HomeMy WebLinkAboutPrental Expansion Project - DHSDeschutes 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 April 2, 2008
Please see directions for completing this document on the next page.
DATE: March 26, 2008
FROM: Dan Peddycord Health Phone # 322-7426
TITLE OF AGENDA ITEM:
Consideration and signature of Document # DC -2008-150 - An agreement between the State
Department of Human Services (DHS) and the Deschutes County Health Department for the Perinatal
Expansion project.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Other States have been approved to provide prenatal care for Citizen Alien Waived Emergency
Medical (CAWEM) eligible women and Oregon Department of Human Services applied for a
waiver from the Federal government and was approved to conduct a pilot program in two Counties
(Multnomah and Deschutes). The funding strategy uses a County provided match (in our case
$25,000) to leverage Federal State Children's Health Insurance Program (SCHIP) funds which are
used to fund the extension of prenatal care to the CAWEM eligible population in the designated
County. The County acts as the managed care provider and authorizes care provided by the
hospital, lab, radiology, and consulting specialist physicians. The prenatal care in our County has
been provided by the HealthyStart Prenatal program, but if this pilot is successful it could assist the
program with long term sustainability. No new staff need to be hired.
FISCAL IMPLICATIONS:
The County would pay $25,000 up front from the HealthyStart contingency for the priviledge of
enrolling an estimated 271 women in Oregon Health Plan over a 15 month pilot project.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document # DC -2008-150, agreement between the State Department of
Human Services (DHS) and the Deschutes County Health Department for the Perinatal Expansion
project. is requested; recommending the County commit to the Perinatal Expansion Project and pay the
required $25,000 to participate.
ATTENDANCE: Dan Peddycord (and Kate Moore)
DISTRIBUTION OF DOCUMENTS:
Janna Starr, Special Projects Unit, Division of Medical Assistance Programs, Oregon Department of
Human Services, 500 Summer St. NE, Salem, Oregon, 97301, 503-947-1193; and to Jill Fox Health
Dept., 2577 NE Courtney Dr., Bend, OR 97701, 322-7478.
Kate Moore
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
March 26, 2008
Contact Person: 1Dan Peddycord
Department:
E-Iealth
Phone #:
541-322-7426
Contractor/Supplier/Consultant Name: Oregon Department of Human Services, Janna
Starr, Special Projects Unit, Division of Medical Assistance Programs, 503-947-1193.
Goods and/or Services:
Expansion of Oregon Health Plan Plus to include (CAWEM) Citizen Alien Waived Emergency
Medical coverage to include eligible Deschutes County resident women in order to cover the
prenatal portion of their medical care for the benefit of their unborn fetus (who the State is
considering a future OHP client).
Background & History:
Other States have been approved to provide prenatal care for Citizen Alien Waived Emergency
Medical (CAWEM) eligible women and Oregon Department of Human Services applied for a
waiver from the Federal government and was approved to conduct a pilot program in two
Counties (Multnomah and Deschutes). The funding strategy uses a County provided match (in
our case $25,000) to leverage Federal State Children's Health Insurance Program (SCHIP) funds
which are used to fund the extension of prenatal care to the CAWEM eligible population in the
designated County. The County acts as the managed care provider and authorizes care provided
by the hospital, lab, radiology, and consulting specialist physicians. The prenatal care in our
County has been provided by the HealthyStart Prenatal program, but if this pilot is successful it
could assist the program with long term sustainability.
Agreement Starting Date:
April 1, 2008
Annual Value or Total Payment:
$25,000
Ending Date:
June 30, 2008
7 Insurance Certificate Received check box) N/A
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
X 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
Departmental Contact:
Title:
Maternal Child Health Manager
Phone #:
322-7422
3/26/2008
Department Director Approval: G—=- id 3-2.0
Signa 'ire Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
County Signature Required (check one): ❑ BOCC
❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date
Document Number
r
3/26/2008
regon
Theodore R. Kulongoski, Governor
Agreement Number 124410
Department of Human Services
Administrative Services
Office of Contracts & Procurement
500 Summer Street NE, E-03
Salem, OR 97301-1080
(503) 945-5818
Purchasing Fax (503) 373-7365
Contracts Fax (503) 373-7889
TTY (503) 947-5330
)rDHS
regon DePParlmrnt
of Human Service+
State of Oregon
Intergovernmental Agreement
CAWEM Prenatal Expansion Piot Project.
In compliance with the Americans with Disabilities Act, this document is
available in alternate formats such as Braille, large print, audiotape, oral
presentation and electronic format. To request an alternate format, please
send an e-mail to DHS.Forms@state.or.us or contact the Office of
Document Management at (503) 378-3523, and TTY at 503-378-3523.
This Agreement is between the State of Oregon, acting by and through its Department of Human
Services, hereinafter referred to as "DHS," and
Deschutes County Health Department
hereinafter referred to as "County".
Work to be performed under this Agreement relates principally to the DHS'
Division of Medical Assistance Programs
500 Summer St. NE
Salem, Oregon, 97301
"Assisting People to Become Independent, Healthy and Safe"
An Equal Opportunity Employer
OC _ 2
0
I. EFFECTIVE DATE, DURATION and AMENDMENTS
This Agreement shall become effective on April 1, 2008 regardless of the date all Parties have signed
the Agreement and all governmental approvals have been obtained subject to final approval of the pilot
project by the Centers for Medicare and Medicaid Services. Unless terminated or extended, this
Agreement shall expire on June 30, 2009. Expiration shall not extinguish or prejudice DHS's right to
enforce this Agreement with respect to any breach of County's warranty or any default or defect in
County's performance that has not been cured.
The parties of this Agreement, by mutual consent and contingent on the parties having funding and/or
expenditure authority authorizing the continued operation of the pilot project, may extend the
Agreement for additional periods of time up to a total agreement period of 5 (five) years, and if
applicable, for additional money associated with the extended period(s) of time.
II. BACKGROUND
Under Title XXI of the Social Security Act, the federal government and the states share the cost of
funding the State Children's Health Insurance Program (SCHIP), established by the Balanced Budget
Act of 1997 and targeted at increasing health care coverage among children. Since 2002, federal
SCHIP regulations at 42 CFR § 457.10 permit States to provide covered SCRIP prenatal care services
to unborn children of pregnant CAWEM women in order to ensure the health of the child, and labor
and delivery services. The Department of Human Services (DHS) has submitted a CHIP state plan
amendment to provide these services as a pilot project. When the Centers for Medicare and Medicaid
Services (CMS) approves this amendment to Oregon's State SCHIP Plan, DHS will be able to obtain
federal financial participation for the SCHIP services provided under the pilot project.
DHS received expenditure authority in its 2007-2009 budget for this pilot project, on the basis of
obtaining other funds from the participating county to provide the additional State match associated
with the pilot project. ORS 414.085 permits DHS and County to enter into cooperative agreements to
improve health services access. DHS and the County agree that this intergovernmental Agreement is
within the scope of authority under ORS 414.085 in order to improve the availability of prenatal care
for unborn children whose mothers are Citizen-Alien/Waived Emergency Medical (CAWEM)-eligible
women residing in Deschutes County during pregnancy who participate in the pilot project. County
understands and agrees that commencement and continuation of this pilotproject is only feasible if the
County provides the funds for pm -poses of the additional State match. For purposes of this Agreement,
additional state match refers to the county funding responsibility that is reflected in DHS' 2007-2009
expenditure authority for the pilot project.
By execution of this Agreement, the County certifies that Deschutes County is a unit of government
with general taxing authority, that the Deschutes County Health Department is an integral part of
Deschutes County, and that the funds transferred under this Agreement are not federal funds.
124410jsd Page 2 of 26
2. AGREEMENT DOCUMENTS
a.
This Agreement consists of:
This Agreement without exhibits
Exhibit A, Part 1:
Exhibit A, Part 2:
Exhibit A, Part 3:
Exhibit A, Part 4:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Defwitions (RESERVED)
Statement of Work
Payment and Financial Reporting
Special Terms and Conditions (RESERVED)
Standard Terms and Conditions
Insurance Requirements (RESERVED)
Required Federal Terms and Conditions
Required Subcontractor Provisions (RESERVED)
This Agreement constitutes the entire agreement between the parties on the subject
matter in it. There are no understandings, agreements or representations, oral or
written, regarding this Agreement that are not specified in it.
b. 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 D, (c) Exhibit A, (d) Exhibit B.
3. CONSIDERATION
County agrees to pay DHS the additional State match, not to exceed $75,000.00, in the amount
required to provide State match and obtain Federal Financial Participation for the CAWEM
Prenatal Expansion pilot project, with an initial estimated payment of $25,000.00; and for
DHS' support of this pilot project for the benefit of COUNTY residents, COUNTY
acknowledges good and valuable consideration from DHS the receipt and sufficiency of which
is hereby acknowledged.
4. VENDOR OR SUB -RECIPIENT DETERMINATION
In accordance with the State Controller's Oregon Accounting Manual, policy 30.40.00.102, and
DHS procedure "Contractual Governance", DHS' determination is that:
® County is a sub -recipient:
OR
n County is a vendor.
Catalog of Federal Domestic Assistance (CFDA) #(s) of federal funds to be paid through this
Agreement: 93.767
5. COUNTY DATA AND CERTIFICATION
a. County Tax Identification and Insurance Information. County shall provide County's
federal tax ID number and the additional information set forth below. This information
is requested pursuant to ORS 305.385.
124410jsd Page 3 of26
Please print or type the following information.
If County is self-insured for any of the Insurance Requirements specified in Exhibit C of this
Agreement, County may so indicate by writing "Self -Insured" on the appropriate line(s).
Name (exactly as filed with the IRS)
Address
Telephone: ( ) Facsimile: ( )
Proof of Insurance:
Workers Compensation — Insurance Company
Policy # Expiration Date:
Professional Liability Insurance Company
Policy # Expiration Date:
General Liability Insurance Company
Policy # Expiration Date:
Auto Insurance Company
Policy # Expiration Date:
Federal Tax I.D.#
The above information must be provided prior to Agreement approval. County shall
provide proof of Insurance upon request by DHS or DHS designee. DHS may report
the information set forth above to the Internal Revenue Service (IRS) under the name
and taxpayer identification number provided.
b. Certification. By signature on this Agreement, the undersigned hereby certifies under
penalty of perjury that:
(1) The number shown in Section 5.a. is County's correct taxpayer identification and
all other information provided in Section 5.a. is true and accurate; and
(2) County is not subject to backup withholding because:
(a) County is exempt from backup withholding;
(b) County has not been notified by the IRS that County is subject to backup
withholding as a result of a failure to report all interest or dividends; or
(c) The IRS has notified County that County is no longer subject to backup
withholding.
124410jsd Page 4 of 26
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.
COUNTY: THIS AGREEMENT IS NOT EFFECTIVE PRIOR TO NECESSARY FEDERAL
AND STATE APPROVALS
Approved By County
Authorized Signa ti e Title Date
Approved By DHS
Authorized Signature
Approved for Legal Sufficiency
Title Date
Assistant Attorney General Date
DMAP Program Review
Signature
DHS Contract Specialist
Name (printed) Date
Signature
Name (printed) Date
DATED this Day of 2002
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY (BANEY) MELTON, Commissione
MICHAEL M. DALY, Commissioner
ATTEST:
Recording Secretary
Page 5 of 26
EXHIBIT A
Part 1
Definitions
(RESERVED)
124410jsd Page 6 of 26
EXHIBIT A
Part 2
Statement of Work
Under this Agreement, the parties agree as follows:
1. DHS responsibilities: DHS' responsibility under this Agreement is contingent upon DHS
having sufficient expenditure authority and receiving sufficient funds from COUNTY to
provide the required additional State match for pilot project services.
a. When DHS receives federal approval to be able to claim federal financial participation for
SCHTP services under this pilot, DHS will enroll eligible CAWEM pregnant women
residing in Deschutes County to participate in the SCRIP pilot project on behalf of the
child, and for covered labor and delivery services under the pilot, in accordance with DHS
rules.
b. DHS will assign the child's mother to a Primary Care Manager (PCM). A medical
identification card will be issued by DHS to the child's mother, and the benefit package will
be identified as BMH.
c. The BMH benefit package consists of the OHI' Plus benefit package, except as provided
below. Pilot project services continue until the time the hospital discharges the woman
after the end of the pregnancy, or the CAWEM woman is terminated from participation in
the pilot project, or the pilot project is discontinued. The following services are not covered
for the pilot project:
i) Postpartum care beyond the global payment;
ii) Sterilization;
iii) Abortion;
iv) Death with dignity services; or
v) Hospice Services
d. DHS will gather data sufficient to report progress on benchmarks that were established with
the legislature in connection with this pilot project.
e. Subject to available funds and expenditure authority, DHS will process medical assistance
claims for eligible pilot participants. DHS will monitor enrollment, utilization and
expenditures, and will share aggregate data with the COUNTY for purposes related to this
agreement.
f. DHS will notify the COUNTY not less than sixty (60) days in advance in the event that
additional COUNTY funds will be required to keep up with expenditures for the duration of
this pilot project. COUNTY shall remit the additional COUNTY funds in the amount of
and on the date established by DHS, up to the maximum that may be required under Section
3 (Consideration) of this Agreement.
124410jsd Page 7 of 26
2. COUNTY responsibilities:
a. COUNTY agrees to take financial responsibility for the additional State match portion of
the BMH benefit package services for the pilot provided to a resident of the County during the
period of eligibility as determined by DHS. The COUNTY's financial responsibility is not
limited to services provided by providers employed by or under contract with the COUNTY;
the financial responsibility includes all covered services within the benefit package provided
by a DMAP enrolled provider to an eligible county resident participating in the pilot project.
For purposes of this Agreement, additional state match refers to the county funding
responsibility that is reflected in DHS' 2007-2009 expenditure authority for the pilot project.
b. COUNTY shall be responsible for "Outreach" activities related to the CAWEM Prenatal
Expansion pilot as approved by DHS; and shall report to DHS quarterly on the type of
outreach activities, and their effectiveness.
3. Shared responsibilities of the parties
a. As a pilot project, the parties agree to periodic discussion about the progress and effectiveness
of the pilot, including but not limited to periodic progress reports.
b. This pilot project is presently limited by funding and/or expenditure authority, through June 30,
2009. Unless additional funding and/or expenditure authority are obtained for the pilot, DHS
and COUNTY agree to begin discussion in January 2009 to develop a plan to begin phase-out
of pilot services in a manner that minimizes disruption of health care services within funding
limitations.
124410jsd Page 8 of 26
EXHIBIT A
Part 3
Payment and Financial Reporting
a. COUNTY shall remit to DHS $25,000.00 as an initial portion of the State match required to obtain
Federal Financial Participation for the CAWEM Prenatal Expansion pilot project. The total amount
specified in this paragraph shall be remitted by COUNTY to DHS in one (1) Lump sum within ten days
of receipt of invoice submitted to COUNTY by DHS.
b. COUNTY shall timely remit to DHS such additional payment amounts as specified by DHS for the
additional State match amount required for the ongoing operation of the pilot, consistent with the
obligations but limited by the expenditure limitations in Section 3 (Consideration) of this Agreement.
c. Notwithstanding any other provision of this Agreement, termination or expiration of this Agreement
does not extinguish the COUNTY's financial obligations for services provided under the pilot project
prior to termination or expiration. County financial responsibilities under Exhibit A, Part 2 (Statement
of Work), and this Exhibit A, Part 3 (Payment and Financial Reporting), expressly survive after the
expiration or termination pending delivery of notice to affected recipients and the completion of the
legally required notice period for a notice of action, and the processing and payment of claims for dates
of service prior to the date that termination of the pilot project benefits are legally effective as to
affected recipients.
d. After all pilot expenses have been finalized, DHS will refund to the COUNTY amounts that can be
determined not to have been expended for the purposes of the Agreement.
124410jsd Page 9 of 26
EXHIBIT A
Part 4
Special Terms and Conditions
(RESERVED)
124410jsd Page 10 of 26
EXHIBIT B
STANDARD TERMS & 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 Work. 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 requiring reporting of Client abuse; (c) 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 Work.
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 DHS, 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:
(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
124410jsd Page 11 of26
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.
(3) 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) County has the skill and knowledge possessed by well-informed members of its
industry, trade or profession and County will apply that skill and knowledge
with care and diligence to perform the Work in a professional manner and in
accordance with standards prevalent in County's industry, trade or profession;
(5) County shall, at all times during the term of this Agreement, be qualified,
professionally competent, and duly licensed to perform the Work; and
(6) County prepared its proposal related to this Agreement, if any, independently
from all other proposers, and without collusion, fraud, or other dishonesty.
b. DHS represents and warrants as follows:
(1) Organization and Authority. DHS 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 DHS of this Agreement
(a) have been duly authorized by all necessary action by DHS 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 DHS is a party or by
which DHS 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 DHS of this Agreement, other than approval by the Department
of Justice if required by law.
(3) Binding Obligation. This Agreement has been duly executed and delivered by
DHS and constitutes a legal, valid and binding obligation of DHS, 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 in this section are in addition to, and
not in lieu of, any other warranties provided.
5. Funds Available and Authorized. County certifies that it has sufficient funds currently
authorized for expenditure to finance the costs of this Agreement within the County's current
budget and for the period of County's financial obligations under this Agreement.
DHS certifies that it has sufficient expenditure authority within DHS' current biennial
expenditure limitation to expend the funds it receives from County as the state share to provide
124410jsd Page 12 of 26
the additional State match associated with the pilot project services under this Agreement.
County understands and agrees that DHS' participation under this Agreement is contingent on
DHS receiving sufficient funds from the County and appropriations, limitations, allotments or
other expenditure authority sufficient to allow DHS, in the exercise of its reasonable
administrative discretion, to continue to make expenditures for purposes of the pilot project,
subject to Section 7 below.
6. Recovery of Overpayments. If billings under this Agreement, or under any other Agreement
between County and DHS, result in payments to County to which County is not entitled, DHS,
after giving to County written notification and an opportunity to object, may withhold from
payments due to County such amounts, over such periods of time, as are necessary to recover
the amount of the overpayment, subject to Section 7 below. Prior to withholding, if County
objects to the withholding or the amount proposed to be withheld, County shall notify DHS that
it wishes to engage in dispute resolution in accordance with Section 19 of this Agreement.
7. Nothing in this Agreement shall require County or DHS to act in violation of state or federal
law or the Constitution of the State of Oregon.
8. Ownership of Intellectual Property.
a. Except as otherwise expressly provided herein, or as otherwise required by state or
federal law, DHS will not own the right, title and interest in any intellectual property
created or delivered by County or a subcontractor in connection with the Work. With
respect to that portion of the intellectual property that the County owns, County grants
to DHS 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 8.a.(1) on DHS' behalf, and (3)
sublicense to third parties the rights set forth in Section 8.a.(1).
b. If state or federal law requires that DHS or County grant to the United States a license
to any intellectual property, or if state or federal law requires that the DHS or the United
States own the intellectual property, then County shall execute such further documents
and instruments as DHS may reasonably request in order to make any such grant or to
assign ownership in the intellectual property to the United States or DHS. To the extent
that DHS becomes the owner of any intellectual property created or delivered by
County in connection with the Work, DHS 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 subcontracts terms and conditions necessary to require that
subcontractors execute such further documents and instruments as DHS may reasonably
request in order to make any grant of license or assignment of ownership that may be
required by federal or state law.
124410jsd Page 13 of 26
9. 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 relied upon by DHS to measure the delivery of Work, the expenditure of
payments 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
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).
10. DHS Default. DHS shall be in default under this Agreement upon the occurrence of any of the
following events:
a DHS fails to perform, observe or discharge any of its covenants, agreements, or
obligations set forth herein; or
b. Any representation, warranty or statement made by DHS herein or in any documents or
reports relied upon by County to measure performance by DHS is untrue in any material
respect when made.
11. Termination.
a. County Termination. County may terminate this Agreement:
(1) For its convenience, upon at least 60 days advance written notice to DHS;
(2) Upon 60 days advance written notice to DHS, 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;
(3) Upon 60 days advance written notice to DHS, if DHS is in default under this
Agreement and such default remains uncured at the end of said 60 day period or
124410jsd Page 14 of26
such longer period, if any, as County may specify in the notice; or
(4) Immediately upon written notice to DHS, 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. DHS Termination. DHS may terminate this Agreement:
(1) For its convenience, upon at least 60 days advance written notice to County;
(2) Upon 60 days advance written notice to County, if DHS does not obtain
funding, appropriations and other expenditure authorizations from federal, state
or other sources sufficient to meet the payment obligations of DHS under this
Agreement, as determined by DHS in the reasonable exercise of its
administrative discretion. Notwithstanding the preceding sentence, DHS may
terminate this Agreement, 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 DHS' legislative authorization for expenditure of
funds to such a degree that DHS will no longer have sufficient expenditure
authority to meet its payment obligations under this Agreement, as determined
by DHS 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 DHS
no longer has the authority to meet its obligations under this Agreement or no
longer has the authority to provide payment from the funding source it had
planned to use;
(4) Upon 60 days advance written notice to County, if County is in default under
this Agreement and such default remains uncured at the end of said 60 day
period or such longer period, if any, as DHS may specify in the notice;
(5) Immediately upon written notice to County, if any license or certificate required
by law or regulation to be held by County or a subcontractor to perform the
Work is for any reason denied, revoked, suspended, not renewed or changed in
such a way that County or a subcontractor no longer meets requirements to
perform the Work. This termination right may only be exercised with respect to
the particular part of the Work impacted by loss of necessary licensure or
certification;
(6) Immediately upon written notice to County, if DHS determines that County or
any of its subcontractors have endangered or are endangering the health or
safety of a client or others in performing work covered by this Agreement.
c. Mutual Termination. This Agreement may be terminated immediately upon mutual
written consent of the parties or at such other time as the parties may agree in the
written consent.
124410jsd Page 15 of 26
12. Effect of Termination
a. Entire Agreement.
(1) Upon termination of this Agreement, DHS shall have no further obligation to
pay County under this Agreement.
(2) Upon termination of this Agreement, County shall have no further obligation to
perform Work under this Agreement.
b. Obligations and Liabilities. Notwithstanding Section 12.a., any termination of this
Agreement shall not prejudice any obligations or liabilities of either party accrued prior
to such termination.
13. 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.
15. Records Maintenance; Access. County shall maintain all financial records relating to this
Agreement in accordance with generally accepted accounting principles. In addition, County
shall maintain any other records, books, documents, papers, plans, records of shipments and
payments and writings of County, whether in paper, electronic or other form, that are pertinent to
this Agreement in such a manner as to clearly document County's performance. All financial
records, other records, books, documents, papers, plans, records of shipments and payments and
writings of County whether in paper, electronic or other form, that are pertinent to this
Agreement, are collectively referred to as "Records." County acknowledges and agrees that DHS
and the Oregon Secretary of State's Office and the federal government and their duly authorized
representatives shall have access to all Records to perform examinations and audits and make
excerpts and transcripts. County shall retain and keep accessible all Records for minimum of
six (6) years, or such longer period as may be required by applicable law, following final
payment and termination of this Agreement, or until the conclusion of any audit, controversy or
litigation arising out of or related to this Agreement, whichever date is later. County shall
maintain Records in accordance with the records retention schedules set forth in OAR Chapter
166.
16. Information Privacy/Security/Access.
If the Work performed under this Agreement requires County or its subcontractor(s) to have
access to or use of any DHS computer system or other. DHS Information Asset for which DHS
imposes security requirements, and DHS grants County or its subcontractor(s) access to such
DHS Information Assets or Network and Information Systems, County shall comply and
require all subcontractor(s) to which such access has been granted to comply with OAR 407-
014-0300 through OAR 407-014-0320, as such rules may be revised from time to time. For
purposes of this section, "Information Asset" and "Network and Information System" have the
meaning set forth in OAR 407-014-0305, as such rule may be revised from time to time.
17. Force Majeure. Neither DHS nor County shall be held responsible for delay or default caused
by fire, riot, acts of nature, power outage, government fiat, terrorist acts or other acts of
political sabotage, civil unrest, labor unrest, or war, where such cause is beyond the reasonable
control of DHS or County. 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
124410jsd Page 16 of 26
pursue performance of its obligations under this Agreement. For purposes of this section, an
"act of nature" is a natural occurrence of extraordinary and unprecedented proportions not
foreshadowed by the usual course of nature, whose magnitude and destructiveness could not
have been anticipated or provided against by exercise of ordinary foresight.
18. Assignment of Agreement, Successors in Interest.
a. County shall not assign or transfer its interest in this Agreement without prior written
approval of DHS. Any such assignment or transfer, if approved, is subject to such
conditions and provisions as DHS may deem necessary. No approval by DHS of any
assignment or transfer of interest shall be deemed to create any obligation of DHS 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.
19. Resolution of Disputes, Generally. In the event a dispute arises under this Agreement, either
party may notify the other party that it wishes to engage in a dispute resolution process. Upon
such notification, the parties shall engage in non-binding discussion to resolve the dispute. If
the parties do not reach agreement as a result of non-binding discussion, the parties may agree
to consider further appropriate dispute resolution processes, including, subject to Department of
Justice and County Counsel approval, binding arbitration. The rights and remedies set forth in
the Agreement are not intended to be exhaustive and the exercise by either party of any right or
remedy does not preclude the exercise of any other rights or remedies at law or in equity.
20. Subcontracts. County shall not enter into any subcontracts for any of the Work required by
this Agreement without DHS' prior written consent. In addition to any other provisions DHS
may require, County shall include in any permitted subcontract under this Agreement
provisions to require that DHS will receive the benefit of subcontractor performance as if the
subcontractor were the County with respect to Sections 1, 2, 3, 4, 8, 15, 16, 18, 21, and 23 of
this Exhibit B. DHS' consent to any subcontract shall not relieve County of any of its duties or
obligations under this Agreement.
21. No Third Party Beneficiaries. DHS 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 DHS to assist and enable DHS to accomplish
its statutory mission. Nothing in this Agreement gives, is intended to 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.
22. 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 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.
23. 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
124410jsd Page 17 of 26
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.
24. Survival. Sections 1, 4, 7, 8, 12, 13, 14, 15, 16, 19, 21, 22, 23, 24, 25, 26, 28, and 29 of this
Exhibit B shall survive Agreement expiration or termination as well as those the provisions of
this Agreement that by their context are meant to survive. Agreement expiration or termination
shall not extinguish or prejudice either party's right to enforce this Agreement with respect to
any default by the other party that has not been cured.
25. 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 DHS 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 the other party, any notice transmitted by facsimile must be confirmed by
telephone notice to the other party at number listed below. Any communication or notice given
by personal delivery shall be effective when actually delivered to the addressee.
DHS:
Office of Contracts & Procurement
Department of Human Services
500 Summer St NE, E-03
Salem, OR 97301-1080
Telephone: 503-945-5818
Facsimile Number: 503-378-4324
COUNTY: Deschutes County Health Department
Kate Moore
2577 NE Courtney Dr.
Bend, Oregon 97701
Telephone: 541-322-7422
26. 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.
27. Counterparts. This Agreement and any subsequent amendments 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 and any amendments so executed shall constitute an original.
28. Waiver. 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.
124410jsd Page 18 of26
29. Construction. Reserved
124410jsd Page 19 of 26
EXHIBIT C
(RESERVED)
124410jsd Page 20 of26
EXILEBIT D
REQUIRED FEDERAL TERMS AND CONDITIONS
In addition to any other requirements prescribed in Exhibit A, County shall comply and, as indicated,
require all subcontractors to 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 subcontractors to comply with all federal laws, regulations,
executive orders applicable to the Agreement or to the delivery of Work. Without limiting the
generality of the foregoing, County expressly agrees to comply and require all subcontractors to
comply with the following laws, regulations and executive orders to the extent they are
applicable to the Agreement: (a) Title 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 Work 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 subcontractors 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 subcontractors to comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(b)), 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 (40 CFR Part 32), 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 DHS, HHS and the appropriate Regional
Office of the Environmental Protection Agency. County shall include and require all
subcontractors 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.
124410jsd Page 21 of 26
4. Energy Efficiency
County shall comply and require all subcontractors 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, 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. HIFAA Compliance
If the Work provided under this Agreement are covered by the Health Insurance Portability and
Accountability Act or the federal regulations implementing the Act (collectively referred to as
HJPAA), County agrees to deliver the Work in compliance with HIPAA. Without limiting the
generality of the foregoing, Work funded in whole or in part with payment provided under this
Agreement is covered by HIPAA. County shall comply and require all subcontractors 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 DHS for purposes directly related to the provision of services to
124410jsd Page 22 of 26
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 DHS Privacy Rules, OAR 410-014-0000 et.
seq., or DHS Notice of Privacy Practices, if done by DHS. A copy of the most recent
DHS Notice of Privacy Practices is posted on the DHS web site at
http://www.dhs.state.or.us/policy/admin/infosecuritylist.htm, or may be obtained from
DHS.
b. Data Transactions Systems. If County intends to exchange electronic data
transactions with DHS 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 DHS and shall comply with DHS EDI
Rules.
c. Consultation and Testing. If County reasonably believes that the County's or DHS'
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
the DHS Information Security Office. County or DHS may initiate a request for testing
of HIPAA transaction requirements, subject to available resources and the DHS testing
schedule.
7. Resource Conservation and Recovery
County shall comply and require all subcontractors 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 Parts 247-
253.
8. Audits
a. County shall comply and, if applicable, require a subcontractor 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 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 215. Sub -recipients shall
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 subcontractor 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 45 CFR part
124410jsd Page 23 of 26
76.) 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. Subcontractors 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.
10. Drug -Free Workplace
County shall comply and require all subcontractors to comply with the following provisions to
maintain a drug-free workplace: (a) 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 the DHS Clients. County's notice shall specify the actions that will be
taken by County against its employees for violation of such prohibitions; (b) 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; (c) Provide each employee to be engaged
in the performance of Work under this Agreement a copy of the statement mentioned in
paragraph (a) above; (4) Notify each employee in the statement required by paragraph (a) that,
as a condition of employment to perform Work 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; (5)
Notify DHS within ten (10) days after receiving notice under subparagraph (4) from an
employee or otherwise receiving actual notice of such conviction; (6) 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; (7) Make a good -faith effort to continue a drug-free workplace through implementation
of subparagraphs (a) through (6); (8) Require any subcontractor to comply with subparagraphs
(a) through (7); (9) Neither County, or any of County's employees, officers, agents or
subcontractors may perform any Work 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 subcontractor has used a
controlled substance, prescription or non-prescription medication that impairs the County or
County's employee, officer, agent or subcontractor's performance of essential job function or
creates a direct threat to the DHS 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; (10) Violation of any provision of this subsection may
result in termination of the Agreement.
11. Pro -Children Act
County shall comply and require all subcontractors to comply with the Pro -Children Act of
1994 (codified at 20 USC section 6081 et. seq.).
124410jsd Page 24 of 26
12. Medicaid Services
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 the services provided
to individuals receiving Medicaid assistance and shall furnish such 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
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 disclosure requirements of 42 CFR 1002.3(a) and 42 CFR 455 Subpart
03).
c. Maintain written notices and procedures respecting advance directives in compliance
with 42 USC Section 1396(a)(57) and (w), 42 CFR 431.107(b)(4), and 42 CFR 489
subpart I.
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 state laws.
e. Entities receiving $5 million or more annually (under this contract and any other
Medicaid contract) 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 and inform employees, contractors and agents about the policies and
procedures in compliance with Section 6032 of the Deficit Reduction Act of 2005, 42
USC § 1396a(a)(68).
13. Agency -based Voter Registration
County shall comply with the Agency -based Voter Registration sections of the National Voter
Registration Act of 1993 that require voter registration opportunities be offered to applicants
for services.
124410jsd Page 25 of 26
EXHIBIT E
Required Subcontractor Provisions
(RESERVED)
124410jsd Page 26 of 26