Request & Expenditure Reports at the level of detail prescribed by OHA. Any reports not submitted by thirty (30) calendar days after the expiration date of the contract shall not be accepted or owed by OHA. In the event County fails to submit an expenditure report when due for itself or its subcontractor(s), fails to submit security interests, vehicle titles, or other instrument as required by OHA to secure the State's interest, or reports unauthorized expenditures, or reports under expenditures without accompanying repayment, OHA may act, at its option, to recover Start -Up payments as follows: a. Bill the County for subject payment; b. Following thirty (30) days' non -response to the billing, initiate a payment reduction schedule against any current payments or advances being made to County; or c. Take other action needed to obtain payment. 134309 Deschutes County OHA 11-13 GT0217-1 1 Approved 5/9/2011 122 of 220 EXHIBIT MHS 37 -Supported Education to MHS 37 Service Description MHS Special Projects Service Description This special project, known as Supported Education is to help people with serious mental health illness meet their education and recovery goals to become gainfully employed through participation in an education program (i.e. Adult High School Diploma, GED program, or postsecondary education). II. Performance Requirements County shall use the funds awarded under this Agreement for this special project to provide Supported Education to adults with serious mental health illness by adhering to the fidelity model. County must provide such services as follows: A. Supported Education services to a minimum of twenty (20) consumers with serious mental health illness per quarter; B. Place a minimum of 30% of the individuals identified in Paragraph A above in an educational setting; and C. Each Supported Education participant will complete a recovery measure questionnaire upon: 1. Service entry; 2. Every three months while receiving Supported Education services; and 3. At service discharge. The recovery measure questionnaire will be determined by the Oregon Health Authority (OHA). Completed questionnaires are to be mailed to OHA quarterly, no later than the 30th of October, January, April, and July during the period for which funds are awarded under this Agreement. III. Special Reporting Requirements County must provide a quarterly summary report on delivery of MHS 37 Supported Education Services funded in whole or in part with funds provided under this Agreement to OHA' Addictions and Mental Health Division (AMH) no later than the 30th of October, January, April, and July during the period for which funds are awarded for MHS 37 Services under this Agreement. 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. 134309 Deschutes County OHA 11-13 GT0217-1I Approved 5/9/2011 123 of 220 IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: Funds awarded for this special project are intended to be general financial assistance to County for the special project. Accordingly, OHA will not track delivery of special project services or services capacity on a per unit basis except as necessary to verify that the performance requirements set forth above have been met. Total OHA financial assistance for this special project shall not exceed the total funds awarded for this special project as specified in the Financial Assistance Award. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for this special project on a particular line of the Financial Assistance Award to County in substantially equal monthly allotments during the period specified in the Financial Assistance Award, subject to the following: 1. OHA may, upon written request of County, adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for this special project on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for Supported Education services, as described herein, under a particular line of the Financial Assistance Award and satisfaction of the minimum performance requirements, based on data properly reported in CPMS or through reports required or permitted by this MHS 37 Supported Education Service Description.. County acknowledges that County's performance of the Services is essential to OHA's ability to conduct its duties. County and OHA agree that if County should fail to meet minimum performance requirements, OHA's losses would be difficult to determine. Nonetheless, the parties estimate in good faith that the amount of such loss would be 5% of the total Supported Education funding awarded to County for funding of this Agreement. Therefore, the parties agree that if County should fail to timely complete performance of the Services, County shall owe OHA 5% of the total Supported Education funding awarded to County for funding of this Agreement in liquidated damages. 134309 Deschutes County_ OHA 11-13 GT021 7-11 Approved 5/9/2011 124 of 220 Exhibit MHS 37 - Mental Health Rental Assistance Services - Housing MHS Special Projects I. Service Description Rental Assistance Services (RAS) are intended to assist clients in paying for rental housing who are 18 years of age or older with serious mental health illness, as defined in OAR 309-036- 0105(11), other mental or emotional disorders who have been hospitalized at the Oregon State Hospital (OSH) or Blue Mountain Recovery Center (BMRC), or are moving from a structured residential setting, such as a Residential Treatment Facility, a Secure Residential Treatment Facility, or a Residential Treatment Home. RAS will allow clients to live as independently as possible in the community and to access the appropriate support services. Rental Assistance Services include: Rental assistance in the form of cash payments made on behalf of individuals to cover a portion of the monthly rent and utilities which may include payment of associated move -in costs, such as cleaning and security deposits. RAS payments per client shall not exceed the average of the one bedroom Housing Assistance Payment paid by the Housing Authority serving the County. County shall insure rental housing units are inspected annually to insure unit is in a clean and sanitary condition, and that all major appliances are in good working order. Targeted outcomes include: A. Decrease the OSH readmission rate; B. Decrease Length Of Stay (LOS) in structured residential housing; and C. Increase number of civilly committed clients transitioning to independent living. Priority Populations to be served, in order of priority: A. Civil Commitment; B. Clients moving out of structured residential setting; C. Clients discharged from OSH or BMRC; D. Clients with history of OSH or BMRC visits; and E. Clients who without supportive housing would otherwise enter OSH or BMRC. Local Administration — Mental Health Services: Local Administration — Mental Health Services can be used to provide program oversight for the Rental Assistance Services (RAS) program. Local Administration — Mental Health Services eligible activities may include, but is not limited to: 1. RAS program staff expenses as described in the 'Letter of Interest for Rental Assistance Services Program. This letter is available from the Oregon Health Authority (OHA); and 134309 Deschutes County Approved 5/9/2011 125 of 220 OHA 11-13 GT0217-I I 2. RAS data collection and documentation of service delivery in compliance with state and federal requirements. II. Performance Requirements All clients receiving Rental Assistance payments funded through this Agreement must have an Individual Support and Services Plan (ISSP) and be enrolled in Out -Patient services. Utilization requirements for Mental Health Rental Assistance Services providers will be identified in a special condition in a particular line in the Financial Assistance Award. III. Special Reporting Requirements For each calendar quarter (or portion thereof) during the period for which financial assistance is awarded under this Agreement for Rental Assistance Services, the County shall submit written quarterly progress reports on the delivery of Rental Assistance Services no later than thirty (30) calendar days after the end of the subject quarter. Reports should be substantially in the format described in Attachment #1 Rental Assistance Services -Housing attached hereto, and incorporated herein by this reference, and submitted to: Oregon Health Authority Addictions and Mental Health Division Attention: Contracts Administrator 500 Summer Street N.E. E86 Salem, OR 97301-1 1 18 Reports must be prepared using forms and procedures prescribed by OHA. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance. OHA will provide financial assistance to County for Rental Assistance Services identified in a particular line of the Financial Assistance Award in an amount equal to the amount of cash assistance actually paid by County on behalf of the clients for rent assistance, as described above, under that line of the Financial Assistance Award during the period specified in that line, subject to the following: 1. Total OHA financial assistance for all Rental Assistance Services delivered under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for Rental Assistance Services as specified in that line of Financial Assistance Award; 2. OHA is not obligated to provide Financial Assistance for any Rental Assistance Services that are not properly reported to OHA in the quarterly reports described above; and 134309 Deschutes County OHA II-13GT0217-11 Approved 5/9/2011 126 of 220 3. OHA will not provide Financial Assistance, under this Agreement, for more than 24 months of Rental Assistance Services Payments for any particular individual unless approved in advance and in writing by OHA. B. Disbursement of Financial Assistance. Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for Rental Assistance 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 utilized allotments identified through the required quarterly reports; 2. OHA may, upon written request of County, adjust monthly allotments; and 3. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for Rental Assistance Services on that line of the Financial Assistance Award. C. Agreement Settlement. Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for Rental Assistance Services under a particular line of the Financial Assistance Award and amounts due for such services provided by County based on the cash assistance paid on behalf of the individuals for rent assistance under that line of the Financial Assistance Award during the period specified in that line, as properly reported in the quarterly reports described above. If the County meets performance standards identified in I1. Performance Requirements and has remaining funds unspent, OHA will allow the carryover of those funds to the following biennium. Carried over funds must be used for Rental Assistance Services. 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 127 of 220 Attachment #1 ADDICTIONS AND MENTAL HEALTH DIVISION 500 Summer Street NE E-86 Salem OR 97301-1118 Effective Date: Quarterly Report (Rental Assistance Services (RAS)) General Instructions Purpose. The quarterly report tracks data pertaining to rental assistance services (RAS) received by clients participating in the RAS Pilot Program. This report will provide descriptive and quantitative information for the purposes of program evaluation and planning. Applicability. County shall complete this report for each quarter in which RAS funding is utilized. Organization of the Report. The quarterly report is organized in the following manner: Part 1: Summary. This section of the report provides an overview of the activities carried out, challenges encountered and actions taken. Part 2. Data Summary. This worksheet provides information on the characteristics of the clients assisted by this program. The worksheet needed to complete this report is included. Part 3. Utilization Summary. This section of the report provides information on rental assistance utilization. Part 4. Financial Information. This section of the report is to be completed by all Counties receiving RAS funding. Final Assembly of Report. After the entire report is assembled, please number every page sequentially. Mark any questions that do not apply to your project with "N/A" for not applicable. Filing Requirements. The information in this package shall be submitted to OHA' Addictions and Mental Health Division thirty (30) calendar days after the end of each subject quarter. Reporting period: 134309 Deschutes County OHA 11-13 GT0217-11 January to March April to June July to September October to December Due date: April 30 Due date: July 30 Due date: October 30 Due date: January 30 Approved 5/9/2011 128 of 220 Rental Assistance Services Quarterly Report County Contract# Contracted Provider (if applicable) Reporting Period (month/year) from: to: 1 hereby certify that all the information stated in this report is true and accurate. Name & address of person completing report Phone: (include area code) Fax #: (include area code) E-mail: Signature of County Official Date Name & Title of County Official E-mail address: Part 1 Summary. Describe on a page(s) attached to this report. Question #1 - Program Overview. Please briefly describe the activities carried out during this quarter. List your specific objectives and briefly describe your success in meeting those objectives. Question #2 — Challenges & Actions Please briefly describe any challenges or difficulties that were encountered and what actions were taken to address those issues. Part 3. Utilization Summary. 1. Projected Level of Clients to be Served. In the table below, enter the number of clients to be served in the current quarter. Projected Level Clients to receive rental assistance in the current quarter. 134309 Deschutes County 01 -IA 11-13 Gr0217-11 Approved 5/9/2011 129 or220 2. Clients Assisted with Rental Assistance. In the tables below, enter the number of clients who received rental assistance services during this quarter. Rental Assistance Services Number of Clients Served # at end of qtr. ENROLLEES EXITED a. Number carrying over from previous quarter, June 30 b. Number who enrolled/exited July 1 to September 30 B c. Number who enrolled/exited October 1 to December 31 C d. Number who enrolled/exited January 1 to March 31 D e. Number who enrolled/exited April 1 to June 30 E f. Total number who accessed rental assistance for the year (A+B+C+D+E=F) g. Number unduplicated from response f (e.g. eliminate additional enrollments for clients who enroll more than once) Support Services Number of Clients Served # at end of qtr. ENROLLEES EXITED a. Number carrying over from previous quarter, June 30 b. Number who enrolled/exited July 1 to September 30 B c. Number who enrolled/exited October 1 to December 31 C d. Number who enrolled/exited January 1 to March 3I D e. Number who enrolled/exited April 1 to June 30 E f. Total number who accessed support services for the year (A+B+C+D+E=F) g. Number unduplicated from response f (e.g. eliminate additional enrollments for clients who enroll more than once) 134309 Deschutes Count) ORA II -13G10217 -II Approved 5/9/201 1 130 or 220 3. Rental Assistance Utilization. # of Rent Months Average Rental Assistance Average Months of Assistance # of Unduplicated Clients Biennial Capacity a. Rental assistance provided on July 1 to September 30 b. Rental assistance provided on October 1 to December 31 c. Rental assistance provided on January 1 to March 31 d. Rental assistance provided April 1 to June 30 e. Total # of rental assistance provided for the year (A+B+C+D=E) Part 4. Financial Information. This exhibit provides information about available funds and expenditures. Expenditures are amounts spent for eligible activities. Do not include other sources or in-kind items, such as the value of services or materials provided by volunteers. 1. RAS Expenditures (totals by eligible activity) for quarter ending a. Expenditures for rental assistance $ b. Expenditures for Local Administration oversight $ c. Total Expenditures for this quarter $ Comments/Explanation: 2. Summary of Rental Assistance Services Expenditures 134309 Deschutes County_ O[IA 11-13 GT0217-1 I Approved 5/9/2011 131of220 Remaining Balance a. Total Funds Available for Biennium ( to ) $ b. Total Funds Spent as of Last Quarter (period ending ) $ c. Balance (a -b) d. Total Funds Spent Current Quarter (period ending ) $ e. Balance (c -d) $ 134309 Deschutes County_ O[IA 11-13 GT0217-1 I Approved 5/9/2011 131of220 \ VJ C fid-. O ^ E o C N Q O 5. W 4- O \-' I) i0 O O 0 c cCr cC cn 4. CO c a) --. _ c 'rz,c In O Oa,. 18. Reason for Discont. of Services. c — O < u a) c w 16. If yes, specify 15. Special Support Services. (Y/N) i. U i Q)0 - I to 13. Prior Living Situation 12. Amount of Income/ Benefits a% 0 • /U Approved 5/9/201 1 25. Comments 24. Rental Assistance 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 64 54 64 64 64 64 69 69 64 64 64 64 64 64 64 64 64 64 23. Special Needs 22. Outcomes Achieved N • Q O U Approved 5/9/2011 cC cn cnN EXHIBIT MHS 37 -Peer Delivered Services (PDS) to MHS 37 Service Description MHS Special Projects Service Description This special project is known as the Peer Delivered Services (PDS) project. "Peer Delivered Services" means an array of agency or community-based services and supports provided by peers and peer support specialists to individuals or family members with similar lived experience, that are designed to support the needs of individuals and families as applicable. This support may be financially compensated or voluntary. The PDS project will assist the establishment or expansion of PDS in a specified geographic area for the period of the Agreement. II. Performance Requirements County shall use the funds awarded under this Agreement for this special project to implement PDS in a manner that benefits individuals with a severe and persistent mental illness. III. Special Reporting Requirements Within 30 days after the end of each subject quarter, the County shall submit to the Oregon Health Authority's (OHA) Addictions and Mental Health Division (AMH), a quarterly report that includes: 1. Amount of funds spent as of the end of the reporting period; 2. Description of PDS implementation progress, technical assistance needs, and any relevant implementation challenges; 3. Number of persons with severe and persistent mental illness who were trained or received PDS services during the quarter; and 4. Outcome measures to include: a. Shortened hospital stays; b. Improved ability to cope with mental illness c. Reduced crisis events d. Increased access to community support resources e. Improved quality of life f. Increased level of empowerment Reports shall be submitted 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. 134309 Deschutes County OHA 1 I-13 GT0217-11 Approved 5/9/2011 140 or 220 IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: Funds awarded for this special project are intended to be general financial assistance to County for this special project. Accordingly, OHA will not track delivery of special project services or service capacity on a per unit basis except as necessary to verify that the performance requirements set forth above have been met. Total OHA financial assistance for this special project shall not exceed the total funds awarded for this special project as specified in the Financial Assistance Award. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the funds awarded for this special project on a particular line of the Financial Assistance Award to County in substantially equal monthly allotments during the period specified in the Financial Assistance Award, subject to the following: 1. OHA may, upon written request of County adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments to reflect changes in the funds awarded for this special project on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm implementation of the special project described herein and satisfaction of the minimum performance requirements, based on data properly reported through reports required or permitted by this special project description or the MHS 37 Service Description. 134309 Deschutes County OHA Il -130T0217-]1 Approved 5/9/2011 141 of 220 Service Name: EVIDENCE -BASED SUPPORTED EMPLOYMENT SERVICES Service ID Code: MHS 38 I. Service Description Evidence -Based Supported Employment Services (MHS 38) are services delivered to individuals with serious mental health illness to enable them to obtain and maintain employment. Evidence -Based Supported Employment Services include: A. Supervision and job training; B. On-the-job visitation; C. Consultation with the employer; D. Job coaching; E. Counseling; F. Skills training; and G. Transportation Evidence -Based Supported Employment Services are provided in the context of paid competitive employment. Only individuals with serious mental health illness who satisfy the following requirements are eligible for Evidence -Based Supported Employment Services funded through this Agreement: A. The individual is receiving MHS 20 Services, whether or not funded through this Agreement; and B. The individual needs Evidence -Based Supported Employment Services to maintain competitive employment. II. Performance Requirements A. Providers of MHS 38 Services funded through this Agreement shall maintain a Certificate of Approval in accordance with OAR 309-012-0130 through 309-012- 0220, as such rules may be revised from time to time. B. Providers of Evidence -Based Supported Employment Services funded through this Agreement shall: 1. Provide the Dartmouth College model of Individual Placement and Support (IPS) Supported Employment. 2. Maintain "Good Fidelity", based on the Dartmouth College IPS Supported Employment Fidelity Scale, as demonstrated by annual fidelity reviews conducted by an independent contractor, satisfactory to OHA. 134309 Deschutes County OFIA 11-13 GT0217-1 I Approved 5/9/2011 142 of 220 3. Upon reaching "Exemplary Fidelity", based on the Dartmouth College IPS Supported Employment Fidelity Scale, cause fidelity reviews to be completed by an independent contractor, satisfactory to OHA, every 18 months. C. Utilization requirements for Evidence -Based Supported Employment providers will be identified in a special condition subject to funds awarded in a particular line in the Financial Assistance Award. D. Each Evidence -Based Supported Employment participant will complete a recovery measure questionnaire upon: 1. Service entry; 2. Every three months while receiving Supported Employment Services; and 3. Service discharge. The recovery measure questionnaire will be determined by the Oregon Health Authority (OHA). Completed questionnaires shall be sent to OHA quarterly, no later than the 30th of October, January, April, and July during the period for which funds are awarded under this Agreement. E. All individuals receiving MHS 38 Services under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 38 Services must be maintained, as specified in OHA' CPMS manual located at http://www.oregon.gov/OHA/mentalhealth/publications//pmsmanual mh.pdf?ga =t, and as it may be revised from time to time. III. Special Reporting Requirements County must provide a quarterly summary report, on delivery of MHS 38 Services funded in whole or in part with funds provided under this Agreement, to OHA in writing no later than the 15th of October, January, April, and July during the period for which funds are awarded for MHS 38 Services under this Agreement. 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. 134309 Deschutes County OFIA 11-13 GT0217-11 Approved 5/9/2011 143 of 220 IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: The funds awarded for MHS 38 Services are intended to be general financial assistance to County for MHS 38 Services. Accordingly, OHA will not track delivery of MHS 38 Services or services capacity on a per unit basis except as necessary to verify that the performance requirements set forth have been met. Total OHA financial assistance for MHS 38 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 38 Services as specified on that line. B. Disbursement of Financial Assistance: OHA will disburse the funds awarded for MHS 38 Services identified 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, upon written request of County, adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 38 Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for Evidence -Based Supported Employment Services, as described herein, under a particular line of the Financial Assistance Award and satisfaction of the minimum performance requirements, based on data properly reported in CPMS and/or through reports required or permitted by this MHS 38 Service Description. For purposes of this section, if County does not meet minimum performance requirements OHA may take back 5% of the total Supported Employment Services funding awarded to County for the funding period of this Agreement. 134309 Deschutes County O1IA 11-13 GT0217-1 I Approved 5/9/2011 144 of 220 Service Name: PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS (PATH) SERVICES Service ID Code: MHS 39 I. Service Description The PATH program is designed to support the delivery of eligible services to persons who are: A. Homeless or at imminent risk of homelessness; B. Have serious mental health illnesses; and C. May have co-occurring substance use disorders. Eligible services are as follows: 1. Outreach services; 2. Screening and diagnostic treatment services; 3. Habilitation and rehabilitation services; 4. Community mental health services; 5. Alcohol and drug treatment services; 6. Staff training, including the training of individuals who work in shelters, mental health clinics, substance abuse programs, and other sites where individuals who are homeless require services; 7. Case management services; 8. Supportive and supervisory services in residential settings; 9. Referrals for primary health services, job training, educational services, and relevant housing services; and 10. Housing services as specified in Section 522 (b) (10) of the Public Health Service Act (PHSA), 42 USC 290cc-22(b)(10) , including: i. Minor renovation, expansion, and repair of housing. ii. Planning of housing. iii. Technical assistance in applying for housing assistance. iv. Improving the coordination of housing services. v. Security deposits. vi. Costs associated with matching eligible individuals who are homeless with appropriate housing situations. vii. One-time rental payments to prevent eviction. OHA places particular emphasis on outreach, screening and diagnostic services. OHA also emphasizes that case management, community mental health services, and alcohol and drug treatment services funded by PATH are meant to be transitions services. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 145 of 220 II. Performance Requirements Providers of MHS 39 Services funded through this Agreement must comply with OAR 309-032-0175 through 309-032-0210, as such rules may be revised from time to time, and must maintain a Certificate of Approval in accordance with OAR 309-012-0130 through 309-012-0220, as such rules may be revised from time to time. Services provided must be eligible services as stated in the Public Health Services Act, Section 522 (b). Providers of MHS 39 Services funded through this Agreement shall: A. Assist the Oregon Health Authority (OHA), upon request, in the development of an annual application requesting continued funding for MHS 39 Services, including the development of a Budget and an Intended Use Plan for Projects for Assistance in Transition from Homelessness (PATH) funds consistent with federal requirements in Section 526, Part C, Public Health Service Act; and B. Provider minimum requirements: 1. At least 85% of individuals serviced must be PATH -eligible and not currently enrolled in community mental health services. 2. Of the total individuals who are PATH -enrolled, 75% must be transitioned into permanent housing. 3. Of the total individuals who are PATH -enrolled, 100% must be engaged in community mental health services. 4. Active participation in the local Continuum of Care. 5. Attendance at semi-annual PATH provider meetings. 6. Attendance at PATH Technical Assistance trainings as requested by OHA. 7. Development of an annual PATH Intended Use Plan including a line item budget and budget narrative. 8. Participation in annual PATH program site reviews conducted by OHA. 9. Participation in Federal site reviews as needed or requested by OHA. III. Special Reporting Requirements Providers of MHS 39 Services funded through this Agreement must submit: A. Annual on-line report on the activities conducted and services provided during the year with the funds awarded under this Agreement for MHS 39 services. The report must comply with federal requirements for PATH program, as authorized through the Public Health Service Act, Part C, Section 521, as amended, 42 U.S.C. 290cc-21 et seq.; Stewart B. McKinney Homeless Assistance Amendments Act of 1990, Public Law 101-645, Providers must supply actual utilization numbers for the Federal Voluntary Outcomes Measures within the annual on-line report. 134309 Deschutes County Approved 5/9/2011 146 of 220 OHA II-13GT0217-II B. Quarterly written report documenting PATH eligible expenditures and actual utilization and demographic data due no later than forty-five (45) days following the end of the reporting period. Reports shall be submitted 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. All individuals receiving MHS 39 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 39 Services must be maintained, as specified in OHA' CPMS manual found at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga=t, and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: The funds awarded for MHS 39 Services are intended to be general financial assistance for MHS 39 Services. Accordingly, OHA will not track delivery of MHS 39 Services on a per unit basis except as necessary to verify that the performance requirements set forth in the special condition identified in a particular line of the Financial Assistance Award from funds identified on that line in an amount equal to the rate set forth in the special condition identified in that line of the Financial Assistance Award. Total OHA financial assistance for MHS 39 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 39 Services as specified on that line. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line of the Financial Assistance Award, OHA will disburse the financial assistance awarded for MHS 39 Services identified 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, upon written consent of County, adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 39 Services on that line of the Financial Assistance Award. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 147 of 220 C. Agreement Settlement: Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for PATH services, as described herein, under a particular line of the Financial Assistance Award and satisfaction of the minimum performance requirements, based on data properly reported in CPMS and/or through reports required or permitted by this MHS 39 Service Description. For purposes of this section, if County does not meet minimum performance requirements OHA may take back 5% of the total PATH funding awarded to County for the funding period of this Agreement. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 148 of 220 Service Name: NON-RESIDENTIAL MENTAL HEALTH SERVICES FOR ADULTS (DESIGNATED) Service ID Code: MHS 201 I. Service Description Non -Residential Mental Health Services For Adults (Designated) (MHS 201) are mental health services delivered to individuals specified in the Financial Assistance Award who have a serious mental illness, or other mental or emotional disturbance posing a danger to the health and safety of themselves or others. Non -Residential Mental Health Services For Adults (Designated) include: A. Case management services; B. Vocational and social services; C. Rehabilitation; D. Support to obtain and maintain housing; E. Medication and medication monitoring; F. Emotional support; G. Individual, family and group counseling and therapy; H. Sex offender treatment; and I. Interpreter services. II. Performance Requirements Providers of MHS 201 Services shall provide coordination of care services for county of responsibility residents in residential treatment programs, which include extended care managed services, regardless of the location. The coordination of care shall include participation in the residential provider's treatment planning process and in planning for the individual's transition to outpatient services. Services funded through this Agreement for any resident will be time limited and subject to review and revision by OHA. Providers of MHS 201 Services funded through this Agreement must: A. Comply with OAR 309-032-1500 through 309-032-1565, as such rules may be revised from time to time; B. Maintain a Certificate of Approval, for the delivery of clinical services, in accordance with OAR 309-012-0130 through OAR 309-012-0220, as such rules may be revised from time to time; and C. Investigate and report allegations of abuse regarding served individuals and provide protective services to those individuals to prevent further abuse. The investigation, reporting and protective services must be completed in compliance with ORS 430.731 through 430.768 and OAR 407-045-0000 through 407-045- 0980, as such statutes and rules may be revised from time to time. 134309 Deschutes County Approved 5/912011 149 of 220 OHA 11-13 GT0217-I 1 III. Special Reporting Requirements A. County shall provide the Oregon Health Authority (OHA) with a summary report of MHS 201 Services delivered with funds provided under this Agreement within 45 days after the end of the 12 -month period ending June 30, during the term of this Agreement, and after the termination of this Agreement. 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. Submit information and data on abuse reports, investigations and protective services involving individuals to whom the Provider provides MHS 201 Services, as such information and data is reasonably requested by OHA in order to fully understand allegations and reports of abuse, the resulting investigations and protective services and any corrective actions. C. All individuals receiving MHS 201 Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 201 Services must be maintained, as specified in OHA' CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga =t, and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures OHA provides financial assistance for MHS 201 Services in two different ways, through Part A and Part B ("Limitation") Awards. The Award is set in the Financial Assistance Award on MHS 201 lines in column one that contain an "A" for Part A or "B" for Part B Award. Part B Limitation - The provider of the service needs to be enrolled as a Medicaid Provider and follow the procedures for billing OHA for Medicaid mental health services outlined in the Medicaid provider manual. OHA calculates the rates and the claims are processed through OHA's Medicaid Management Information System (MMIS). OHA calculates the Part B limitation and OHA's Division of Medical Assistance Programs (DMAP) disburses the payment directly to service providers on a fee-for-service basis. Rates are available on the OHA website located at http://egov.oregon.gov/OHA/mentalhealth/publications/codebooks/mh0109 rates. pdf. OHA will provide notice to Contractor in timely manner if there is a change in rates. All Medicaid reimbursable service billings shall be in accordance with the OHA Mental Health and Developmental Disability Services Medicaid Payment for Rehabilitative Mental Health Services Rule as listed in OAR 309-016-0000 through 309-016-0450 and 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/201 1 150 of 220 the OHA AMH Mental Health and Chemical Dependency Medicaid Provider Manual available on the OHA website located at http://www.oregon.gov/OHA/mentalhealth/publications/codebooks/manual.pdf. The Part A Award financial assistance will be calculated, disbursed and settled as follows: A. Calculation of Financial Assistance: OHA will pay for MHS 201 Services identified in a particular line of the Financial Assistance Award with an "A" in Column one, multiplied by the number of units of MHS 201 Services delivered under that line of the Financial Assistance Award during the period specified in that line, subject to the following: 1. Total OHA financial assistance for MHS 201 Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 201 Services as specified on that line. 2. OHA is not obligated to provide financial assistance for any MHS 201 Services delivered to individuals who are not properly reported in CPMS (or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement) by the date sixty (60) days after the earlier of termination of this Agreement, termination of OHA's obligation to provide financial assistance for MHS 201 Services, or termination of County's obligation to include the Program Area, in which MHS 201 Services fall, in its CMHP. 3. OHA will reduce the financial assistance for MHS 201 Services delivered under a particular line of the Financial Assistance Award containing and "A" in Column one by the amount received by a Provider of MHS 201 Services, as payment of a portion of the cost of the services from an individual receiving such services. B. Disbursement of Financial Assistance: Unless a different disbursement method is specified in that line ofthe Financial Assistance Award, OHA will disburse the Part A Award for MHS 201 Services identified 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, upon written request of County, adjust monthly allotments; 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 201 Services on that line ofthe Financial Assistance Award. 3. OHA may after 30 days (unless parties agreed otherwise) written notice to County, reduce the monthly allotments based on under used allotments identified through CPMS or through other method permitted or required by this Service Description or an applicable Specialized Service Requirement; 134309 Deschutes County Approved 5/9/2011 151 o1220 OHA 11 -13G10217 -I1 C. Agreement Settlement: Agreement Settlement will be used to confirm the delivery of MHS 201 Services to the individuals specified in the Financial Assistance Award by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Service Description or an applicable Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/201 1 152 or 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT B-2 SPECIALIZED SERVICE REQUIREMENTS Not all Services described in Exhibit B-2 may be covered in whole or in part with financial assistance pursuant to Exhibit C of this Agreement. Only Services whose costs are covered in whole or in part with financial assistance pursuant to Exhibit C, as amended from time to time, are subject to this Agreement. 134309 Deschutes Count' OHA 11-13 GT0217.11 Approved 5/9/2011 153 of 220 Service Name(s): Adult Alcohol and Drug Residential Treatment Services Service ID Code: A&D 61 Specialized Service: Intensive Treatment and Recovery Services Exhibit B-2 Code: 61A I. Service Description (exceeding Exhibit B-1, A&D 61) Funds awarded for A&D 61 Services that are identified in the Financial Assistance Award as subject to this Specialized Service Requirement may only be expended on A&D 61 Services that are delivered in residential alcohol and other drug treatment programs (as defined in OAR 309-032-1505). Families referred by the Department of Human Services -Children, Adults and Families Division (CAF) not covered by the Oregon Health Plan shall receive first priority followed by any person needing residential treatment while parenting children under the age of 18. In addition, providers must have written admission polices and procedures in place for individuals who appropriately use prescribed medications to treat addiction. Written policies and procedures must include referrals to alternate treatment resources for those not admitted to the program. A&D 6I A Services delivered with funds provided under this Agreement, in addition to the services otherwise described in the A&D 61 Service Description, include a recovery oriented system of care for addicted parents involved in or at risk of involvement with child welfare and self-sufficiency programs (CAF) that includes the following: 1. Effective transitions for clients moving from one level of care to another level of care; Collaborative case planning and management with CAF as evidenced by staffing notes, progress notes, or other documentation; and 2. 3. Coordination and referral services for client's family members including early childhood services for infants and toddlers and recovery support services for spouses and older children. II. Performance Standards A) All individuals receiving addiction services with funds provided under this Agreement and subject to this A&D 61A Specialized Service Requirement must be clients involved in, or individuals at risk of involvement with, child welfare or CAF self-sufficiency programs B) County is responsible for the following outcome for those clients referred to in Section I of this Specialized Service Requirement: • Continuum of Care- Clients who are stabilized and who no longer meet American Society of Addiction Medicine Level III criteria must receive at least one face-to-face service in an outpatient setting within 7 days of transitioning from residential treatment. III. Reporting Requirements (exceeding Exhibit B-1, A&D 61) 134309 Deschutes County OITA 11-13 GT0217-I1 Approved 5/9/2011 154 of 220 A. One copy of Intensive Treatment and Recovery Services (ITRS) referral form is filed in client records. B. Clients will be enrolled in Client Processing Monitoring System (CPMS) using a dedicated provider number for the ITRS program as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpms- manual/ad2009cpms-manual.pdf?ga=t IV. Financial Assistance Calculation and Disbursement Procedures (exceeding ExhibitB-1, A&D 61) None. 134309 Deschutes County OHA 11-13 GT0217-I I Approved 519/2011 155 of 220 Service Name(s): CONTINUUM OF CARE SERVICES Service ID Code: A&D 66 Specialized Service: INTENSIVE TREATMENT AND RECOVERY SERVICES Exhibit B-2 Code: 66A I. Service Description (exceeding Exhibit B-1, A&D 66) Funds awarded for A&D 66 Services that are identified in the Financial Assistance Award as subject to this Specialized Service Requirement may only be expended on A&D 66 Services that are delivered in outpatient programs (as defined by the American Society of Addiction Medicine, Patient Placement, Continued Stay and Discharge Criteria, Second Edition -Revised (ASAM PPC -2R) as referenced in OAR 309-032-1500 to 309-032-1565). Continuum of Care Services (A&D 66) must be provided in a manner that is informed by generally accepted research applied to the populations served through this Agreement. Individuals with a prescription for medications used to treat addiction may not be denied services based on the appropriate use of these medications. In addition, these funds may be expended on peer delivered recovery support services provided by approved out-patient programs. Peer delivered recovery support services include an array of agency or community- based services and supports provided by peers to individuals or family members with similar lived experience that are designed to support the recovery needs of individuals and families. Peer delivered recovery support services must be provided by individuals holding documentation for completion of an AMH approved training program. Families referred by the DHS' Children, Adults and Families (CAF) not covered by the Oregon Health Plan shall receive first priority followed by any person needing outpatient addiction treatment parenting children under the age of 18. A&D 66 Services delivered with funds provided under this agreement and subject to this Specialized Service Requirement include the following, in addition to the services otherwise described in the A&D 66 Service Description: A) A recovery oriented system of care for addicted parents involved in or at risk of involvement with child welfare and self-sufficiency programs that includes the following: 1. Effective transitions for individuals moving from one level of care to another level of care; 2. Collaborative case planning and management with CAF as evidenced by staffing notes, progress notes, or other documentation; 3. Coordination and referral services for an individual's family members including early childhood services for infants and toddlers and recovery support services for spouses and older children; and 4. A referral packet (includes an assessment and Intensive Treatment and Recovery Service (ITRS) referral form) for individuals referred to residential treatment. 134309 Deschutes Count OHA 11-13 GT0217-1 I Approved 5/9/2011 156 of 220 II. Performance Standards A. All individuals receiving addiction services with funds provided under this Agreement and subject to this Specialized Service Requirement must be individuals involved in or at risk of involvement with child welfare or self- sufficiency programs in CAF. 13. The County is responsible for the following outcomes for those individuals referred to in section one: 1. Parent/Child Reunification- Sixty percent of parents involved in the child welfare system who have regularly participated in treatment and followed their treatment plan for at least 30 days retain custody of their children; 2. Retention in addiction treatment for at least 90 days; and 3. Utilization requirements for individuals who receive outpatient addiction treatment under ITRS will be identified in a special condition subject to funds awarded in a particular line in the Financial Assistance Award, Exhibit C. These funds are used to increase capacity and cannot be used to supplant already existing resources. Providers ofA&D 66A Services funded through this Agreement must participate in client outcome studies conducted by OHA. III. Reporting Requirements (exceeding Exhibit 13-1, A&D 66) • A copy of ITRS referral form is filed in an individual's records with CAF and the treatment provider. • Addiction treatment providers will use a dedicated provider number on the Client Processing and Monitoring System form indicating that this individual is part of ITRS. IV. Financial Assistance Calculation and Disbursement Procedures (exceeding Exhibit B- 1, A&D 66) None. 134309 Deschutes County OHA I1-13GT0217-II Approved 5/9/2011 157 of 220 Service Name: CHILD AND ADOLESCENT MENTAL HEALTH SERVICES Service ID Code: MHS 22 Specialized Service: TREATMENT FOSTER CARE SERVICES Exhibit B-2 Code: 22A I. Service Description and Performance Requirements (exceeding Exhibit B-1, MHS 22) Funds awarded for MHS 22 Services that are identified in the Financial Assistance Award as subject to this Specialized Service Requirement are reserved in Oregon Health Authority's (OHA) budget for delivery of individual skills training services to Medicaid - eligible children residing in specialty foster homes approved by DHS' Children, Adults and Family Division (CAF). II. Performance Standards (exceeding Exhibit B-1, MHS 22) None. III. Reporting Requirements (exceeding Exhibit B-1, MHS 22) None. IV. Financial Assistance Calculation and Disbursement Procedures (exceeding Exhibit B -I, MHS 22) Funds awarded for MHS 22 Services that are identified in the Financial Assistance Award as subject to this Specialized Service Requirement (the "MHS 22A Limitation") are not calculated, disbursed or settled under this Agreement, but is calculated by OHA's Division of Medical Assistance Programs ("DMAP") and disbursed directly to service providers on a fee-for-service basis by DMAP in accordance with DMAP procedures and at DMAP rates. The MHS 22A Limitation is referenced in this Agreement for budgetary purposes. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 158 of 220 Service Name: NON-RESIDENTIAL MENTAL HEALTH SERVICES FOR YOUTH AND YOUNG ADULTS IN TRANSITION (DESIGNATED Service ID Code: MHS 26 Specialized Service: EARLY PSYCHOSIS PROJECT (EPP) Exhibit B-2 Code: 26A I. Service Description (exceeding Exhibit B-1, MHS 26; excludes designation requirements) Funds awarded for MHS 26 Services that are identified in the Financial Assistance Award as subject to this Specialized Service Requirement may only be expended on MHS 26 Services that are delivered in the Early Psychosis Project (EPP). MHS 26 Services delivered with funds provided under this agreement and subject to this Specialized Service Requirement include the following, in addition to the services otherwise described in the MHS 26 Service Description: A. Psychosis treatment services and intervention are provided to reduce long-term disability associated with psychosis to individuals who are uninsured and not enrolled in Medicaid, following the EPP guidelines. Psychosis treatment services include: 1. Outreach and engagement; 2. Assessment and treatment using a multi -disciplinary team consisting of a psychiatrist, social worker, occupational therapist, nurse, and vocational specialist; 3. Multi -family psycho -education; 4. 5. 6. 7. work settings. Cognitive behavioral therapy; Vocational and educational support; Prescribing medication using a low dose protocol; and Support for the individual in home, community, school, and B. Services will be coordinated with applicable adjunct programs serving both children and adults so as to facilitate smoother transitions and improved integration of services and supports across both adolescent and adult systems. II. Performance Standards (exceeding Exhibit B-1, MHS 26) None III. Reporting Requirements (exceeding Exhibit B-1, MHS 26) A. Maintain the client's Client Process Monitoring System (CPMS) record for MHS 26A Services provided, using a dedicated provider number assigned for the Early 134309 Deschutes Count OHA 11-13 GT0217-11 Approved 5/9/2011 159 01'220 Psychosis Project (EPP) as specified in Oregon Health Authority's CPMS manual located at: http://www.oregon.gov/OHA/mentalhealth/publications/cpmsmanual mh.pdf?ga and as it may be revised from time to time. B. Submit quarterly reports to Mid Valley Behavioral Care Network (MVBCN) using the MVBCN Web Application Portal located at https://db.mvbcn.org/ts/en- US/Default.aspx. IV. Financial Assistance Calculation Disbursement and Settlement Procedures (exceeding Exhibit B-1, MHS 26) Agreement Settlement: (exceeds Exhibit B-1, MHS 26) Agreement Settlement will be used to confirm the offer and delivery of MHS 26A Services by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Service Description or applicable Specialized Service Requirement. t34309 Deschutes County 01IA 1I -13G10217-11 Approved 5/9/2011 160 or220 Service Name: RESIDENTIAL TREATMENT SERVICES Service ID Code: MHS 28 Specialized Service: SECURE RESIDENTIAL TREATMENT FACILITY Exhibit B-2 Code: 28A Service Description and Performance Requirements (exceeding Exhibit B-1, MHS 28) Funds awarded for MHS 28 Services that are identified in the Financial Assistance Award as subject to this Specialized Service Requirement may only be expended on MHS 28 Services that are delivered in Secure Residential Treatment Facilities (as defined in OAR 309-035-0100 through 309-035-0190, as such rules may be revised from time to time) to individuals discharged from state psychiatric hospitals or local acute psychiatric programs who have a history of behaviors that are harmful to themselves or others. MHS 28 Services delivered with funds provided under this Agreement and subject to this Specialized Service Requirement include the following, in addition to the services otherwise described in the MHS 28 Service Description: a. Rehabilitative services such as mental health assessment, diagnosis, and treatment plan development; b. Monitoring and management of psychotropic medications; c. Development of behavioral programs; d. Establishment of a therapeutic milieu; e. Group and individual skills training; f. Consultation to other Agencies/Providers serving individuals receiving MHS 28 Services. Providers of MHS 28 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must comply with OAR 309-035- 0100 through 309-035-0190, as such rules may be revised from time to time. Providers of MHS 28 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must deliver the Services in a facility that is residential in nature and as homelike as possible but whose buildings and grounds are locked to prevent free egress by individuals receiving services at the facility, in compliance with Building Code and Uniform Fire Code provisions. Providers of MHS 28 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must deliver the services in a facility staffed with a combination of on-site Qualified Mental Health Professionals (as defined in OAR 309-035-0100 through 309-035-0190), Qualified Mental Health Associates (as defined in OAR 309-032-0180(8)) and other staff sufficient to meet the security, behavioral, recreational, and mental health needs of residents, as identified in their service plans, on a 24-hour basis. County must perform a standardized level of care assessment prior to admission. MHS 28 Services delivered under this Agreement that are subject to this Specialized Service 13-1309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 161 of 220 Requirement may only be delivered to individuals who meet the standardized criteria developed by OHA for this level of care. The standardized criteria will be posted on the OHA AMH web page. Priority will be for individuals ready to discharge from the State Hospitals. OHA will have the right to review admissions and continued stay determinations. II. Reporting Requirements (exceeding Exhibit B-1, MHS 28) Providers of MHS 28 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must provide data related to the assessment of outcomes of such services, as such data may be reasonably requested by OHA' AMH. III. Financial Assistance Calculation, Disbursement and Settlement Procedures (exceeding Exhibit B-1, MHS 28) None 134309 Deschutes Counnv OIiA 11-13 GT0217-11 Approved 5/9/201 1 162 of 220 Service Name: ADULT FOSTER CARE SERVICES Service ID Code: MHS 34 Specialized Service: RELATIVE FOSTER CARE Exhibit B-2 Code: 34A I. Service Description (exceeding Exhibit B-1, MHS 34) Relative Foster Care is personal care as detailed in a personal care plan provided to an adult client, age I8 or older, by a relative caregiver in a private residence setting that promotes the client's safety and independence. II. Performance Requirements (exceeding Exhibit B-1, MHS 34) For new Relative Foster Care providers, County must complete an inspection of the provider's home and submit to the Oregon Health Authority (OHA) the following documents, as prescribed by OHA: (a) County's letter of support; (b) Approved Criminal Record Check (CRC) for the foster care provider and all persons 16 years of age and older living in the home (not including the client); and. (c) The personal care plan and other information as requested by OHA for OHA approval of the Relative Foster Care provider. For renewal of existing Relative Foster Care providers, County must complete an inspection of the home and submit to OHA a completed Relative Foster Care Renewal Form. Relative Foster Care providers must renew their applications every two years. III. Reporting Requirements (exceeding Exhibit B-1, MHS 34) None IV. Financial Assistance Calculation and Disbursement Procedures (exceeding Exhibit B-1, MHS 34) None 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 163 of 220 Service Name: OLDER\DISABLED MENTAL HEALTH SERVICES Service Element ID Code: MHS 35 Specialized Service: GERO-SPECIALIST Exhibit B-2 Code: 35A I. Service Description Older/Disabled Adult Mental Health Services (MHS 35) Specialized Service Requirement (MHS 35A) are specialized geriatric mental health services delivered directly or indirectly to older/disabled adults with mental health illness. II. Performance Requirements The funds awarded for MHS 35A Services may only be expended on community based care services for older/disabled adults with mental health illness who are determined eligible for residential services from DHS' Seniors and People with Disabilities (SPD) Division. Such services include, but are not limited to, medication management, quarterly interagency staffing and follow-up services after treatment in local or state inpatient psychiatric hospitals, or indirect services, including but not limited to, screening, referral, and consultation and training to agencies and caregivers who provide services that may affect older/disabled adults with mental health illness. If indirect services, as described above, are delivered with MHS 35A funds provided under this Agreement, those services must be available to relevant agencies and caregivers in the geographic area served by the CMHP operated by or contracted for by County and must be coordinated with protective services provided by DHS' SPD Division and County's mental health crisis/commitment service. All MHS 35A Services delivered with funds provided under this Agreement must be delivered by a Qualified Mental Health Professional (as defined in OAR 309-016-0605) (QMHP) and in compliance with OAR 309-032-1500 through 309-032-1565, Standards for Adult Mental Health Services, as such rules may be revised from time to time. QMHP' delivering such services must have a background with the older/disabled adult population or be participating in relevant training programs to acquire such knowledge. Providers of MHS 35 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must insure that staff providing such services: A. Regularly access a psychiatrist or nurse practitioner for case and medication review for individuals receiving MHS 35 Services; B. Regularly participate in interdisciplinary team meetings with DHS' Seniors and People with Disabilities (SPD) staff or contractors serving individuals receiving MHS 35 Services; 134309 Deschutes County 01 -IA II-13GT0217-11 Approved 5/9/2011 164 of 220 C. Provide discharge assistance (from in-patient psychiatric hospitals) and provide, or arrange for, short term follow-up services for individuals receiving MHS 35 Services; and D. Be available to County's crisis team and DHS' SPD protective services for consultation on geriatric cases. III. Special Reporting Requirements County shall provide summary reports on its delivery of MHS 35A Services that are supported with funds provided under this Agreement. The reports must be submitted within 45 days of the end of each State fiscal year (ending June 30) and after the termination of this Agreement. Submit reports to: Oregon Health Authority Addictions and Mental Health Services Division Attention: Contracts Administrator 500 Summer Street N.E. E86 Salem, OR 97301-1 1 18 Reports must be prepared using forms and procedures prescribed by the Oregon Health Authority (OHA). IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: The funds awarded for MHS 35A Services are intended to be general financial assistance to County for MHS 35A Services. Accordingly, OHA will not track delivery of MHS 35A Services or service capacity on a per unit basis so long as County offers and delivers MHS 35A Services as part of its CMHP. Total OHA financial assistance for MHS 35A Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 35A Services as specified on that line. B. Disbursement of financial assistance: OHA will disburse the funds awarded for MHS 35A Services identified 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: 134309 Deschutes County 011A 11-13 GT0217-11 Approved 5/9/2011 165 of 220 1. OHA may, upon written request of County, adjust monthly allotments; and 1. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 35A Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the delivery of MHS 35 Services by County as part of its CMHP, based on data properly reported in reports required or permitted by this Specialized Service Requirement. 134309 Deschutes County Approved 5/9/2011 OIIA 1I-13GT0217-I1 166 of 220 Service Name: OLDER/DISABLED ADULT MENTAL HEALTH SERVICES Service ID Code: MHS 35 Specialized Service: SPD RESIDENTIAL Exhibit B-2 Code: 35B Service Description Older/Disabled Adult Mental Health Services (MHS 35) Specialized Service Requirement (MHS 35B) are residential services delivered directly or indirectly to individuals with severe and persistent mental health illness. II. Performance Requirements Providers of MHS 35 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must, with respect to each individual receiving MHS 35 Services, enter into and maintain a written agreement with DHS' Seniors and People with Disabilities Division (SPD) and the Provider of residential services to that individual that addresses: approval of SPD or its designee for the placement, the services to be provided by each entity. and an annual review of the appropriateness of the placement. The funds awarded for MHS 35B Services may only be expended on residential services for older/disabled adults with severe and persistent mental health illness who are determined not eligible for, yet require, residential services from DHS' SPD Division and who meet service need eligibility for Medicaid financed residential services under OAR 411-015-0000 through 411-015-0100 and are residing in a facility whose operator is licensed by the SPD Division and has contracted with the SPD Division to deliver residential services to specified individuals. III. Special Reporting Requirements Providers of MHS 35 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must notify the Oregon Health Authority's (OHA), Addictions and Mental Health Division (AMH), when the Provider discontinues such services to an individual whose services are delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement. Providers of MHS 35 Services delivered with funds provided under this Agreement that are subject to this Specialized Service Requirement must be able to provide a copy of all written agreements described above to OHA upon request. 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 the Oregon Health Authority (OHA). 134309 Deschutes Count} OHA 11-13 GT0217-I 1 Approved 5/9/201 t 167 of 220 All individuals receiving MHS 35B Services with funds provided under this Agreement must be enrolled in the Client Process Monitoring System (CPMS), and the individual's CPMS record for MHS 35B Services must be maintained, as specified in OHA's CPMS manual located at: http://www.oregon.gov/OHA/mental health/publications/cpmsmanual mh.pcif? ga=t , and as it may be revised from time to time. IV. Financial Assistance Calculation, Disbursement and Settlement Procedures A. Calculation of Financial Assistance: The funds awarded for MHS 35B Services are intended to be general financial assistance to County for MHS 35B Services. Accordingly, OHA will not track delivery of MHS 3513 Services or service capacity on a per unit basis so long as County offers and delivers MHS 35B Services as part of its CMHP. Total OHA financial assistance for MHS 35B Services under a particular line of the Financial Assistance Award shall not exceed the total funds awarded for MHS 35B Services as specified on that line. B. Disbursement of financial assistance: OHA will disburse the funds awarded for MHS 35A Services identified 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, upon written request of County, adjust monthly allotments; and 2. Upon amendment to the Financial Assistance Award, OHA shall adjust monthly allotments as necessary, to reflect changes in the funds awarded for MHS 35A Services on that line of the Financial Assistance Award. C. Agreement Settlement: Agreement Settlement will be used to confirm the delivery of MHS 35B Services to the individuals specified in the Financial Assistance Award by County as part of its CMHP, based on data properly reported in CPMS or through other reports required or permitted by this Specialized Service Requirement. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 168 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES CONTRACTOR: DATE: PROGRAM AREA: EXHIBIT C FINANCIAL ASSISTANCE AWARD AGREEMENT #: REFERENCE #: Start/End CPMS Approved Approved Serv. Unit EX HIB B2 Spec Part Dates Name Service Funds Start-up Units Type Codes Cond # SE#: 134309 Deschutes County OHA 11-13 GT0217-I I Approved 5/9/2011 169 of 220 OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) 2011-2013 CONTRACTOR: DESCHUTES COUNTY Contract#: 134309 DATE: 06/03/2011 Reference#: 001 ALCOHOL AND DRUG SERVICES SECTION: 1 SERVICE REQUIREMENTS MEET EXHIBIT B AND, IF INDICATED, EXHIBIT B-2 Start/End CPMS Part Dates Name Approved Service Funds Approved Serv. Unit EXHIB B2 Spec Start-up Units Type Codes Cond# SE# 3 LOCAL ADMIN ADDICTIONS SVCS A 7/2011- 6/2012 N/A $3,500 $0 0. NA N/A A0001 1 SUBTOTAL SE# 3 $3,500 $0 SE# 66 CONTINUUM OF CARE A 7/2011- 6/2012 N/A A 7/2011- 6/2012 N/A SUBTOTAL SE# 66 $115,084 $0 0. NA 66A A0001 3 $476,143 $0 0, NA N/A A0001 2 $591,227 $0 SE# 70 PREVENTION SERVICES C 7/2011- 6/2012 N/A $91,874 $0 0. NA N/A A0001 4 SUBTOTAL SE# 70 $91,874 $0 SE# 80 PROBLEM GAMBLING PREVENTION A 7/2011- 6/2012 N/A $29,000 $0 0. NA N/A SUBTOTAL SE# 80 $29,000 $0 SE# 81 PROBLEM GAMBLING TREATMENT A 7/2011- 6/2012 N/A $70,000 $0 0. NA N/A SUBTOTAL SE# 81 $70,000 $0 TOTAL SECTION 1 $785,601 $0 TOTAL AUTHORIZED - FOR ALCOHOL AND DRUG SERVICES $785,601 TOTAL AUTHORIZED FOR THIS FAAA: $785,601 OREGON HEALTH AUTHORITY Financial Assistance Award Amendment (FAAA) CONTRACTOR: DESCHUTES COUNTY Contract#: 134309 DATE: 06/03/2011 REASON FOR FAAA (for information only): REF#: 001 This Financial Assistance Award is for Alcohol or Other Drug Abuse Prevention and Treatment and Problem Gambling Services within the Governor's 2011-13 Balanced Budget (GBB), Amounts continue service levels through June 30, 2012 that are approved on an ongoing basis as of March 1, 2011. Additional ongoing changes approved after that date will be reflected in a subsequent Financial Assistance Award Amendment. Payment of funds in this Financial Assistance Award is subject to Legislative approval of the Oregon Health Authority's 2011-13 Budget, at the level proposed in the Governor's Balanced Budget or higher. The following special condition(s) apply to funds as indicated by the special condition number in column 9. Each special condition set forth below may be qualified by a full description in the Financial Assistance Award. A0001 1 Local Administration - Addictions Services (A&D 03) Financial Assistance Associated with Addictions Services: The financial assistance subject to this special condition is awarded for local administration of services in the Addictions Services Program Area, specifically for Problem Gambling Services. If County terminates its obligation to include Problem Gambling services in its CMHP, OHA shall have no obligation, after the termination, pay or disburse to County financial assistance subject to this special condition. to A0001 2 The exPenditure of financial assistance awarded subject to this special condition must result in the delivery of A&D 66 services to a minimum services and System on or of 397 unduplicated individuals receiving outpatient newly enrolled in the Client Process Monitoring after the first day of the biennium. Cases enrolled for less than 30 continuous days and without evidence of treatment engagement in the clinical record do not count toward the service delivery requirement. Individuals enrolled in A&D 66A-ITRS services do not count toward this service delivery requirement with the exception of individuals who are simultaneously participating in a synthetic opioid treatment program. Under delivery of services subject to this financial assistance may result in recovery of funds at the rate of $1,200 per individual. A0001 3 The expenditure of financial assistance awarded subject to this special condition must result in the delivery of A&D 66A - ITRS services to at least 33 unduplicated individuals receiving outpatient services and newly enrolled in the Client Process Monitoring System dedicated provider number on or after the first day of the biennium. Cases enrolled for less than 30 continuous days and without evidence of treatment engagement in the clinical record do not count toward the service delivery requirement. Under delivery of services subject to this financial assistance may result in recovery of funds at the rate of $3,000 per individual. A0001 4 The financial assistance awarded for A&D 70 will be disbursed in substantially equal quarterly allotments. 2011-2013 rn H w 0 o u) H m o H O m PIH CONTRACT#: 0 uJ H oN U O Q0 • El H • A 0 H • o • a DESCRIPTION 0 0 m 0 0 m 0 O 0 N m V} 0 0 ul m 0 0 .:14 m r 0 0 0 0 N 'W ,if N 0 0 0 0 N O H N 0 0 0 0 N Ill (O rl O1 O1 O O m H N 01 N N N N 01 H d' in ih v)- (!} (- (O VI VI VI VI d' m r 0 0 0 0 N co d4 N 0 0 0 0 N o ff N 0 0 0 0 r In (o H ON ON o o CO H r O1 N N N N ON H ,If In +/} U} (!} t!} lD VI VI VI LI 0 0 VI VI 0 0 VI VI 0 0 0 0 O 4.11 0 0 4.11 (0 z U 0 H > H 'Z `n z Z g O w w H 14 c4 H a, H 0 H O U U (/w�� r=io H H FG a ZH O O U 0 QPcq PI • m (O X CO 0 HX 00 H H a 0a Q it H H LQ *k pq O CO 0 0 V?C4(/J !x .a U U a a m E* (o (0 H 0 H H 0 to (0 O co O co T T TOTAL SE# 0 ENT PENDING" Column U Css 0 fa a) 0 J�1 2-5 aJ +) }I O 0 5 ▪ Rs s -1 m ▪ +J 0 (13 a) 0 r-, Therefore, in the "REVISED TOTAL" The amounts that have not C�. 0 U) H 0 E fn 0 r0 cci rt u 0 x s 0 H < H 4J 0 a ni Z 4J 0 (n 0 •,-I rn 0 C ro .r, u 0 RS S=. 2011-2013 m rl W r r a. [--- a o ch H ro co m (1 0 H O W F rl H H 1 H w CJ a � F 0 A w U w o � a + O U zz f7 !Id qHq O a4 0 0 H A Ix 0 U S44 111 PR zH 0 U ra U) rl W F N M U 0 W tD A 0 O H F a; U n O U DESCRIPTION a �r w co co co ri H ri m m m } VI O O J} O 0 0 1f} 0 y} 2 0 U C7 w F w U N (tl ar O E 04 n1 Sa Q) u E a1 r r 4-1 U ,4 F 0 0 U �+ Ri F 'd O a) H 1J 04 A N W u) H (d W <~ 0) 1) N 0 v 4J +i N >, 0 0 In 0 1J 4) 0 (d E (6 1J H 1J o H h 0 0 F OREGON HEALTH AUTHORITY rnH W O 0 cn H M O H O d4 > H in lil H DESCRIPTION 0 0 Ln th 0 0 ul M +h 0 0 0 0 N M VI- in- 0 ? 0 0 0 0 d' M N d' tH 0 0 0 0 CO d. N N N 0 0 0 0 O H N CO CO 0 0 0 0 Ill l0 ri ri H 0\ 0) O O H N 0) 0) 0) N N (--- t --- H H d,it)th tf} -< - t/} t? ill- ill- ill - }the tn- $755,601 di M r d, d, O 0 0 o H CO di N r r 0 0 0 0 0 0 H N 07 CO 0 0 0 0 (0 In in H H r-1 0) rn o o ut H [� 0) 01 0) N N N r o0 H d' N in- t/} tn- tn- {h r 0 0 in- in- 0 0 0 0 0 0 tn- 0 0 0 0 0 0 VI - 0 in- tn- En Z 0 0 H 0 H Z U) H [1 in z HH m IX a H W w H 0 NI W0 0q H H z W [i+ UJ 0 9H U O Q M Z 0 0 Oro Wco H F # EH-' H --1l # 4k PPI # # H 0 Cr) Z z G] W W 0 W 0 W H 0 0] O O cq a u) Pae (0a (0 0 H w ko 5-40 H O f -I r-1 E-� z M 0 io to 0 r 0co 0 co O 0 0 0 0 S "REVISED The amounts H O z that have not vet been EXPLANATION OF FINANCIAL ASSISTANCE AWARD The Financial Assistance Award set forth above and any Financial Assistance Award amendment must be read in conjunction with this explanation for purposes of understanding the rights and obligations of OHA and County reflected in the Financial Assistance Award. 1. Format and Abbreviations in Financial Assistance Award a. Heading. The heading of the Financial Assistance Award consists of the following information (1) County name, (2) the identification number of the Agreement of which the Financial Assistance Award is a part, and (3) the date of the Financial Assistance Award (which should be on or about the date of this Agreement). The Financial Assistance Award is then broken down by Program Area, with all Services in a particular Program Area that are awarded funds grouped together under the Program Area heading. The Financial Assistance Award may also be labeled as Section 1. This Section designation has no relevance to the original Financial Assistance Award and should be ignored. The Financial Assistance Award also contains a reference number which is used for administrative tracking purposes only and has no legal significance. b. Financial and Service Information. Each Service awarded funds is listed by its Service number and name (full or abbreviated). The amount of financial assistance awarded for the Service and certain other Service information is listed below the Service number and name on one or more lines. Financial assistance awarded for a particular Service may not be used to cover the costs of any other Service, except as permitted by section 3.a of Exhibit E of this Agreement. The funds set forth on a particular line will be disbursed in accordance with and are subject to the restrictions set forth on that line. The awarded funds, disbursement information and restrictions on a particular line are displayed in a columnar format as follows: (i) Column 1, Part: This column will contain the character A, B or C to indicate the method by which OHA will disburse the awarded funds. The disbursement method indicated in this column will usually be consistent with the disbursement method set forth in the Service Description for the particular Service. Occasionally, a disbursement method different than that set forth in the Service Description is necessary. And if a disbursement method specified in this column is different than the method set forth in the Service Description, the method specified in this column shall control. This column only identifies the disbursement method and is not relevant to determining whether County is ultimately entitled to payment. Payment entitlement is determined in accordance with the basis of payment set forth in the applicable Service Description and any disbursements to County in excess of the payments County is entitled to, as determined in accordance with the applicable basis of payment and through the Agreement Settlement process, will be recovered by OHA in accordance with the terms of this Agreement. The characters A, B and C signify the following disbursement methods: 134309 Deschutes Count OITA 11-13 GT0217-I1 Approved 5/9/2011 170 of 220 (a) The character A means OHA will disburse the awarded funds to County in substantially equal monthly allotments during the period set forth in column 2. (b) The character B means the funds are disbursed and paid under another agreement and are set forth in this Agreement for tracking purposes. (c) The character C means OHA will disburse the awarded funds in the manner specified in column 9. (ii) Column 2, Start/End dates: These dates specify the period during which it is expected that the Service or Service capacity, as applicable, will be delivered utilizing the approved service funds set forth on that line of the Financial Assistance Award. For purposes of disbursement method A (described above), these dates also specify the period during which the approved service funds will be disbursed to County (iii) Column 3, CPMS Name: When a CPMS Name appears in this column the approved service funds set forth on that line of the Financial Assistance Award may only be expended on the delivery of the specified Service to the specified individual. When the approved service funds are not intended for any particular individual, an N/A designation will appear in this column. The CPMS name is coded and consists of the following: the second, third, and fourth characters of the person's last and first name followed by the person's birth date (year, month, and day). (iv) Column 4, Approved Service Funds: This is the amount awarded for delivery of the Service and is OHA's maximum obligation during the period specified on that line in support of the Services described on that line of the Financial Assistance Award (v) Column 5, Approved Start-up: if funds appear in this column they may only be used to cover one-time expenses incurred in initiating, expanding or upgrading the specified Service or for other special one-time expenses related to the Service. Start-up funds may only be spent for the purposes specified in the special conditions appearing in column 9. Start-up funds may only be expended in accordance with Exhibit J of this Agreement and with start-up procedures within the applicable Service Elements. (vi) Column 6, Service Units: This is the amount of Service or Service capacity, as applicable, that OHA anticipates County to deliver during the period specified and utilizing the approved Service funds set forth on that line of the Financial Assistance Award. The Service or Service capacity, as applicable, must be delivered in relatively equal amounts over the course of the period specified on that line of the Financial Assistance Award. This column will read zero if the basis of payment set forth in the applicable Service Description is not tied to actual delivery of Services or Service capacity. This column must be read in conjunction with column 7. 134309 Deschutes County OI -1A H-13 GT0217-I I Approved 5/9/2011 171 of -220 (vii) Column 7, Unit Type: The unit type is the unit of measurement associated with the Service units set forth in column 6. The unit types are expressed in three character designations that have the following meanings: (a) CSD: One CSD (or Client Service Day) is one day of Service or Service capacity, as applicable, delivered to one individual or made available for delivery to one individual, as applicable. (b) N/A: N/A means unit type is not applicable to the particular line (c) SLT: One SLT (or Slot) is the delivery or capacity to deliver, as applicable, the Service to an individual during the entire period specified in the corresponding line of the Financial Assistance Award. (viii) Column 8, Exhibit B-2 Codes: The codes appearing in this column correspond to the Specialized Service Requirement Codes for the Specialized Service Requirements described in Exhibit B-2. If one or more Specialized Service Requirement Code appears in this column, the Service must be delivered in accordance with the Specialized Service Requirements when the Service is delivered with approved service funds set forth on that line of the Financial Assistance Award. (ix) Column 9, Special Conditions: These are the special conditions, if any, that must be complied with when providing the Service using approved service funds set forth on that line of the Financial Assistance Award. For certain Services, the special conditions specify the rate at which financial assistance will be calculated for delivery of that Service or delivery of capacity for that Service. The special conditions are identified by an alphanumeric code. A table or tables listing the special conditions by alphanumeric code is included in the Financial Assistance Award 2. Format and Abbreviations in Financial Assistance Award Amendments. The format and abbreviations in a Financial Assistance Award amendment are the same as those used in the initial Financial Assistance Award. If a Financial Assistance Award amendment amends the financial and service information in the Financial Assistance Award, each financial and service information line in the amendment will either amend an existing line in the financial and service information of the Financial Assistance Award or constitute a new line added to the financial and service information of the Financial Assistance Award. A financial and service information line in a Financial Assistance Award amendment (an "Amending Line") amends an existing line of the Financial Assistance Award (a "Corresponding Line") if the line in the Financial Assistance Award amendment awards funds for the same Service, specifies the same CPMS Name (if applicable), and specifies the same Exhibit B-2 codes as an existing line (as previously amended, if at all) in the Financial Assistance Award and specifies a date range falling within the date range specified in that existing line (as previously amended, if at all). If an Amending Line has a positive number in the approved service funds column, those funds are added to the approved service funds of the Corresponding Line for the period specified in the Amending Line. If an Amending Line has a negative number in the approved service funds column, those funds are subtracted from the approved service funds of the Corresponding Line for period specified in the Amending Line. If an Amending Line has a positive number in the 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 172 of 220 service units column, those service units are added to the service units in the Corresponding Line for the period specified in the Amending Line. If an Amending Line has a negative number in the service units column, those units are subtracted from the service units in the Corresponding Line for the period specified in the Amending Line. All Special Conditions identified in a Corresponding Line apply to funds identified on an Amending Line (unless a Special Condition or portion thereof on an Amending Line specifies a rate). If an Amending Line contains a Special Condition or portion of a Special Condition that specifies a rate, that Special Condition or portion thereof replaces, for the period specified in the Amending Line, any Special Condition or portion thereof in the Corresponding Line that specifies a rate. Ifa financial and service information line in a Financial Assistance Award amendment is not an Amending Line, as described above, it is a new line added to the Financial Assistance Award. 134309 Deschutes County Oi-IA 11-13 GT0217-I 1 Approved 5/9/2011 173 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. County Expenditures on Addiction Services. In accordance with ORS 430.345 to 430.380 (the "Mental Health Alcoholism and Drug Services Account" also known as the "Beer and Wine Tax Account"), County shall maintain its 2011-2012 financial contribution to alcohol and other drug treatment and prevention services at an amount not less than that for fiscal year 2010-201 1. Furthermore, and in accordance with the Beer and Wine Tax Account, County shall maintain its 2012-2013 financial contribution to alcohol and other drug treatment and prevention services at an amount not less than that for fiscal year 2011- 2012. OHA may waive all or part of the financial contribution requirement in consideration of severe financial hardship or any other grounds permitted by law. 2. Limitations on use of Financial Assistance Awarded for Addiction Services. Financial assistance awarded under this Agreement for Addiction Services (as reflected in the Financial Assistance Award), may not be used: a. To provide inpatient hospital services; b. To make cash payments to intended recipients of health services; c. 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; d. To satisfy any requirement for expenditure of non-federal funds as a condition for receipt of federal funds (whether the federal funds are Federal Funds under this Agreement or otherwise); e. 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 f. To carry out any program prohibited by section 256(b) of the Health Omnibus Programs Extension Act of 1988 (codified at 42 USC 300ee-5). 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 174 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT E GENERAL TERMS AND CONDITIONS 1. Disbursement and Recovery of Financial Assistance. a. Disbursement Generally. Subject to the conditions precedent set forth below, OHA shall disburse the financial assistance described in the Financial Assistance Award to County in accordance with the procedures set forth below and, as applicable, in the Service Descriptions and the Financial Assistance Award. Disbursement procedures may vary by Service. (1) Disbursement of Financial Assistance Awarded for Services in Financial Assistance Award. As set forth in the Service Description for a particular Service, OHA will generally disburse financial assistance that is described in the Financial Assistance Award to County in monthly allotments in advance of actual delivery of the Service. (2) Disbursements Remain Subject to Recovery. All disbursements of financial assistance under this Agreement, including disbursements made directly to Providers, remain subject to recovery from County, in accordance with Section 1.c.(1), as an Underexpenditure, Overexpenditure or Misexpenditure. b. Conditions Precedent to Disbursement. OHA's obligation to disburse financial assistance to County under this Agreement is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: (1) No County default as described in Section 6 of Exhibit F has occurred. (2) County's representations and warranties set forth in Section 4 of Exhibit F are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. c. Recovery of Financial Assistance. (1) Notice of Underexpenditure, Overexpenditure or Misexpenditure. If OHA believes there has been an Underexpenditure or Overexpenditure (as defined in Exhibit A) of moneys disbursed under this Agreement, OHA shall provide County with written notice thereof and OHA and County shall engage in the process described in Section 1.c.(2) below. If OHA believes there has been a Misexpenditure (as defined in Exhibit A) of moneys disbursed to County under this Agreement, OHA shall provide County with written notice thereof and OHA and County shall engage in the process described in Section 1.c.(3) below. (2) Recovery of Underexpenditure or Overexpenditure. (a) County's Response. County shall have 90 calendar days from the effective date of the notice of Underexpenditure or Overexpenditure to 134309 Deschutes County_ OHA 11-13 GT0217-1 I Approved 5/9/2011 175 of 220 pay OHA in full or notify OHA that it wishes to engage in the appeals process set forth in Section 1.c.(2)(b) below. If County fails to respond within that 90 day time period, County shall promptly pay the noticed Underexpenditure or Overexpenditure. (b) Appeals Process. If County notifies OHA that it wishes to engage in the appeals process, County and OHA shall engage in non-binding discussions to give the County an opportunity to present reasons why it believes that there is no Underexpenditure or Overexpenditure, or that the amount of the Underexpenditure or Overexpenditure is different than the amount identified by OHA, and to give OHA the opportunity to reconsider its notice. County and OHA may negotiate an appropriate apportionment of responsibility for the repayment of an Underexpenditure or Overexpenditure. At County request, OHA will meet and negotiate with County in good faith concerning appropriate apportionment of responsibility for repayment of an Underexpenditure or Overexpenditure. In determining an appropriate apportionment of responsibility, County and OHA may consider any relevant factors. An example ofa relevant factor is the extent to which either party contributed to an interpretation of a statute, regulation or rule prior to the expenditure that was officially reinterpreted after the expenditure. If OHA and County reach agreement on the amount owed to OHA, County shall promptly repay that amount to OHA by issuing payment to OHA or by directing OHA to withhold future payments pursuant to Section 1.(c)(2)(c) below. If OHA and County continue to disagree as to whether there has been an Underexpenditure or Overexpenditure or as to the amount owed, the parties may agree to consider further appropriate dispute resolution processes, including, subject to Department of Justice and County Counsel approval, arbitration. (c) Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure or Overexpenditure pursuant to Section 1.c.(2), OHA may recover the Underexpenditure or Overexpenditure by offsetting the amount thereof against future amounts owed to County by OHA, including, but not limited to, any amount owed to County by OHA under any other contract or agreement between County and OHA, present or future. OHA shall provide County written notice of its intent to recover the amount of the Underexpenditure or Overexpenditure from amounts owed County by OHA as set forth in this Section, and shall identify the amounts owed by OHA which OHA intends to offset, (including the contracts or agreements, if any, under which the amounts owed arose and from those OHA wishes to deduct payments from). County shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to County by OHA and identified by County. OHA shall comply with County's request for alternate offset. In the event that OHA and County are unable to agree on which specific amounts, owed to County by OHA, OHA may offset in order to recover the amount of the Underexpenditure or Overexpenditure, then OHA may select the particular contracts or agreements between OHA and County and amounts from which it will recover the amount of the 134309 Deschutes County OHA 11-13 GT0217-I I Approved 5/9/2011 176 or 220 (3) Underexpenditure or Overexpenditure, after providing notice to the County and within the following limitations: OHA shall first look to amounts owed to County (but unpaid) under this Agreement. if that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to County by OHA. In no case, without the prior consent of County, shall OHA deduct from any one payment due to County under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or Overexpenditure. Recovery of Misexpenditure. (a) County's Response. From the effective date of the notice of Misexpenditure, County shall have the lesser of (1) 60 calendar days, or (2) if a Misexpenditure relates to a federal government request for reimbursement, 30 calendar days fewer than the number of days (if any) OHA has to appeal a final written decision from the federal government, to either: i. Make a payment to OHA in the full amount of the noticed Misexpenditure identified by OHA; or ii. Notify OHA that County wishes to repay the amount of the noticed Misexpenditure from future payments pursuant to Section 1.c.(3)(c). below; or Notify OHA that it wishes to engage in the applicable appeal process set forth in Section 1.c.(3)(b). below. If County fails to respond within the time required by this Section, ORA may recover the amount of the noticed Misexpenditure from future payments as set forth in Section 1.c.(3)(b). below. (b) Appeal Process. If County notifies OHA that it wishes to engage in an appeal process with respect to a noticed Misexpenditure, the parties shall comply with the following procedures, as applicable: i. Appeal from OHA-Identified Misexpenditure. If OHA's notice of Misexpenditure is based on a Misexpenditure solely of the type described in Section 21(b) or (c) of Exhibit A, County and OHA shall engage in the process described in this Section to resolve a dispute regarding the noticed Misexpenditure. First, County and OHA shalt engage in non-binding discussions to give the County an opportunity to present reasons why it believes that there is, in fact, no Misexpenditure or that the amount of the Misexpenditure is different than the amount identified by OHA, and to give OHA the opportunity to reconsider its notice. County and OHA may negotiate an appropriate apportionment of responsibility for the repayment of a Misexpenditure. At County request, OHA will meet and negotiate with County in good faith concerning appropriate apportionment of responsibility for repayment of a Misexpenditure. In determining an appropriate apportionment of responsibility, County and OHA may 134309 Deschutes County_ OIIA 11-13 G1.0217-11 Approved 5/9/2011 177 of 220 134309 Deschutes County OHA 11-13 GT0217-11 consider any relevant factors. An example of a relevant factor is the extent to which either party contributed to an interpretation of a statute, regulation or rule prior to the expenditure that was officially reinterpreted after the expenditure. If OHA and County reach agreement on the amount owed to the OHA County shall promptly repay that amount to OHA by issuing payment to OHA or by directing OHA to withhold future payments pursuant to Section 1.c.(3)(c) below. If OHA and County continue to disagree as to whether there has been a Misexpenditure or as to the amount owed, the parties may agree to consider further appropriate dispute resolution processes, including, subject to Department of Justice and County Counsel approval, arbitration. ii. Appeal from Federal -Identified Misexpenditure. A. If OHA's notice of Misexpenditure is based on a Misexpenditure of the type described in Section 21(a) of Exhibit A and the relevant federal agency provides a process either by statute or administrative rule to appeal the determination of improper use of federal funds, the notice of disallowance or other federal identification of improper use of funds, and if the disallowance is not based on a federal or state court judgment founded in allegations of Medicaid fraud or abuse, then County may, prior to 30 days prior to the applicable federal appeals deadline, request that OHA appeal the determination of improper use, notice of disallowance or other federal identification of improper use of funds in accordance with the process established or adopted by the federal agency. If County so requests that OHA appeal the determination of improper use of federal funds, federal notice of disallowance or other federal identification of improper use of funds, the amount in controversy shall, at the option of County, be retained by the County or returned to OHA pending the final federal decision resulting from the initial appeal. If the County does request, prior to the deadline set forth above, that OHA appeal, OHA shall appeal the determination of improper use, notice of disallowance or other federal identification of improper use of funds in accordance with the established process and shall pursue the appeal until a decision is issued by the Departmental Grant Appeals Board of the Oregon Health Authority (the "Grant Appeals Board") pursuant to the process for appeal set forth in 45 C.F.R. Subtitle A, Part 16, or an equivalent decision is issued under the appeal process established or adopted by the federal agency. County and OHA shall cooperate with each other in pursuing the appeal. If the Grant Appeals Board or its equivalent denies the appeal then either County, OHA, or both may, in their discretion, pursue further appeals. Regardless of any further appeals, within 90 days of the date the federal decision resulting from the initial appeal is final, County shall Approved 5/9/2011 178 of 220 134309 Deschutes County OIIA I I-13GT0217-11 repay to OHA the amount of the noticed Misexpenditure (reduced, if at all, as a result of the appeal) by issuing payment to OHA or by directing OHA to withhold future payments pursuant to Section l .c.(3)(c) below. To the extent that County retained any of the amount in controversy while the appeal was pending, the County shall pay to OHA the interest, if any, charged by the federal government on such amount. B. If the relevant federal agency does not provide a process either by statute or administrative rule to appeal the determination of improper use of federal funds, the notice of disallowance or other federal identification of improper use of funds or County does not request that OHA pursue an appeal 30 days prior to the applicable federal appeals deadline, and if OHA does not appeal, then within 90 days of the date the federal determination of improper use of federal funds, the federal notice of disallowance or other federal identification of improper use of funds is final County shall repay to OHA the amount of the noticed Misexpenditure by issuing a payment to OHA or by directing OHA to withhold future payments pursuant to Section l .c.(3)(c) below. C. If County does not request that OHA pursue an appeal of the determination of improper use of federal funds, the notice of disallowance or other federal identification of improper use of funds, prior to 30 days prior to the applicable federal appeals deadline but OHA nevertheless appeals. County shall repay to OHA the amount of the noticed Misexpenditure (reduced, if at all, as a result of the appeal), within 90 days of the date the federal decision resulting from the appeal is final, by issuing payment to OHA or by directing OHA to withhold future payments pursuant to Section l .c.(3)(c). below. D. Notwithstanding Section 1.c.(3)(a)(i) through iii., if the Misexpenditure was expressly authorized by a OHA rule or an OHA writing that applied when the expenditure was made, but was prohibited by federal statutes or regulations that applied when the expenditure was made, County will not be responsible for repaying the amount of the misexpenditure to OHA, provided that: (1) Where post -expenditure official reinterpretation of federal statutes or regulations results in a Misexpenditure, County and OHA will meet and negotiate in good faith an appropriate apportionment of responsibility between them for repayment of the Misexpenditure. (ii) For purposes of this Section, an OHA writing must interpret this Agreement or an OHA rule and be signed by the Director of OHA or by the Assistant Director of Addictions and Mental Health Services Division. Approved 5/9/201 I 179 of 220 OHA shall designate an alternate officer in the event the Addictions and Mental Health Services Division is abolished. Upon County request, OHA shall notify County of the names of the individual officers listed above. OHA shall send OHA writings described in this paragraph to County by mail and email and to CMHP directors by email. (iii) The writing must be in response to a request from County for expenditure authorization, or a statement intended to provide official guidance to County or counties generally for making expenditures under this Agreement. The writing must not be contrary to this Agreement or contrary to law or other applicable authority that is clearly established at the time of the writing. (iv) If OHA writing is in response to a request from County for expenditure authorization, the request must be in writing and signed by the director of a County department with authority to make such a request or by the County Counsel. It must identify the supporting data, provisions of this Agreement and provisions of applicable law relevant to determining if the expenditure should be authorized. (v) An OHA writing expires on the date stated in the writing, or if no expiration date is stated, six years from the date of the writing. An expired OHA writing continues to apply to County expenditures that were made in compliance with the writing and during the term of the writing. (vi) OHA may revoke or revise an OHA writing at any time if it determines in its sole discretion that the writing allowed expenditure in violation of this Agreement or law or any other applicable authority. (vii) OHA rule does not authorize an expenditure that this Agreement prohibits. (c) Recovery From Future Payments. To the extent that OHA is entitled to recover a Misexpenditure pursuant to Section 1.c.(3)(b)(i) and (ii)., OHA may recover the Misexpenditure by offsetting the amount thereof against future amounts owed to County by OHA, including, but not limited to, any amount owed to County by OHA under this Agreement or any amount owed to County by OHA under any other contract or agreement between County and OHA, present or future. OHA shall provide County written notice of its intent to recover the amount of the Misexpenditure from amounts owed County by OHA as set forth in this Section, and shall identify the amounts owed by OHA which OHA intends to offset (including the contracts or agreements, if any, under which the amounts owed arose and from those OHA wishes to deduct payments from). 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 180 or220 County shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to County by OHA and identified by County. OHA shall comply with County's request for alternate offset. In the event that OHA and County are unable to agree on which specific amounts, owed to County by OHA, OHA may offset in order to recover the amount of the Misexpenditure, then the OHA may select the particular contracts or agreements between OHA and County and amounts from which it will recover the amount of the Misexpenditure, after providing notice to the County, and within the following limitations: OHA shall first look to amounts owed to County (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to County by OHA. In no case, without the prior consent of County, shall OHA deduct from any one payment due County under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Misexpenditure. (4) Additional Provisions related to parties rights/obligations with respect to Underexpenditures, Overexpenditures and Misexpenditures. a. County shall cooperate with OHA in the Agreement Settlement process. b. OHA's right to recover Underexpenditures, Overexpenditures and Misexpenditures from County under this Agreement is not subject to or conditioned on County's recovery of any money from any other entity. c. If the exercise ofOHA's right to offset under this provision requires the County to complete a re -budgeting process, nothing in this provision shall be construed to prevent the County from fully complying with its budgeting procedures and obligations, or from implementing decisions resulting from those procedures and obligations. d. Nothing in this provision shall be construed as a requirement or agreement by the County to negotiate and execute any future contract with OHA. e. Nothing in this Section shall be construed as a waiver by either party of any process or remedy that might otherwise be available. 2. Use of Financial Assistance. County shall use the financial assistance disbursed to County under this Agreement solely to cover actual Allowable Costs reasonably and necessarily incurred to deliver Services during the term of this Agreement. 3. Award Adjustments a. County may use funds awarded in a Program Area to cover actual Allowable Costs reasonably and necessarily incurred to deliver Services in that Program Area, from the effective date of this Agreement through the termination or expiration of this Agreement, in addition to the financial assistance provided to County under this Agreement expressly for those Services, up to 10 percent of the aggregate financial assistance awarded to County at the time the use occurs (as such award is reflected in the Financial Assistance Award without giving effect to any prior adjustments under this Section 3 and other than from Federal Funds) for other Services in that Program 134309 Deschutes County OI -IA 11-13 GT0217-I1 Approved 5/9/2011 181 of220 Area (other than financial assistance provided to County for MHS 30, MHS 26, MHS 27, MHS 201, MHS 37 -Start -Up, A&D 71, A&D 61, A&D 60 -Start -Up, A&D 80, A&D 81 and A&D 82 which is not subject to this 10 percent use adjustment). If County uses financial assistance described in the Financial Assistance Award in reliance on this Section 3.a, County shall promptly notify in writing of such use. b. Financial Assistance disbursed to County under this Agreement (other than financial assistance disbursed to County for A&D 81 and A&D 82) that County would be entitled to retain if used prior to the termination or expiration of this Agreement (as calculated in accordance with the methodologies set forth in the applicable Service Descriptions), may be retained by County even if not used prior to the termination or expiration of this Agreement provided that other provisions of this Agreement do not require the financial assistance to be used by County prior to termination or expiration of this Agreement and provided further that County uses the financial assistance solely to deliver future Services in the specified Program Area. 4. Appointment of County Financial Assistance Administrator. County shall, by a duly adopted order or resolution of the County Board of Commissioners or County Court ("Authorizing Resolution"), appoint a County officer to administer this Agreement ("County Financial Assistance Administrator"). The Authorizing Resolution shall authorize the County Financial Assistance Administrator to amend the Financial Assistance Award on behalf of County, by execution and delivery of amendments to this Agreement in the name of County in hard copy, or electronically. The Authorizing Resolution may authorize the County Financial Assistance Administrator to authorize others to take one or more of the foregoing actions on behalf of County. Unless the Authorizing Resolution clearly vests such authority in the County Financial Assistance Administrator, OHA will not treat the County Financial Assistance Administrator as authorized to amend, on behalf of County, any part of this Agreement other than the Financial Assistance Award absent further authorization from the County Board of Commissioners or County Court. County shall furnish OHA with a copy of the Authorizing Resolution. County shall immediately notify OHA if the County Board of Commissioners or County Court revokes or alters the Authorizing Resolution. if County chooses to name a new County Financial Assistance Administrator, County shall adopt a new Authorizing Resolution and promptly furnish a copy thereof to OHA. 5. Amendments Proposed by OHA. a. Amendments of Financial Assistance Award. County shall review all proposed amendments to the Financial Assistance Award prepared and presented to County by OHA in accordance with this Section 5.a. promptly after County's receipt thereof. Amendments to the Financial Assistance Award will be presented to County in electronic form. OHA may withdraw a proposed amendment by and effective upon written notice to County.. If not sooner accepted or rejected by County, or withdrawn by OHA, a proposed amendment shall be deemed rejected by County 60 days after County's receipt thereof and OHA's offer to amend the Financial Assistance Award shall be automatically revoked. If County chooses to accept a proposed amendment presented in electronic form, County shall return the proposed amendment to OHA signed by the County Financial Assistance Administrator. Upon OHA's actual physical receipt and signature of a proposed amendment signed by the County Financial Assistance Administrator but otherwise unaltered, the proposed amendment shall be considered accepted by the parties and the Financial Assistance Award as 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 182 of 220 amended by the proposed amendment, shall become the Financial Assistance Award under this Agreement. If County returns a proposed amendment altered in any way (other than by signature of the County Financial Assistance Administrator), OHA may, in its discretion, accept the proposed amendment as altered by County but only if the County Financial Assistance Administrator has initialed each alteration. A proposed amendment altered by County and returned to OHA shall be considered accepted by OHA on the date OHA initials each alteration and on that date the Financial Assistance Award, as amended by the proposed amendment (as altered), shall become the Financial Assistance Award b. Other Amendments. County shall review all proposed amendments to this Agreement prepared and presented to County by OHA, other than those described in Section 5.a. of this Exhibit, promptly after County's receipt thereof. If County does not accept a proposed amendment within 60 days of County's receipt thereof, County shall be deemed to have rejected the proposed amendment and the offer to amend the Agreement, as set forth in the proposed amendment, shall be automatically revoked. If County chooses to accept the proposed amendment, County shall return the proposed amendment to OHA signed by a duly authorized County official. Upon OHA's actual physical receipt and signature of a proposed amendment signed by a duly authorized County official but otherwise unaltered, the proposed amendment shall be considered accepted by the parties and this Agreement shall be considered amended as set forth in the accepted amendment. If County returns a proposed amendment altered in any way (other than by signature of a duly authorized County official), OHA may, in its discretion, accept the proposed amendment as altered by County but only if a duly authorized County official has initialed each alternation. A proposed amendment altered by County and returned to OHA shall be considered accepted by OHA on the date OHA initials each alteration and on that date this Agreement shall be considered amended as set forth in the accepted amendment. 6. Provider Contracts. Except when the Service Description expressly requires the Service or a portion thereof to be delivered by County directly and subject to Section 7 of this Exhibit E, County may use financial assistance provided under this Agreement for a particular Service to purchase that Service, or a portion thereof, from a third person or entity (a "Provider") through a contract (a "Provider Contract"). Subject to Section 7 of this Exhibit E, County may permit a Provider to purchase the Service, or a portion thereof, from another person or entity under a subcontract and such subcontractors shall also be considered Providers for purposes of this Agreement and the subcontracts shall be considered Provider Contracts under this Agreement. County shall not permit any person or entity to be a Provider unless the person or entity holds all licenses, certificates, authorizations and other approvals required by applicable law to deliver the Service. Except for MHS 20 emergency services, if County purchases a Service, or portion thereof, from a Provider, the Provider Contract must be in writing and contain each of the provisions set forth on Exhibit H, in substantially the form set forth therein, in addition to any other provisions that must be included to comply with applicable law, that must be included in a Provider Contract under the terms of this Agreement or that are necessary to implement Service delivery in accordance with the applicable Service Descriptions, Specialized Service Requirements and special conditions. County shall maintain an originally executed copy of each Provider Contract at its office and shall furnish a copy of any Provider Contract to OHA upon request. County may purchase MHS 20 emergency services according to County's policies and pay for these services upon receipt of an 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 183 of 220 itemized invoice, purchase order, or other proper billing instrument evidencing the services rendered, or by a Provider Contract containing the provisions set forth in Exhibit H, if required by County policy. 7. Provider Monitoring. County shall monitor each Provider's delivery of Services and promptly report to OHA when County identifies a deficiency in a Provider's delivery of a Service or in a Provider's compliance with the Provider Contract between the Provider and County. County shall promptly take all necessary action to remedy any identified deficiency. County shall also monitor the fiscal performance of each Provider and shall take all lawful management and legal action necessary to pursue this responsibility. In the event of a deficiency in a Provider's delivery of a Service or in a Provider's compliance with the Provider Contract between the Provider and County, nothing in this Agreement shall limit or qualify any right or authority OHA has under state or federal law to take action directly against the Provider. 8. Alternative Formats and Translation of Written Materials, Interpreter Services. In connection with the delivery of Services, County shall: a. Make available to a Client, without charge to the Client, upon the Client's or OHA's request, any and all written materials in alternate, if appropriate, formats as required by OHA's administrative rules or by OHA's written policies made available to County. b. Make available to a Client, without charge to the Client, upon the Client's or OHA's request, any and all written materials in the prevalent non-English languages in the area served by County's CMHP. c. Make available to a Client, without charge to the Client, upon the Client's or OHA's request, oral interpretation services in all non-English languages in the area served by County's CMHP. d. Make available to Clients with hearing impairment, without charge to the Client, upon the Client's or OHA'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 Provider Contracts related to this Agreement. 9. Reporting Requirements. If County delivers a Service directly, County shall prepare and furnish the following information to OHA when that Service is delivered: a. Client, Service and financial information as specified in the Service Description. b. All additional information and reports that OHA reasonably requests. 10. Operation of CMHP. County shall operate or contract for the operation of a CMHP during the term of this Agreement. If County uses funds provided under this Agreement for a particular Service, County shall include that Service in its CMHP from the date it begins using the funds for that Service until the earlier of (a) termination or expiration of this Agreement, (b) termination by OHA of OHA's obligation to provide financial assistance for that Service in accordance with Section 8 of Exhibit F or (c) termination by the County, in accordance with Section 8 of Exhibit F, of County's obligation to include in its CMHP a Program Area that includes that Service. 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 184 of 220 11. OHA Reports. a. To the extent resources are available to OHA to prepare and deliver the information, OHA shall, during the term of this Agreement, provide County with the following reports: (1) Summary reports to County and County's Providers from CPMS data and other Client data reported to OHA under this Agreement; and (2) Monthly reports to County that detail disbursement of financial assistance under the Financial Assistance Award for the delivery of Services. b. OHA shall prepare and send to each Provider to whom OHA makes direct payments on behalf of County under this Agreement during a calendar year, an IRS Form 1099 for that year specifying the total payments made by OHA to that Provider. 12. Technical Assistance. During the term of this Agreement, OHA shall provide technical assistance to County in the delivery of Services to the extent resources are available to OHA for this purpose. If the provision of technical assistance to the County concerns a Provider, OHA may require, as a condition to providing the assistance, that County take all action with respect to the Provider reasonably necessary to facilitate the technical assistance. 13. Payment of Certain Expenses. if OHA requests that an employee of County or a Provider or a citizen of County attend OHA training or an OHA conference or business meeting and County has obligated itself to reimburse the individual for travel expenses incurred by the individual in attending the training or conference, OHA may pay those travel expenses on behalf of County but only at the rates and in accordance with the reimbursement procedures set forth in the Oregon Accounting Manual (www.oregon.gov/DAS/SCD/SARS/policies/oam/ 10.35.00.PR.pdf?ga=t) as of the date the expense was incurred and only to the extent that OHA determines funds are available for such reimbursement. 14. Effect of Amendments Reducing Financial Assistance. If County and OHA amend this Agreement to reduce the amount of financial assistance awarded for a particular Service, County is not required by this Agreement to utilize other County funds to replace the funds no longer received under this Agreement as a result of the amendment and County may, from and after the date of the amendment, reduce the quantity of that Service included in its CMHP commensurate with the amount of the reduction in financial assistance awarded for that Service. Nothing in the preceding sentence shall affect County's obligations under this Agreement with respect to financial assistance actually disbursed by OHA under this Agreement or with respect to Services actually delivered. 15. Resolution of Disputes over Additional Financial Assistance Owed County After Termination or Expiration. If, after termination or expiration of this Agreement, County believes that OHA disbursements of financial assistance under this Agreement for a particular Service are Tess than the amount of financial assistance that OHA is obligated to provide to County under this Agreement for that Service, as determined in accordance with the applicable financial assistance calculation methodology, County shall provide OHA with written notice thereof. OHA shall have 90 calendar days from the effective date of County's notice to pay County in full or notify County that it wishes to engage in a dispute resolution process. If OHA notifies County that it wishes to engage in a dispute resolution process, County and OHA's Deputy Director for Addictions and Mental Health Services 134309 Deschutes County OHA 1I-13GT0217-11 Approved 5/9/2011 185 or 220 Division shall engage in non-binding discussion to give OHA an opportunity to present reasons why it believes that it does not owe County any additional financial assistance or that the amount owed is different than the amount identified by County in its notices, and to give County the opportunity to reconsider its notice. If OHA and County reach agreement on the additional amount owed to County, OHA shall promptly pay that amount to County. if OHA and County continue to disagree as to the amount owed, the parties may agree to consider further appropriate dispute resolution processes, including, subject to Department of Justice and County Counsel approval, binding arbitration. Nothing in this Section shall preclude the County from raising underpayment concerns at any time prior to termination or expiration of this Agreement under Section 16 below. 16. Alternative Dispute Resolution. The parties should attempt in good faith to resolve any dispute arising out of this agreement. This may be done at any management level, including at a level higher than persons directly responsible for administration of the agreement. In addition, the parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 17. Nothing in this Agreement shall cause or require County or OHA to act in violation of state or federal constitutions, statutes, regulations or rules. The parties intend this limitation to apply in addition to any other limitation in this Agreement, including limitations in Section 1 of this Exhibit E. 134309 Deschutes Count OHA 11-13 GT0217-I 1 Approved 5/9/2011 186 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT F STANDARD TERMS AND CONDITIONS 1. Governing Law, Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between the parties that arise from or relate to this Agreement shall be brought and conducted solely and exclusively within a circuit court in the State of Oregon of proper jurisdiction. THE PARTIES, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENT TO THE IN PERSONAM JURISDICTION OF SAID COURTS. Except as provided in this section, neither party waives any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. The parties acknowledge that this is a binding and enforceable Agreement and, to the extent permitted by law, expressly waive any defense alleging that either party does not have the right to seek judicial enforcement of this Agreement. 2. Compliance with Law. Both parties shall comply with laws, regulations and executive orders to which they are subject and which are applicable to the Agreement or to the delivery of Services. Without limiting the generality of the foregoing. Both parties expressly agree to comply with the following laws, regulations and executive orders to the extent they are applicable to the Agreement: (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 OHA related to Community Mental Health Programs, as may be revised; (c) all state laws requiring reporting of Client 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. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Agreement and required by law to be so incorporated. All employers, including County and OHA 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. 3. Independent Contractors. The parties agree and acknowledge that their relationship is that of independent contracting parties and that County is not an officer, employee, or agent of the State of Oregon as those terms are used in ORS 30.265 or otherwise. 4. Representations and Warranties. a. County represents and warrants as follows: 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 187 of 220 (1) Organization and Authority. County is a political subdivision of the State of Oregon duly organized and validly existing under the laws of the State of Oregon. County has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder. (2) Due Authorization. The making and performance by County of this Agreement (a) have been duly authorized by all necessary action by County and (b) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of County's charter or other organizational document and (c) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which County is a party or by which County may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by County of this Agreement. Binding Obligation. This Agreement has been duly executed and delivered by County and constitutes a legal, valid and binding obligation of County, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. (4) Services. To the extent services are performed by County, the delivery of each Service will comply with the terms and conditions of this Agreement and meet the standards for such Service as set forth herein, including but not limited to, any terms, conditions, standards and requirements set forth in the Financial Assistance Award and applicable Service Description. b. OHA represents and warrants as follows: (3) (1) Organization and Authority. OHA has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder. (2) Due Authorization. The making and performance by OHA of this Agreement (a) have been duly authorized by all necessary action by OHA and (b) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency and (c) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which OHA is a party or by which OHA may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by OHA of this Agreement, other than approval by Department of Justice if required by law. Binding Obligation. This Agreement has been duly executed and delivered by OHA and constitutes a legal, valid and binding obligation of OHA, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. c. Warranties Cumulative. The warranties set forth above are in addition to, and not in lieu of, any other warranties provided. (3) 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/2011 188 01 220 5. Ownership of Intellectual Property. a. Except as otherwise expressly provided herein, or as otherwise required by state or federal law, OHA will not own the right, title and interest in any intellectual property created or delivered by County or a Provider in connection with the Services. With respect to that portion of the intellectual property that the County owns, County grants to OHA a perpetual, worldwide, non-exclusive, royalty -free and irrevocable license, subject to any provisions in the Agreement that restrict or prohibit dissemination or disclosure of information, to (1) use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the intellectual property, (2) authorize third parties to exercise the rights set forth in Section 5.a.(1) on OHA's behalf, and (3) sublicense to third parties the rights set forth in Section 5.a.(1). b. If state or federal law requires that OHA or County grant to the United States a license to any intellectual property, or if state or federal law requires that OHA or the United States own the intellectual property, then County shall execute such further documents and instruments as OHA may reasonably request in order to make any such grant or to assign ownership in the intellectual property to the United States or OHA. To the extent that OHA becomes the owner of any intellectual property created or delivered by County in connection with the Services, OHA will grant a perpetual, worldwide, non-exclusive, royalty -free and irrevocable license, subject to any provisions in the Agreement that restrict or prohibit dissemination or disclosure of information, to County to use, copy, distribute, display, build upon and improve the intellectual property. c. County shall include in its Provider Contracts terns and conditions necessary to require that Providers execute such further documents and instruments as OHA may reasonably request in order to make any grant of license or assignment of ownership that may be required by federal or state law. 6. County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein. b. Any representation, warranty or statement made by County herein or in any documents or reports made in connection herewith or relied upon by OHA to measure the delivery of Services, the use or expenditure of financial assistance or the performance by County is untrue in any material respect when made; c. County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or 134309 Deschutes County OHA 11-13 GT0217-1 I Approved 5/9/2011 189 or220 d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding -up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect). e. The delivery of any Service fails to comply with the terms and conditions of this Agreement or fails to meet the standards for Service as set forth herein, including but not limited to, any terms, condition, standards and requirements set forth in the Financial Assistance Award and applicable Service Description. 7. OHA Default. OHA shall be in default under this Agreement upon the occurrence of any of the following events: a. OHA fails to perforin, observe or discharge any of its covenants, agreements, or obligations set forth herein; or b. Any representation. warranty or statement made by OHA herein or in any documents or reports made in connection herewith or relied upon by County to measure performance by OHA is untrue in any material respect when made. 8. Termination. a. County Termination. County may terminate this Agreement in its entirety or may terminate its obligation to include a particular Program Area in its CMHP: (1) For its convenience, upon at least three calendar months advance written notice to OHA, with the termination effective as of the first day of the month following the notice period; (2) Upon 45 days advance written notice to OHA, if County does not obtain funding, appropriations and other expenditure authorizations from County's governing body, federal, state or other sources sufficient to permit County to satisfy its performance obligations under this Agreement, as determined by County in the reasonable exercise of its administrative discretion. Upon 30 days advance written notice to OHA, if OHA is in default under this Agreement and such default remains uncured at the end of said 30 day period or such longer period, if any, as County may specify in the notice; or (4) Immediately upon written notice to OHA, if Oregon statutes or federal laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a way that County no longer has the authority to meet its obligations under this Agreement. b. OHA Termination. OHA may terminate this Agreement in its entirety or may terminate its obligation to provide financial assistance under this Agreement for one or more particular Services described in the Financial Assistance Award: (3) 134309 Deschutes County OHA 1 1-13 GT0217-I 1 Approved 5/9/2011 190 of 220 (1) For its convenience, upon at least three calendar months advance written notice to County, with the termination effective as of the first day of the month following the notice period. (2) Upon 45 days advance written notice to County, if OHA does not obtain funding, appropriations and other expenditure authorizations from federal, state or other sources sufficient to meet the payment obligations of OHA under this Agreement, as determined by OHA in the reasonable exercise of its administrative discretion. Notwithstanding the preceding sentence, OHA may terminate this Agreement in its entirety or may terminate its obligation to provide financial assistance under this Agreement for one or more particular Services, immediately upon written notice to County or at such other time as it may determine if action by the Oregon Legislative Assembly or Emergency Board reduces OHA's legislative authorization for expenditure of funds to such a degree that OHA will no longer have sufficient expenditure authority to meet its payment obligations under this Agreement, as determined by OHA in the reasonable exercise of its administrative discretion, and the effective date for such reduction in expenditure authorization is less than 45 days from the date the action is taken. (3) Immediately upon written notice to County if Oregon statutes or federal laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a way that OHA no longer has the authority to meet its obligations under this Agreement or no longer has the authority to provide the financial assistance from the funding source it had planned to use. (4) Upon 30 days advance written notice to County, if County is in default under this Agreement and such default remains uncured at the end of said 30 day period or such longer period, if any, as OHA may specify in the notice. Immediately upon written notice to County, if any license or certificate required by law or regulation to be held by County or a Provider to deliver a Service described in the Financial Assistance Award is for any reason denied, revoked, suspended, not renewed or changed in such a way that County or a Provider no longer meets requirements to deliver the Service. This termination right may only be exercised with respect to the particular Service or Services impacted by loss of necessary licensure or certification. (6) Immediately upon written notice to County, if OHA determines that County or any of its Providers have endangered or are endangering the health or safety of a Client or others. c. OHA and County agree that this Agreement extends to September 1, 2013, but only for the purpose of amendments to adjust the allocated budget (Exhibit C) for Services performed, or not performed, by County during the 2011-2013 biennium and prior to July 1, 2013. If there is more than one amendment modifying Exhibit C, the amendment shall be applied to Exhibit C in the order in which the amendments are executed by County and OHA. In no event is the County authorized to provide any Services under this Agreement, and County is not required to provide any Services under this Agreement, after June 30, 2013. (5) 134309 Deschutes County OIIA 11-13 GT0217-I I Approved 5/9/2011 191 of 220 9. Effect of Termination. a. Entire Agreement. 0) Upon termination of this Agreement in its entirety, OHA shall have no further obligation to pay or disburse financial assistance to County under this Agreement, whether or not OHA has paid or disbursed to County all financial assistance described in the Financial Assistance Award except (a) with respect to funds described in the Financial Assistance Award, to the extent OHA's disbursement of financial assistance for a particular Service, the financial assistance for which is calculated on a rate per unit of service or service capacity basis, is less than the applicable rate multiplied by the number of applicable units of Service or Service capacity of that type performed or made available from the effective date of this Agreement through the termination date, and (b) with respect to funds described in the Financial Assistance Award, to the extent OHA's disbursement of financial assistance for a particular Service, the financial assistance for which is calculated on a cost reimbursement basis, is less than the cumulative actual Allowable Costs reasonably and necessarily incurred with respect to delivery of that Service, from the effective date of this Agreement through the termination date. (2) Upon termination of this Agreement in its entirety, County shall have no further obligation under this Agreement to operate a CMHP. b. Individual Program Area or Service. (1) Upon termination of OHA's obligation to provide financial assistance under this Agreement for a particular Service, OHA shall have no further obligation to pay or disburse any financial assistance to County under this Agreement for that Service, whether or not OHA has paid or disbursed to County all financial assistance described in the Financial Assistance Award for that Service except (a) with respect to funds described in the Financial Assistance Award and if the financial assistance for that Service is calculated on a rate per unit of service or service capacity basis, to the extent that OHA's prior disbursement of financial assistance for that Service is less than the applicable rate multiplied by the number of applicable units of Service or Service capacity of that type performed or made available during the period from the first day of the period for which the funds were awarded through the earlier of the termination of OHA's obligation to provide financial assistance for that Service or the last day of the period for which the funds were awarded, and (b) with respect to funds described in the Financial Assistance Award and if the financial assistance for that Service is calculated on a cost reimbursement basis, to the extent that OHA's prior disbursement of financial assistance for that Service is less than the cumulative actual Allowable Costs reasonably and necessarily incurred by County with respect to delivery of that Service, during the period from the effective date of this Agreement through the termination of OHA's obligation to provide financial assistance for that Service. (2) Upon termination of OHA's obligation to provide financial assistance under this Agreement for a particular Service, County shall have no further obligation under this Agreement to include that Service in its CMHP. 134309 Deschutes Countv OHA 11-13 GT0217-11 Approved 5/9/2011 192 of 220 (3) Upon termination of County's obligation to include a Program Area in its CMHP, OHA shall have (a) no further obligation to pay or disburse financial assistance to County under this Agreement for Local Administration (LA01) of Services in that Program Area whether or not OHA has paid or disbursed to County all financial assistance described in the Financial Assistance Award for local administration of Services in that Program Area and (b) no further obligation to pay or disburse any financial assistance to County under this Agreement for Services in that Program Area, whether or not OHA has paid or disbursed to County all financial assistance described in the Financial Assistance Award for those Services except (1) with respect to funds described in the Financial Assistance Award, to the extent OHA's disbursement of financial assistance for a particular Service falling within that Program Area, the financial assistance for which is calculated on a rate per unit of service or service capacity basis, is less than the applicable rate multiplied by the number of applicable units of Service or Service capacity of that type performed or made available during the period from the effective date of this Agreement through the termination of County's obligation to include the Program Area, in which that Service falls, in County's CMHP, and (2) with respect to funds described in the Financial Assistance Award, to the extent OHA's disbursement of financial assistance for a particular Service falling within that Program Area, the financial assistance for which is calculated on a cost reimbursement basis, is less than the cumulative actual Allowable Costs reasonably and necessarily incurred by County with respect to delivery of that Service, during the period from the effective date of this Agreement through the termination of County's obligation to include the Program Area, in which that Service falls, in County's CMHP. (4) Upon termination of County's obligation to include a Program Area in its CMHP, County shall have no further obligation under this Agreement to include that Program Area in its CMHP. c. Disbursement Limitations. Notwithstanding subsections (a) and (b) above: (1) Under no circumstances will OHA be obligated to provide financial assistance to County for a particular Service in excess of the amount awarded under this Agreement for that Service as set forth in the Financial Assistance Award; and (2) Under no circumstances will OHA be obligated to provide financial assistance to County from funds described in the Financial Assistance Award in an amount greater than the amount due County under the Financial Assistance Award for Services, as determined in accordance with the financial assistance calculation methodologies in the applicable Services Descriptions. d. Survival. Exercise of a termination right set forth in Section 8 of this Exhibit F or expiration of this Agreement in accordance with its terms, shall not affect County's right to receive financial assistance to which it is entitled hereunder, as described in subsections (a) and (b) above and as determined through the Agreement Settlement process, or County's right to invoke the dispute resolution processes under Sections 14 and 15 of Exhibit E. Notwithstanding subsections (a) and (b) above, exercise of the termination rights in Section 8 of this Exhibit F or expiration of this Agreement in accordance with its terms, shall not affect County's obligations under this Agreement 134309 Deschutes County OHA 11-13 G10217-11 Approved 5/9/2011 193 01'220 or OHA's right to enforce this Agreement against County in accordance with its terms, with respect to financial assistance actually disbursed by OHA under this Agreement, or with respect to Services actually delivered. Specifically, but without limiting the generality of the preceding sentence, exercise of a termination right set forth in Section 8 of this Exhibit F or expiration of this Agreement in accordance with its terms shall not affect County's representations and warranties, reporting obligations, record-keeping and access obligations, confidentiality obligations, obligation to comply with applicable federal requirements, the restrictions and limitations on County's use of financial assistance actually disbursed by OHA hereunder, County's obligation to cooperate with OHA in the Agreement Settlement process, or OHA's right to recover from County, in accordance with the terms of this Agreement, any financial assistance disbursed by OHA under this Agreement that is identified as an Underexpenditure, Overexpenditure or Misexpenditure. If a termination right set forth in Section 8 of this Exhibit F is exercised, both parties shall make reasonable good faith efforts to minimize unnecessary disruption or other problems associated with the termination. 10. Limitation of Liabilities. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE TERMINATION OF THIS AGREEMENT OR ANY PART HEREOF IN ACCORDANCE WITH ITS TERMS. 11. Insurance. County shall require Providers to maintain insurance as set forth in Exhibit I, which is attached hereto. 12. Records Maintenance, Access and Confidentiality. a. Access to Records and Facilities. OHA, 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 the County that are directly related to this Agreement, the financial assistance provided hereunder, or any Service for the purpose of making audits, examinations, excerpts, copies and transcriptions. In addition, County shall permit authorized representatives of OHA to perform site reviews of all Services delivered by County. b. Retention of Records. County shall retain and keep accessible all books, documents, papers, and records that are directly related to this Agreement, the financial assistance provided hereunder or any Service, for a minimum of six years, or such longer period as may be required by other provisions of this Agreement or applicable law, following the termination or expiration of this Agreement. If there are unresolved audit or Agreement Settlement questions at the end of the applicable retention period, County shall retain the records until the questions are resolved. c. Expenditure Records. County shall document the use and expenditure of all financial assistance paid by OHA under this Agreement. Unless applicable federal law requires County to utilize a different accounting system, County shall create and maintain all use and expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit ORA to verify how the financial assistance paid by OHA under this Agreement was used or expended. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 194 o4'220 d. Client Records. If County delivers a Service directly, County shall create and maintain a Client record for each Client who receives that Service, unless the Service Description precludes delivery of the Service on an individual Client basis and reporting of Service commencement and termination information is not required by the Service Description. The Client record shall contain: (1) Client identification; (2) Problem assessment; (3) Treatment, training and/or care plan; (4) Medical information when appropriate; and (5) Progress notes including Service termination summary and current assessment or evaluation instrument as designated by OHA in administrative rules. County shall retain Client records in accordance with OAR 166-150-0005 through 166-150-0215 (State Archivist). Unless OAR 166-150-0005 through 166-150-0215 requires a longer retention period, Client records must be retained for a minimum of six years from termination or expiration of this Agreement. e. Safeguarding of Client Information. County shall maintain the confidentiality of Client 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 OHA implementing the foregoing laws, and any written policies made available to County by OHA. County shall create and maintain written policies and procedures related to the disclosure of Client information, and shall make such policies and procedures available to OHA for review and inspection as reasonably requested by OHA. 13. Force Majeure. Neither OHA nor County shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, natural causes, or war which is beyond the reasonable control of OHA or County, respectively. Each party shall, however, make all reasonable efforts to remove or eliminate such cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. Each party may terminate this Agreement upon written notice to the other party after reasonably determining that the delay or breach will likely prevent successful performance of this Agreement. 14. Assignment of Agreement, Successors in Interest. a. County shall not assign or transfer its interest in this Agreement without prior written approval of OHA. Any such assignment or transfer, if approved, is subject to such conditions and provisions as OHA may deem necessary. No approval by OHA of any assignment or transfer of interest shall be deemed to create any obligation of OHA in addition to those set forth in the Agreement. b. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns. 15. No Third Party Beneficiaries. OHA and County are the only parties to this Agreement and are the only parties entitled to enforce its terms. The parties agree that County's performance under this Agreement is solely for the benefit of OHA to assist and enable OHA to accomplish its statutory mission. Nothing in this Agreement gives, is intended to 134309 Deschutes County OHA 11-13 GT0217-I 1 Approved 5/9/201 1 195 of 220 give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons any greater than the rights and benefits enjoyed by the general public unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 16. Amendment. No amendment, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties and when required by the Department of Administrative Services and Department of Justice. Such amendment, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The parties, by signature of its authorized representative, hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. 17. Severability. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 18. Notice. Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid to County or OHA at the address or number set forth below, or to such other addresses or numbers as either party may indicate pursuant to this section. Any communication or notice so addressed and mailed shall be effective five (5) days after mailing. Any communication or notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the recipient, or on the next business day, if transmission was outside normal business hours of the recipient. To be effective against OHA, any notice transmitted by facsimile must be confirmed by telephone notice to OHA's Office of Contracts and Procurement (503)945-5818. To be effective against County, any notice transmitted by facsimile must be confirmed by telephone notice to County's Cortrsc+ 5Petidj; 5t - +514, •541- 312 Any communication or notice given by personal delivery shall be effective when actually delivered. Notices to Oregon Health Authority: April D. Barrett or delegate Office of Contracts & Procurement 250 Winter Street NE, Room 306 Salem, OR 97301 Notices to County: 134309 Deschutes County OHA 11-13 GT0217-I I Deschutes County Health Services 2577 NE Courtney Drive Bend, OR 97701 Attn: Nancy England Approved 5/9/2011 196 of 220 19. Headings. The headings and captions to sections of this Agreement have been inserted for identification and reference purposes only and shall not be used to construe the meaning or to interpret this Agreement. 20. Counterparts. This Agreement may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 21. Integration and Waiver. This Agreement, including all Exhibits, constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any other provision. No waiver or consent shall be effective unless in writing and signed by the party against whom it is asserted. 22. Construction. This Agreement is the product of extensive negotiations between OHA and representatives of county governments. The provisions of this Agreement are to be interpreted and their legal effects determined as a whole. An arbitrator or court interpreting this Agreement shall give a reasonable, lawful and effective meaning to the Agreement to the extent possible, consistent with the public interest. 23. Contribution. If any third party makes any claim or brings any action. suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against a party (the "Notified Party") with respect to which the other party ("Other Party") may have liability, the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Either party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which the State is jointly liable with the County (or would be if joined in the Third Party Claim ), the State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the County in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the County on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the State on the one hand and of the County on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding. With respect to a Third Party Claim for which the County is jointly liable with the State (or would be if joined in the Third Party Claim), the County shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the State in such proportion as is 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 197 of 220 appropriate to reflect the relative fault of the County on the one hand and of the State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the County on the one hand and of the State on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The County's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding. 24. County shall take all reasonable steps to cause its Provider(s) that are not units of local government as defined in ORS 190.003, if any, to 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 County's 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. 134309 Deschutes Count\ OHA 11-13 GT0217-11 Approved 5/9/2011 198 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT G REQUIRED FEDERAL TERMS AND CONDITIONS In addition to the requirements of section 2 of Exhibit F, County shall comply with the following federal requirements. For purposes of this Agreement, all references to federal and state laws are references to federal and state laws as they may be amended from time to time. 1. Miscellaneous Federal Provisions. County shall comply and require all Providers to comply with all federal laws, regulations, and executive orders applicable to the Agreement or to the delivery of Services. Without limiting the generality of the foregoing, County expressly agrees to comply and require all Providers to comply with the following laws, regulations and executive orders to the extent they are applicable to the Agreement: (a) Titles VI and VII of the Civil Rights Act of 1964, as amended, (b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, (c) the Americans with Disabilities Act of 1990, as amended, (d) Executive Order 11246, as amended, (e) the Health Insurance Portability and Accountability Act of 1996, (f) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended, (g) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, (h) all regulations and administrative rules established pursuant to the foregoing laws, (i) all other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations, (j) all federal law governing operation of Community Mental Health Programs, including without limitation, all federal laws requiring reporting of Client abuse. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Agreement and required by law to be so incorporated. No federal funds may be used to provide Services in violation of 42 USC 14402. 2. Equal Employment Opportunity. If this Agreement, including amendments, is for more than $10,000, then County shall comply and require all Providers to 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). 3. Clean Air, Clean Water, EPA Regulations. If this Agreement, including amendments, exceeds $100,000 then County shall comply and require all Providers to 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 of facilities included on the EPA List of Violating Facilities. Violations shall be reported to OHA, HHS and the appropriate Regional Office of the Environmental Protection Agency. County shall include and require all Providers to include in all contracts with subcontractors receiving more than $100,000, language requiring the subcontractor to comply with the federal laws identified in this section. 134309 Deschutes County OHA 11-13 GT0217-11 Approved 5/9/2011 199 of 220 4. Energy Efficiency. County shall comply and require all Providers to 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). 5. Truth in Lobbying. The County certifies, to the best of the County's knowledge and belief that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of County, to any person for influencing or attempting to influence an officer or employee of an 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. b. If any funds other than federal appropriated funds have been paid or will 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, the County shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying' in accordance with its instructions. c. The County shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients and subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by section 1352, Title 31,of the U.S. Code. 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. 6. HIPAA Compliance. OHA is a Covered Entity for purposes of the Health Insurance Portability and Accountability Act and the federal regulations implementing the Act (collectively referred to as HIPAA), and in accordance with OAR 125-055-0100 through OAR 125-055-0130. OHA must comply with HIPAA to the extent that any Services or obligations of OHA arising under this Agreement are covered by HIPAA. County shall determine if County is subject to HIPAA in the performance of any Service or other obligations under this Agreement. To the extent that County is subject to HIPAA, County shall comply and require all Providers to comply with the following: a. Privacy and Security Of Individually Identifiable Health Information. 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 Clients which are funded in whole or in part under this Agreement. However, County shall not use or disclose any Individually Identifiable Health Information about specific individuals in a manner that would violate OHA Privacy Rules, OAR 943-014-000 through 943-014-0017. et. seq., or OHA Notice of Privacy Practices, if done by OHA. A copy of the most recent OHA Notice of Privacy 134309 Deschutes Countp OHA I 1-13 GT0217-1 I Approved 5/9/201 1 200 of 220 Practices can be found at htt ://www.dhs.state.or.us/.olicy/admin/privacylist.htm, or may be obtained from OHA. County shall adopt and implement reasonable administrative, physical and technical safeguards to protect the security of Client information consistent with OFIA Security Policies applicable to Information Users, which policies can be found at htt.://www.dhs.state.or.us/•olicv/admin/infosecurit 1ist.htm. b. Data Transactions Systems. If County intends to exchange electronic data transactions with OHA in connection with claims or encounter data, eligibility or enrollment information, authorizations or other electronic transaction, County shall execute an EDI Trading Partner Agreement with OHA and shall comply with OHA EDI Rules. c. Consultation and Testing. If County reasonably believes that the County's or OHA's data transactions system or other application of HIPAA privacy or security compliance policy may result in a violation of HIPAA requirements, County shall promptly consult OHA's Information Security Office. County or OHA may initiate a request for testing of HIPAA transaction requirements, subject to available resources and OHA's testing schedule. 7. Resource Conservation and Recovery. County shall comply and require all Providers to 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 materials identified in guidelines developed by the Environmental Protection Agency. Current guidelines are set forth in 40 CFR Part 247. 8. Audits. a. County shall comply, if applicable, require all Providers 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." b. Sub -recipients 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. 9. Debarment and Suspension. County shall not permit any person or entity to be a Provider if the person or entity is listed on the non -procurement portion of the General Service Administration's "List of Parties Excluded from Federal Procurement or Nonprocurement Programs" in accordance with Executive Orders No. 12549 and No. 12689, "Debarment and Suspension". (See 2 CFR part 180). This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory authority other than Executive Order No. 12549. Providers with awards that exceed the simplified acquisition threshold shall provide the required certification regarding their exclusion status and that of their principals prior to award. 134309 Deschutes County OFIA 1 I-13 GT0217-11 Approved 5/9/201 1 201 of 220 10. Drug -Free Workplace. County shall comply and require all Providers to comply with the following provisions to maintain a drug-free workplace: (i) County certifies that it will provide a drug-free workplace by publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, except as may be present in lawfully prescribed or over-the-counter medications, is prohibited in County's workplace or while providing services to OHA clients. County's notice shall specify the actions that will be taken by County against its employees for violation of such prohibitions; (ii) Establish a drug-free awareness program to inform its employees about: The dangers of drug abuse in the workplace, County's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations; (iii) Provide each employee to be engaged in the performance of services under this Agreement a copy of the statement mentioned in paragraph (i) above; (iv) Notify each employee in the statement required by paragraph (i) above that, as a condition of employment to provide services under this Agreement, the employee will: abide by the terms of the statement, and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; (v) Notify OHA within ten (10) days after receiving notice under subparagraph (iv) above from an employee or otherwise receiving actual notice of such conviction; (vi) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by Section 5154 of the Drug -Free Workplace Act of 1988; (vii) Make a good -faith effort to continue a drug- free workplace through implementation of subparagraphs (i) through (vi) above; (viii) Require any Provider to comply with subparagraphs (i) through (vii) above; (ix) Neither County, or any of County's employees, officers, agents or Provider may provide any service required under this Agreement while under the influence of drugs. For purposes of this provision, "under the influence" means: observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the County or County's employee, officer, agent or Provider or has used a controlled substance, prescription or non-prescription medication that impairs the County or County's employee, officer, agent or Provider's performance of essential job function or creates a direct threat to OHA clients or others. Examples of abnormal behavior include, but are not limited to: hallucinations, paranoia or violent outbursts. Examples of impairments in physical or mental performance include, but are not limited to: slurred speech, difficulty walking or performing job activities; (x) Violation of any provision of this subsection may result in termination of this Agreement. 11. Pro -Children Act. County shall comply and require all Providers to comply with the Pro - Children Act of 1994 (codified at 20 USC section 6081 et. seq.). 12. Medicaid Services. To the extent County provides any Service whose costs are paid in whole or in part by Medicaid, County shall comply with all applicable federal and state laws and regulation pertaining to the provision of Medicaid Services under the Medicaid Act, Title XIX, 42 USC Section 1396 et. Seq., including without limitation: a. Keep such records as are necessary to fully disclose the extent of services provided to individuals receiving Medicaid assistance and shall furnish information to any state or federal agency responsible for administering the Medicaid program regarding any payments claimed by such person or institution for providing Medicaid Services as 134309 Deschutes County OHA 11-13 GT0217-1 1 Approved 5/9/2011 202 of 220 the state or federal agency may from time to time request. 42 USC Section 1396a(a)(27); 42 CFR 431.107(b)(1) & (2). b. Comply with all applicable disclosure requirements set forth in 42 CFR 1002.3(a) and 42 CFR 455 Subpart (B). c. Maintain written notices and procedures respecting advance directive in compliance with 42 USC Section 1396(a)(57) and (w), 42 CFR 431.107(b)(4), and 42 CFR 489 subpart 1. d. Certify when submitting any claim for the provision of Medicaid Services that the information submitted is true, accurate and complete. County shall acknowledge County's understanding that payment of the claim will be from federal and state funds and that any falsification or concealment of a material fact may be prosecuted under federal and sate laws. e. Entities receiving $5 million or more annually (under this Agreement and any other Medicaid Agreement) for furnishing Medicaid health care items or services shall, as a condition of receiving such payments, adopt written fraud, waste and abuse policies and procedures in compliance with Section 6032 of the Deficit Reduction Act of 2005. 42 USC § 1396a(a)(68). 13. ADA. County shall comply with Title 11 of the Americans with Disabilities Act of 1990 (codified at 42 USC 12131 et. seq.) 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. 14. Agency -Based Voter Registration. County shall comply with the Agency -based Voter Registration sections of the National Voter Registration Act of 1993 which require voter registration opportunities to be offered where an individual may apply for or receive an application for public assistance. 15. Special Federal Requirements Applicable to Addiction Services. a. Women's Services. if County provides A&D 61 or A&D 62 Services, County must: (1) Treat the family as a unit and admit both women and their children if appropriate. (2) Provide or arrange for the following services to pregnant women and women with dependent children: (a) Primary medical care, including referral for prenatal care; (b) Pediatric care, including immunizations, for their children; (c) Gender -specific treatment and other therapeutic interventions, e.g. sexual and physical abuse counseling, parenting training, and child care; (d) Therapeutic interventions for children in custody of women in treatment, which address, but are not limited to, the children's developmental needs and issues of abuse and neglect; and 134309 Deschutes County onA 11-13 GT0217-I Approved 5/9/2011 203 of 220 (e) Appropriate case management services and transportation to ensure that women and their children have access to the services in (a) through (d) above. b. Pregnant Women. If County provides any A&D Services other than A&D 70 Services, County must: (1) Within the priority categories, if any, set forth in a particular Service Description, give preference in admission to pregnant women in need of treatment who seek, or are referred for, and would benefit from, such Services; (2) Perform outreach to inform pregnant women of the availability of treatment Services targeted to them and the fact that pregnant women receive preference in admission to these programs; If County has insufficient capacity to provide treatment Services to a pregnant woman, refer the women to another Provider with capacity or if no available treatment capacity can be located, refer the women to OHA's Addictions and Mental Health Division for referral to another provider in the state. If capacity cannot be located, AMH will make available interim services within 48 hours, including a referral for prenatal care. c. Intravenous Drug Abusers. If County provides any A&D Services other than A&D 70 Services. County must: (3) (1) Within the priority categories, if any, set forth in a particular Service Description and subject to the preference for pregnant women described above, give preference in admission to intravenous drug abusers; (2) Programs that receive funding under the grant and that treat individuals for intravenous substance abuse, upon reaching 90 percent of its capacity to admit individuals to the program, must provide notification of that fact to the State within seven days. If County receives a request for admission to treatment from an intravenous drug abuser, County must, unless it succeeds in referring the individual to another Provider with treatment capacity , admit the individual to treatment not later than: (3) (a) 14 days after the request for admission to County is made; or (b) 120 days after the date of such request if no Provider has the capacity to admit the individual on the date of such request and, if interim Services are made available not less than 48 hours after such request (4) For purposes of (3) above, "Interim Services" means: (a) Services for reducing the adverse health effects of such abuse, for promoting the health of the individual, and for reducing the risk of transmission of disease, including counseling and education about HIV and tuberculosis, the risks of needle sharing, the risks of transmission of disease to sexual partners and infants, and steps that can be taken to ensure that HIV and tuberculosis transmission does not occur; (b) Referral for HIV or TB treatment Services, where necessary; and 134309 Deschutes County OFIA II -136T0217 -1l Approved 5/9/201 I 204 of 220 (c) Referral for prenatal care if appropriate, until the individual is admitted to a Provider's Services. (d) If County treats recent intravenous drug users (those who have injected drugs within the past year) in more than one-third of its capacity, County shall carry out outreach activities to encourage individual intravenous drug abusers in need of such treatment to undergo treatment, and shall document such activities. d. Infectious Diseases. If County provides any A&D Services other than A&D 70 Services, County must: (1) Complete a risk assessment for infectious disease including Human Immunodeficiency Virus (HIV) and tuberculosis, as well as sexually transmitted diseases, based on protocols established by OHA, for every individual seeking Services from County; and (2) Routinely make tuberculosis services available to each individual receiving Services for alcohol/drug abuse either directly or through other arrangements with public or non-profit entities and, if County denies an individual admission on the basis of lack of capacity, refer the individual to another provider of tuberculosis Services. (3) For purposes of (2) above, "tuberculosis services" means: (a) Counseling the individual with respect to tuberculosis; (b) Testing to determine whether the individual has contracted such disease and testing to determine the form of treatment for the disease that is appropriate for the individual; and (c) Appropriate treatment services. e. OHA Referrals. If County provides any A&D Services other than A&D 70 services, County must, within the priority categories, if any, set forth in a particular Service Description and subject to the preference for pregnant women and intravenous drug users described above, give preference in A&D service delivery to persons referred by OHA. f. Barriers to Treatment. Where there is a barrier to delivery of an A&D Service due to culture, gender, language, illiteracy, or disability, County shall develop support services available to address or overcome the barrier, including: (1) Providing, if needed, hearing impaired or foreign language interpreters. (2) Providing translation of written materials to appropriate language or method of communication. (3) Providing devices that assist in minimizing the impact of the barrier. (4) Not charging clients for the costs of measures, such as interpreters, that are required to provide nondiscriminatory treatment. g. Misrepresentation. County shall not knowingly or 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 OHA. 134309 Deschutes County OIIA 11-13 GT0217-I1 Approved 5/9/2011 205 of 220 h. Oregon Residency. A&D Services funded through this Agreement may only be provided to residents of Oregon. Residents of Oregon are individuals who live in Oregon. There is no minimum amount of time an individual must live in Oregon to qualify as a resident so long as the individual intends to remain in Oregon. A child's residence is not dependent on the residence of his or her parents. A child living in Oregon may meet the residency requirement if the caretaker relative with whom the child is living is an Oregon resident. i. Tobacco Use. If County has A&D Services treatment capacity that has been designated for children, adolescents, pregnant women, and women with dependent children, County must implement a policy to eliminate smoking and other use of tobacco at the facilities where the Services are delivered and on the grounds of such facilities. J• Client Authorization. County must comply with 42 CFR Part 2 when delivering an Addiction Service that includes disclosure of Client information for purposes of eligibility determination. County must obtain Client authorization for disclosure of billing information, to the extent and in the manner required by 42 CFR Part 2, before a Disbursement Claim is submitted with respect to delivery of an Addiction Service to that individual. 17. Community Mental Health Block Grant. All funds, if any, awarded under this Agreement for MHS 20, MHS 22, MHS 37 or MHS 38 Services are subject to the federal use restrictions and requirements set forth in Catalog of Federal Domestic Assistance Number 93.958 and to the federal statutory and regulatory restrictions imposed by or pursuant to the Community Mental Health Block Grant portion of the Public Health Services Act, 42 USC 300x-1 et. seq., and County shall comply with those restrictions. 18. Substance Abuse Prevention and Treatment. To the extent County provides any Service whose costs are paid in whole or in part by the Substance Abuse, Prevention, and Treatment Block Grant, County shall comply with federal rules and statutes pertaining to the Substance Abuse, Prevention, and Treatment Block Grant, including the reporting provisions of the Public Health Services Act (42 USC 300x through 300x-66). Regardless of funding source, to the extent County provides any substance abuse prevention or treatment services, County shall comply with the confidentiality requirements of 42 CFR Part 2. 134309 Deschutes County Approved 5/9/2011 206 of220 OHA 11-13 GT0217-11 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT H REQUIRED PROVIDER CONTRACT PROVISIONS 1. Expenditure of Funds. Provider may expend the funds paid to Provider under this Contract solely on the delivery of , subject to the following limitations (in addition to any other restrictions or limitations imposed by this Contract): a. Provider may not expend on the delivery of any funds paid to Provider under this Contract in excess of the amount reasonable and necessary to provide quality delivery of b. If this Contract requires Provider to deliver more than one service, Provider may not expend funds paid to Provider under this Contract for a particular service on the delivery of any other service. c. If this Contract requires Provider to deliver alcohol, drug abuse and addiction services, Provider may not use the funds paid to Provider under this Contract for such services: (1) (2) (3) To provide inpatient hospital services; To make cash payments to intended recipients of health services; 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); 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. Provider may expend funds paid to Provider under this Contact only in accordance with federal OMB Circular A-87 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 Provider that are directly related to this Contract, the funds paid to Provider hereunder, or any services delivered hereunder for the purpose of making audits, examinations, excerpts, copies and transcriptions. In addition, Provider shall (5) 134309 Deschutes County OHA 11-13 GT0217-11 ApproNed 5/9/2011 207 of 220 permit authorized representatives of County and the Oregon Health Authority to perform site reviews of all services delivered by Provider hereunder. b. Retention of Records. Provider shall retain and keep accessible all books, documents, papers, and records, that are directly related to this Contract, the funds paid to Provider hereunder or to any services delivered hereunder, for a minimum of 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, Provider shall retain the records until the questions are resolved. c. Expenditure Records. Provider shall document the expenditure of all funds paid to Provider under this Contract. Unless applicable federal law requires Provider to utilize a different accounting system, Provider 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 Provider under this Contract were expended. d. Client Records. Unless otherwise specified in this Contract, Provider shall create and maintain a client record for each client who receives services under this Contract. The client record must contain: (5) Client identification; Problem assessment; Treatment, training and/or care plan; Medical information when appropriate; and Progress notes including service termination summary and current assessment or evaluation instrument as designated by the Oregon Health Authority in administrative rules. Provider shall retain client records in accordance with OAR 166-150-0005 through 166-150-0215 (State Archivist). Unless OAR 166-150-0005 through 1 16-150-0215 requires a longer retention period, client records must be retained for a minimum of six years from termination or expiration of this contract. e. Safeguarding of Client Information. Provider shall maintain the confidentiality of client 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 Provider by County or by the Oregon Health Authority. Provider shall create and maintain written policies and procedures related to the disclosure of client 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. 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), Provider shall enroll in CPMS, each client receiving a service under this Contract and maintain that client's CPMS 134309 Deschutes Counts O1 -1A 11-13 GT0217-1 1 Approved 5/9/2011 208 of 220 record as specified in the CPMS manual available at http://www.oregon.g_ov/OHA/mentalhealth/publications/main.shtm1 3. Alternative Formats of Written Materials. In connection with the delivery of Services, Provider shall: a. Make available to a Client, without charge to the Client, upon the Client'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 Provider. b. Make available to a Client, without charge to the Client, upon the Client'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 Provider. c. Make available to a Client, without charge to the Client, upon the Client's, County's or the Oregon Health Authority's request, oral interpretation services in all non- English languages in the area served by Provider. d. Make available to a Client with hearing impairments, without charge to the Client, upon the Client'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 provider contracts related to this Agreement. 4. Reporting Requirements. Provider shall prepare and furnish the following information to County and the Oregon Health Authority when a service is delivered under this Contract: a. Client, service and financial information as specified in the applicable service description attached hereto and incorporated herein by this reference. b. All additional information and reports that County or the Oregon Health Authority reasonably requests. 5. Compliance with Law. Provider 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, Provider 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 client 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 Provider, 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 134309 Deschutes County Approved 5/9/2011 209 of220 OHA 11-13 GT0217-1 l ORS 656.126. In addition, Provider shall comply, as if it were County thereunder, with the federal requirements set forth in Exhibit G to the certain 201 1-2013 Intergovernmental Agreement for the Financing of Community Addictions and Mental Health Services between County and the Oregon Health Authority dated as of , 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 Provider is a State of Oregon governmental agency, Provider 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, Provider 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 Provider, including but not limited to the activities of Provider or its officers, employees, subcontractors or agents under this Contract. 8. Provider understands that Provider 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. Provider 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. First tier Provider(s) that are not units of local government as defined in ORS 190.003 shall obtain, at Provider'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 , which Exhibit is incorporated herein by this reference. 11 Provider(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 Provider from and against any and all Claims 12. Provider shall include sections 1 through 10, in substantially the form set forth above, in all permitted Provider Contracts under this Agreement. 134309 Deschutes County OHA 11-13 GT0217-1 1 Approved 57912011 210 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT I PROVIDER INSURANCE REQUIREMENTS County shall require its first tier Providers(s) that are not units of local government as defined in ORS 190.003, if any, to: i) obtain insurance specified under TYPES AND AMOUNTS and meeting the requirements under ADDITIONAL INSURED, "TAIL" COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and CERTIFICATES OF INSURANCE before the Providers perform under contracts between County and the Providers (the "Provider Contracts"), and ii) maintain the insurance in full force throughout the duration of the Provider Contracts. The insurance must be provided by insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to OHA. County shall not authorize Providers to begin work under the Provider Contracts until the insurance is in full force. Thereafter, County shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. County shall incorporate appropriate provisions in the Provider Contracts permitting it to enforce Provider compliance with the insurance requirements and shall take all reasonable steps to enforce such compliance. Examples of "reasonable steps" include issuing stop work orders (or the equivalent) until the insurance is in full force or terminating the Provider Contracts as permitted by the Provider Contracts, or pursuing legal action to enforce the insurance requirements. In no event shall County permit a Provider to work under a Provider Contract when the County is aware that the Provider is not in compliance with the insurance requirements. As used in this section, a "first tier" Provider is a Provider with whom the County directly enters into a Provider Contract. It does not include a subcontractor with whom the Provider enters into a contract. TYPES AND AMOUNTS. 1. WORKERS COMPENSATION. Insurance in compliance with ORS 656.017, which requires all employers that employ subject workers, as defined in ORS 656.027, to provide workers' compensation coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Employers Liability insurance with coverage limits of not less than $500,000 must be included. 2. PROFESSIONAL LIABILITY z Required by OHA I Not required by OHA. Professional Liability Insurance covering any damages caused by an error, omission or negligent act related to the services to be provided under the Provider Contract, with limits not less than the following, as determined by OHA, or such lesser amount as OHA approves in writing: 134309 Deschutes County OHA 11-13 GT0217-I1 Approved 5/9/2011 211 of 220 Z Per occurrence for all claimants for claims arising out of a single accident or occurrence: Provider Contract not -to -exceed under this Agreement: Required Insurance Amount: $0 - $1,000,000. $1,000,000. $1,000,001. - $2,000,000. $2,000,000. $2,000,001. - $3,000,000. $3,000,000. In excess of $3,000,001. $4,000,000. 3. COMMERCIAL GENERAL LIABILITY ® Required by OHA Not required by OHA. Commercial General Liability Insurance covering bodily injury, death, and property damage in a form and with coverages that are satisfactory to OHA. This insurance shall include personal injury liability, products and completed operations. Coverage shall be written on an occurrence form basis, with not less than the following amounts as determined by OHA, or such lesser amount as OHA approves in writing: Bodily Injury, Death and Property Damage: Per occurrence for all claimants for claims arising out of a single accident or occurrence: rovider Contract not -to -exceed under this t Required Insurance Amount: Agreement: $0 - $1,000,000. $1,000,000. $1,000,001. - $2,000,000. $2,000,000. $2,000,001. - $3,000,000. $3,000,000. In excess of $3,000,001. $4,000,000. 4. AUTOMOBILE LIABILITY INSURANCE R Required by OHA [ Not required by OHA. Automobile Liability Insurance covering all owned, non -owned and hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for "Commercial General Liability" and "Automobile Liability"). Automobile Liability Insurance must be in not less than the following amounts as determined by OHA, or such lesser amount as OHA approves in writing: 134309 Deschutes County OHA I1-13GT0217-1I Approved 5/9/2011 212 of 220 Bodily Injury, Death and Property Damage: Per occurrence for all claimants for claims arising out of a single accident or occurrence: Provider Contract not -to -exceed under this Agreement: Required Insurance Amount: $0 - $1,000,000. $1,000,000. $1,000,001. - $2,000,000. $2,000,000. $2,000,001. - $3,000,000. $3,000,000. In excess of $3,000,001. $4,000,000. 5. ADDITIONAL INSURED. The Commercial General Liability insurance and Automobile Liability insurance must include the State of Oregon, its officers, employees and agents as Additional Insureds but only with respect to the Provider's activities to be performed under the Provider Contract. Coverage must be primary and non-contributory with any other insurance and self-insurance. 6. "TAIL" COVERAGE. If any of the required insurance policies is on a "claims made" basis. such as professional liability insurance, the Provider shall maintain either "tail" coverage or continuous "claims made" liability coverage, provided the effective date of the continuous "claims made- coverage is on or before the effective date of the Provider Contract, for a minimum of 24 months following the later of : (i) the Provider's completion and County 's acceptance of all Services required under the Provider Contract or, (ii) the expiration of all warranty periods provided under the Provider Contract. Notwithstanding the foregoing 24 -month requirement, if the Provider elects to maintain "tail"" coverage and if the maximum time period "tail- coverage reasonably available in the marketplace is less than the 24 -month period described above, then the Provider may request and OHA may grant approval of the maximum "tail " coverage period reasonably available in the marketplace. If OHA approval is granted, the Provider shall maintain "tail" coverage for the maximum time period that "tail" coverage is reasonably available in the marketplace. 7 NOTICE OF CANCELLATION OR CHANGE. The Provider or its insurer must provide 30 days' written notice to County before cancellation of, material change to, potential exhaustion of aggregate limits of, or non -renewal of the required insurance coverage(s). 8. CERTIFICATE(S) OF INSURANCE. County shall obtain from the Provider a certificate(s) of insurance for all required insurance before the Provider performs under the Provider Contract. The certificate(s) or an attached endorsement must specify: i) all entities and individuals who are endorsed on the policy as Additional Insured and ii) for insurance on a "claims made"" basis, the extended reporting period applicable to "tail" or continuous "claims made" coverage. 134309 Deschutes County_ OHA 11-13 GT0217-1 I Approved 5/9/2011 213 (>1.220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT J START-UP PROCEDURES A&D Special Projects (AD 60 -Start -Up) MHS Special Projects (MHS 37 -Start -Up) INTRODUCTION Start -Up funds are awarded for expenses necessary to begin, expand, or improve services. These expenses are distinct from routine operating expenses incurred in the course of providing ongoing services. Start -Up funds are typically disbursed prior to initiation of services. Funds are used to cover costs such as employee salaries and training, furnishings and supplies, renovation of facilities under $5,000, and purchase of vehicles and other capital items that will be needed to provide the services planned and delivered at the specified sites. Requirements for Start -Up Payment Payment of Start -Up funds is subject to the following requirements and any special conditions which are specified in Exhibit C. 1. Basis and Method of Payment a. Funds are paid for actual allowable expenses up to the limit specified for Start - Up. Allowable expenses for each service element are limited to those listed under Allowable Start -Up Expenditures in this Exhibit J. OHA must approve payment for all Start -Up funds. b. After execution of the Contract or any amendment(s) awarding Program Start -Up funds, County may request an advance of funds it anticipates using in the subsequent 120 days. Ordinarily, OHA will not release funds earlier than 90days prior to the projected first day of service. However, under justifiable circumstances, OHA may release funds earlier. c. A request for payment of Start -Up funds may only be made using forms and procedures prescribed by OHA. Special instructions are applicable as follows: (1) 134309 Deschutes Counts OHA 11-13 GT0217-11 When OHA Start -Up funds in the amount of $1,000 and above are to be used for purchase of a vehicle, as security for the County's performance of its obligations under this Agreement, the County grants to the OHA a security interest in, all of the County's right, title, and interest in and to the goods, i.e. the vehicle. The County agrees that from time to time, at its expense, the County will promptly execute and deliver all further Approved 5/9/2011 214 of 220 instruments and documents, and take all further action, that may be necessary or desirable, or that the OHA may reasonably request, in order to perfect and protect the security interest granted under this Agreement or to enable the OHA to exercise and enforce its rights and remedies under this Agreement with respect to the vehicle. County must forward a copy of the title registration application showing Addictions and Mental Health Division as the Security Interest Holder to OHA within five (5) days of the acquisition from the seller. File Security Interest Holder information as follows: Oregon Health Authority Addictions and Mental Health Division 500 Summer Street NE, E86 Salem, OR 97301 (2) When County requests payment of Start -Up funds, the request must be made on forms prescribed by OHA. 2. Special Written Approval Authorizations When using Start -Up funds the following circumstances require special written authorization from OHA prior to acquisition. These circumstances should be communicated to OHA within 14 days of the anticipated acquisition date. a. WHEN LEASING: (1) Acquisition of real property, vehicles or capital items pursuant to a Lease; (2) Acquisition of real property, vehicles, or capital items where another party, in addition to OHA, will also become a secured party (lienholder) at the time of acquisition; Renovations or alterations of real property where County is not the owner of the property and OHA has no security interest in the property. (3) b. OTHER: (1) A change in the intended use of Start -Up funds or a change in the amount or date of anticipated acquisition indicated on County's request for payment of Start -Up funds, for those acquisitions requiring OHA's interest to be secured. 3. Release of Payments Following review and approval of County's request for payment of Start -Up funds and any ancillary documentation, OHA will issue an advance of funds to County as applicable. These funds will generally be issued as a separate check on a weekly basis; however, requests processed in time for the monthly allotment process will be included in the allotment. The request for funds should be communicated to OHA within 14 days of 134309 Deschutes County_ OHA 11-13 GT0217-I I Approved 5/9/2011 215 of 220 the anticipated acquisition date. Approval of special requests will be made on a limited basis only. County will keep a copy of all Requests for Payment of Start -Up funds and report actual expenditures to OHA on the same form using procedures prescribed by OHA. 4. Start -Up Expenditure Documentation Maintained by County County shall maintain an Expenditure Report for Start -Up payments. County also is responsible for requiring its Providers to comply with expenditure reporting requirements and furnishing evidence of filing OHA's security interest on applicable items. OHA may inspect these reports. The reports must include the following by service element: a. The amount advanced; b. The amount expended on each allowable category, and the amount expended on each item listed as required in section 2 above and pre -approved by OHA; c. Copies of all Provider Contracts awarding Start -Up funds. Such Provider Contracts must require Providers to have executed dedicated use agreements and the other security documentation described in this Exhibit J. County must maintain supporting documentation for all expenditures (i.e., receipts). 5. Expenditure Reports to OHA County must submit Start -Up expenditure reports separately for each OHA Start -Up request. Expenditure reports are due within 90 days following the effective date of the award, or within 60 days of termination or expiration of the Agreement. County shall report actual expenditure of Start -Up funds, using forms and procedures prescribed by OHA, and forward expenditure reports to OHA. 6. Recovery of Start -Up Funds In the event County fails to submit an expenditure report when due for itself or its Provider(s), fails to submit security interests, vehicle titles, or other instrument as required by OHA to secure the State's interest, or reports unauthorized expenditures, or reports under expenditures without accompanying repayment, OHA may act, at its option, to recover Start -Up funds as follows: a. Bill County for subject funds; b. Following 30 days nonresponse to the billing, initiate an allotment reduction schedule against any current payments or advances being made to County; or c. Take other action needed to obtain payment. 134309 Deschutes Count\ OHA 11-13 GT0217-1 1 Approved 5/9/2011 216 of 220 7. Dedicated Use Requirement Vehicles costing $1,000 or more must be used to provide the service for which OHA approved the Start -Up funds. Dedicated use must continue for the useful life of the vehicle or five years whichever is less. 8. Removal of Liens The following steps describe the process for removal of liens: a. To release a vehicle title on which OHA is listed security interest holder, County or any of its' Providers, must make a request in writing to OHA. The request must specify why the vehicle is being disposed of and the intended use of any funds realized from the transaction. If approved, the original title is signed off by OHA and forwarded to County. 134309 Deschutes County OHA 11-13GT0217-I I Approved 5/9/2011 217 of 220 ALLOWABLE START-UP EXPENDITURES Addictions and Mental Health Division Policies: Start -Up funds: 1. Must be expended consistent with County's request for payment of Start -Up funds, and/or any required itemized budget, as approved by OHA. 2. Must be expended only for items and services listed below. 3. Must not be used for personnel costs, facility costs (as defined below) or equipment lease costs (including vehicle leases) in any month in which the provider receives OHA-funded service payments, or room and board payments for clients. If, however, some or all clients in a new program are not enrolled when a program opens, and this delay results in a loss of service payment or room and board revenue, Phase -In funds may be used to make up for those lost revenues up to 30 days. 4. Are subject to dedicated use requirements and other procedures for securing the State's interest, as described within this Exhibit J. Exceptions to the policies stated above and/or the itemized list below must be approved in writing by AMH. Allowable Costs (includes costs incurred during client trial visits) 1. Personnel Costs: Costs for personnel hired to work at program/facility incurred prior to the date clients are enrolled. a. Salaries and wages; b. OPE costs; and c. Professional contract services (e.g., Psychiatrist, Specialized Treatment Providers, etc.). 2. Facility Costs: a. Lease/mortgage payments and deposits; b. Property taxes and maintenance fees not included in, lease or mortgage payments; c. Utility costs, including hook-up fees; or, d. Equipment rental costs. 3. Program Staff Training: a. Training materials; b. Training fees; c. Trainer fees; and d. Travel costs (excluding out of state). 134309 Deschutes County Approved 5/9/2011 218 of 220 OHA 11-13 GT0217-I1 4. Services and Supplies: a. Program and office supplies; b. Initial supplies of food, maintenance, and housekeeping items; or c. Initial insurance premiums, (general, liability, and professional liability insurance; 5. Capital Outlay a. Furnishings and equipment appropriate for the type of service being provided, e.g., household furnishings and appliances for residential programs. work-related equipment for vocational programs; b. Technical or adaptive equipment needed by clients but not available through the Adult and Family Services (client medical card), Vocational Rehabilitation, or other appropriate service agency; c. Office furnishings and equipment proportionate to size of residential program/staff being implemented; d. Vehicle purchases or down payment; lease payments and deposits; as well as costs for purchase and/or installation of necessary adaptive equipment such as lifts or ramps; e. Renovation of real property costing less than $5,000. 134309 Deschutes County (OHA 11-13 GT0217-11 Approved 5/9/2011 219 of 220 2011-2013 INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING OF COMMUNITY ADDICTIONS AND MENTAL HEALTH SERVICES EXHIBIT K Catalogue of Federal Domestic Assistance (CFDA) Number Listing 134309 Deschutes Count: OHA 11-13 GT0217-11 Approved 5/9/2011 220 of 220 Deschutes County Service Description # Service Description Name Vendor or Sub-recjpient All Funding Sources CFDA #(s) MHS 01 Local Administration - Mental Health Services Vendor Medicaid General Fund 93.778 A&D 03 A&D 60 Local Administration - Addictions Services (Problem Gambln. Special Prtiects Lottery N/A A&D 61 Adult Alcohol and Drug Residential Treament _ N/A A&D 62 Housing Services For Dependent Children Whose Parents are in Alcohol and Drug Residential Treatment N/A A&D 63 Peer Delivered Services N/A A&D 66 Continuum of Care Services Sub -recipient OLCC - 20 OLCC - 40 IDPF - Outpatient SAPT Block Grant General Fund 93.959 A&D 67 Alcohol and Drug Residential Capacity Services N/A A&D 70 Prevention Services Sub -recipient OLCC - 40 SAPT Block Grant General Fund 93.959 A&D 71 Youth Alcohol and Drug Residential Treatment Services Drug Treatment Court Services N/A N/A A&D 72 A&D 73 Integrated Co-Occuring Disorders (COD) Treatment Services N/A A&D 80 Problem Gambling Prevention Services Lottery A&D 81 Problem Gambling Treatment Services Lottery _ A&D 82 MHS 20 Problem Gambling Special Pro.ects Non -Residential Mental Health Services For Adults - General Sub -recipient Vendor N/A CMHS Block Grant Medicaid General Fund General Fund Match 93.958 93.778 2011-2013 Exhibit K Deschutes County Deschutes County Service Description # Service Description Name Vendor or Sub -recipient All Funding Sources CFDA #(s) MHS 22 Child and Adolescent Mental Health Services Sub -recipient Vendor CMHS Block Grant Medicaid General Fund General Fund Match 93.958 93.778 MHS 24 Regional Acute Psychiatric Inpatience Services General Fund MHS 25 Community Crisis Services for Adults and Children General Fund MHS 26 Non Residential Youth and Young Adults Mental Health Services In Transition (Designated) N/A MHS 27 Residential Mental Health Treatment Services for Youth and Young Adults In Transition N/A MHS 28 Residential Treatment Services Vendor Medicaid General Fund Match General Fund 93.778 MHS 30 Community Treatment and Supervision Services for Individuals Under the Jurisdiction of the Adult and Juvenile Panels of the Psychiatric Security Review Boards General Fund MHS 31 Enhanced Care/Enhanced Care Outreach Services Vendor Medicaid General Fund Match 93.778 MHS 34 Adult Foster Care Services Vendor Medicaid General Fund General Fund Match 93.778 MHS 35 Older/Disability Adult Mental Health Services General Fund MHS 36 Pre -Admission Screening and Resident Review Services Vendor Medicaid General Fund Match 93.778 MHS 37 MHS Special Projects General Fund MHS 38 Evidence -Based Supported Employment Services General Fund MHS 39 Projects For Assistance In Transition From Homelessness (PATH) Services N/A MHS 201 Non -Residential Mental Health Services For Adults (Designated) General Fund 2011-2013 Exhibit K Deschutes County For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Appointing a Financial Assistance Administrator for Deschutes County Health Services and Authorizing the County Administrator to Approve Related Contracts. * * RESOLUTION NO. 2011-021 WHEREAS, Deschutes County, acting through the Health Services Department will enter into contracts for the provision of health services and the performance of physical health, behavioral health, developmental disability and addiction services and environmental health services and the agreement between the State of Oregon and Deschutes County requires that the County appoint a Financial Assistance Administrator; and WHEREAS, the Financial Assistance Administrator should be a person knowledgeable about the available public health, environmental health and behavioral health services and capable of dealing with a large volume of transactions in a timely manner; now therefore: BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Scott Johnson, the Director of the Deschutes County Health Services Department, is duly appointed as the Deschutes County Financial Assistance Administrator with respect to contracts pertaining to the Health Services Department. Such appointment shall continue in effect so long as Scott Johnson is an employee of the Deschutes County Health Services Department and until a successor is appointed. Section 2. By Board policy, the Financial Assistance Administrator is authorized to perform the functions of such appointment and is charged with authorizing contracts as set forth in the Health Services Department Financial Assistance Contract, Biennial Plan and Strategic Plan, as adopted by the Board. The Health Services Department includes the Behavioral Health, and Public Health divisions. The Financial Assistance Administrator may sign on behalf of the Health Services Department contracts, subcontracts with third party service providers, contract amendments, grants, and intergovernmental agreements, which do not exceed a dollar amount of $50,000, and documents with no fiscal implications. Section 3. The County Administrator may sign all contracts, subcontracts with third party service providers, contract amendments, grants and intergovernmental agreements, in excess of $50,000 but not to exceed $150,000. PAGE 1 OF 2 - RESOLUTION NO. 2011-021 DATED this ...C—clay of ATTEST: , 2011. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 2 — RESOLUTION NO. 2011-021 Certificate of Self-insurance This is to certify that Deschutes County, Oregon is a self-insured entity pursuant to ORS 30.282 and has established a self-insured fund against liability and property damage arising out of any tort claims against its programs, officers, agents, employees and volunteers acting within the scope of their employment. This coverage is applicable under any Deschutes County agreement. Please refer inquiries to: Deschutes County Risk Management Erik Kropp, Risk Manager (541) 388-6584 Judy Sumners, Claims Coordinator (541) 385-1749 Ken Harms, Loss Prevention Specialist (541) 617-4747 1300 NW Wall St., Ste. 200, Bend, OR 97701 no expiration March 4, 2011 Department of Administrative Services Erik Kropp, Deputy County Administrator 1300 NW Wall St, Suite 200 • Bend, Oregon 97701 (541 ) 388-6584 • FAX (541] 385-3202 www.deschutes.or.us To whom it may concern, The purpose of this letter is to certify that Deschutes County, Oregon, is and has been since at least 1990, a self-insured entity pursuant to ORS 30.282 and has established a self-insurance fund for liability arising out of any tort claims against any of its programs, officers, agents, employees and volunteers acting within the scope of their employment during this period. This coverage is applicable under any Deschutes County agreement. Sincerely, Erik Kropp Deputy County Administrator Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner