HomeMy WebLinkAboutAmend IGA - Juv Behavioral Rehab Svcs4114i.4)i
02
❑
Deschutes 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 25, 2008
Please see directions for completing this document on the next page.
DATE: June 18, 2008
FROM: Deevy Holcomb Juvenile Community Justice 322-7644
TITLE OF AGENDA ITEM:
Consideration of Board Chair Signature of Document No. 2008-353, Amendment #5 to
Intergovernmental Agreement #106642 with the state Department of Human Services regulating the
administration of federal Behavioral Rehabilitation Services for juveniles.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Juvenile Community Justice department has accessed federal "Behavioral Rehabilitation Services"
(BRS) for economically disadvanged youth under court jurisdiction who are placed out of home in
treatment foster care, since 2004. These BRS funds help provide a higher level of service for youth and
supplement state grant funds that are used to provide other aspects of treatment foster care services.
Because BRS is a program of the federal Medicaid program, the program requires an IGA regulating all
county billing and required federal match payments with the state's recognized Medicaid/Medicare
agency, the Department of Human Services (DHS). IGA # 106642 has been in place since November
2003.
The IGA was inadvertently terminated in December 2007, but the county continued providing, billing
and paying the required match for BRS services taking place with youth in treatment foster care after
this date. DHS also continued processing federal payments to the department until May 2008, when the
mistake was caught. DHS has provided this reinstated amendment #5 to the IGA to (1) retroactively
authorize the payments that were made after December 2007 to date and (2) extends the termination
date of the IGA from its original December 31, 2007 to June 30, 2008.
FISCAL IMPLICATIONS:
Related funds included in FY 07/08 budget.
RECOMMENDATION & ACTION REQUESTED:
Board Chair Signature of Document No. 2008-353, Amendment #5 to Intergovernmental Agreement
106642.
ATTENDANCE: Ken Hales and/or Deevy Holcomb
DISTRIBUTION OF DOCUMENTS:
Both originals returned to Deevy Holcomb to be sent to state for signature.
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.
June 17, 2008
Contact Person:
Deevy Holcomb
Contractor/Supplier/Consultant Name:
Department:
Juvenile Community Justice
Phone #:
322-7644
State of Oregon Dept Human Services
Goods and/or Services: Amendment #5 to Intergovernmental Agreement #106642 for
Behavioral Rehabilitation Services for juveniles (Deschutes County Doc #2008-353).
Background & History: The Juvenile Community Justice department has accessed
federal "Behavioral Rehabilitation Services" (BRS) for economically disadvanged youth
under court jurisdiction who are placed out of home in treatment foster care, since 2004.
These BRS funds help provide a higher level of service for youth and supplement state
grant funds that are used to provide other aspects of treatment foster care services.
Because BRS is a program of the federal Medicaid program, the program requires an
IGA regulating all county billing and required federal match payments with the state's
recognized Medicaid/Medicare agency, the Department of Human Services (DHS). IGA
#106642 has been in place since November 2003.
The IGA was inadvertently terminated in December 2007, but the county continued
providing, billing and paying the required match for BRS services taking place with
youth in treatment foster care after this date. DHS also continued processing federal
payments to the department until May 2008, when the mistake was caught. DHS has
provided this reinstated amendment #5 to the IGA to (1) retroactively authorize the
payments that were made after December 2007 to date and (2) extends the termination
date of the IGA from its original December 31, 2007 to June 30, 2008.
Agreement Starting Date:
July 1, 2007
Annual Value or Total Payment:
Ending Date:
June 30, 2008
'Administrative IGA regulating approx $170,000
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ 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
6/23/2008
Departmental Contact:
Title:
Deevy Holcomb
Management Analyst
Phone #:
Department Director Approval:
Signature
322-7644
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
6/23/2008
IEWED
LEGAL COUNSEL
regon
Theodore R. Kulonrsizi, Governor
Department of Human Services
Administrative Services
Office of Contracts & Procurement
500 Summer Street NE, E-03
Salem, OR 97301-1080
Phone: (503) 945-5818
Fax: (503) 378-4324
F1 Y: (503) 947-5330
DHS
tolfriva?,=1
RATUICATION DOCUMENT
AMENDMENT #5 to intergovernmental Agreement #106642
Between Department of Human Services (DHS) and Deschutes County
Intergovernmental Agreement #106646 between the State of Oregon, acting by and through its
Department of Human Services ("DHS") and Deschutes County (County) provides funding from
the DIN Division of Medical Assistance Programs to support the County's Behavioral
Rehabilitation Services (BRS) program for Medicaid eligible children and youth.
This document is prepared and executed in order to comply with ORS 291.049 and OAR 137-
045-0090, pertaining to ratification of public contracts when performance has begun prior to
legal sufficiency approval by the Department of Justice.
MIS provides the following information in support of its proposed ratification of Amendment
#5:
• 'Mc original Intergovernmental -Agreement and Amendments 1 through 4 were executed in
compliance with all applicable rules regarding approvals for Public Contracts.
• Work specified in Amendment # 5 continued and payments were made beyond the
expiration date of the Agreement prior to obtaining legal sufficiency approval of the
Amendment from the Attorney General's Office.
Reasons legal sufficiency approval was not obtained for Amendment # 5 before
performance began:
1. Amendment #5 was sent to the County for signature in September of 2007 to increase the
rates paid to County and Lo add language to the Agreement specific to BRS. County sent
an e-mail on September 7, 2007 indicating that they wanted to terminate the Agreement
specific to the County's Wellsprings program. The Agreement was never officially
terminated by OC&P and was left to run its course through December 31, 2007. In the
mean tirne, the County continued to provide BRS under its Maplestar program and DHS
continued to make payments to the County for the BRS Maplestar program at the increased
rate. The change in the Agreement was not memorialized in an amendment. The period for
the current increase is 07/01/07 through 06/30/08.
"Assisting People to Become Independent, Healthy and Safe"
An Equal Opportunity Employer
DC 2008.352
Ratification Document for
Amendment #5 to Intergovermental Agreemeent #99367
Steps to prevent similar occurrences:
Page 2 of 2
Enhance communications with the County regarding BRS to Medicaid eligible children and
youth.
Ratification:
Based on the following, in accordance with ORS 291.049 and OAR 137-045-0090,
I hereby ratify Amendment #5 to Intergovermental Agreement #106642 as of
December 31, 2007:
611/0 5
Stella Transue, Administrator ' Date
Designated Procurement Officer
Department of Human Services, Office of Contracts & Procurement
106642-5 Ratification
Agreement # 106642-5
REINSTATEMENT AND AMENDMENT TO
Intergovermental Agreement
This Reinstatement and Amendment of Agreement is made and entered into as of the date of the last
signature below by and between the State of Oregon acting by and through its Department of Human
Services. program. hereinafter referred to as the "Department" and Deschutes County, hereinafter
referred to as "COUNTY".
RECITALS
WHEREAS, Department and COUNTY entered into that certain Agreement No. 106642 effective on
August 1, 2003, as amended on November 13, 2003, December 27, 2004, Julyl, 2005, and January 1.
2007, incorporated herein by this reference (the Agreement).
WHEREAS, Department and COUNTY intended to amend the Agreement to extend its effectiveness
through June 30, 2008 and to increase the rate paid;
WI IEREAS, the proposed amendment Number 5 to extend the effectiveness and increase the rate of the
Agreement and otherwise modify it was not executed by the parties prior to the Agreement's expiration
date;
WHEREAS, the Agreement expired on December 31, 2007 in accordance with its terms; and
WHEREAS, Department and COUNTY desire to reinstate the Agreement in its entirety as of July 1,
2007 and to amend the Agreement (once reinstated) to extend its effectiveness through June 30, 2008,
as set forth herein.
NOW. THEREFORE, in consideration of the premises, covenants and agreements contained herein and
other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
AMENDMENT
Reinstatement Department and COUNTY hereby reinstate the Agreement in its entirety as of
July 1, 2007 and agree that the Agreement was and is in full force and effect from its effective
date through the date of this Reinstatement and Amendment, .Department and COUNTY further
agree that, upon the amendment of Section 1 of the Agreement pursuant to Paragraph 2 below, the
Agreement was, is and will be in full force and effect from the effective date through the
expiration date set forth in Section 1, as amended, subject to the termination provisions otherwise
set forth in the Agreement.
106642-5jsd Reinst Page 1
Department and COUNTY hereby amend the Agreement as follows:
a. Section 1, TERM: The termination date of this Agreement is hereby changed from December 31,
2007 to June 30, 2008.
b. For the period July 1, 2007 to June 30, 2008, the rates are those established in Attachment 1.
Therefore. Attachment 1, entitled Oregon Youth Authority, Behavioral Rehabilitation Services
(BRS) TF Rates is hereby replaced in it's entirety with Attachment #1 to this Amendment,
attached hereto and incorporated herein by this reference.
c. Requirements for Behavioral Rehabilitation Services (BRS), hereinafter known as Attachment
#2 to this Amendment, is attached hereto and incorporated herein by this reference.
3. Except as expressly amended above, all other terms and conditions of the original Agreement and
any previous amendments are still in full force and effect. County certifies that the representations,
warranties and certifications contained in the original Agreement are true and correct as of the
effective date of this Amendment and with the same effect as though made at the time of this
amendment,
4. Certification. 13y signature on this Amendment. the undersigned hereby certifies under penalty of
perjury that:
A. The undersigned is authorized to act on behalf of County and that County is, to the best
of the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes
of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 401.792 to
401.816 (Tax for Emergency Communications), 118 (Inheritance Tax), 314 (Income
Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation
Income Tax), 320 (Amusement Device and Transient Lodging Taxes), 321 (Timber and
Forestland Tax), 323 (Cigarettes and Tobacco Products Tax), and the elderly rental
assistance program under ORS 310.630 to 310.706; and any local taxes administered by
the Department of Revenue under ORS 305.620;
B. The number shown in Section VI of original. Agreement is County's correct taxpayer
identification and all other information provided in Section VI is true and accurate;
C. County is not subject to backup withholding because:
i. County is exempt from backup withholding;
ii. 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
iii. The IRS has notified County that County is no longer subject to
backup withholding; and
5. SIGNATURES
106642-5jsd Reinst Page 2
AGENCIES: YOU WILL NOT BE PAID FOR SERVICES RENDERED PRIOR TO
NECESSARY STATE APPROVALS
Approved By COUNTY Dennis R. Luke, Chair
Deschutes County Board of Commissioners
Authorized Signature Title
Approved By DHS
Date
Authorized Signature Title
App oed for eaI Sufficiency:
A s'st it At , General
Reviewed by:
Office of Contracts and Procurement:
Date
Date
Signature
Program:
Name (printed)
Date
Signature NameiTitle (printed) Date
Attachment 1
06642-5jsd R e just Page 3
Oregon Youth Authority
Behavioral Rehabilitative Services (BRS) TF Rates
Type of
Service
Code
Procedure
Code
Description
Rate / Day
Beginning
07101.107
6
T2034
BRS Shelter Care
89.11
6
T2016
Multidimensional Foster Care or Proctor
106.00
6
T2020
Proctor Day Treatment
106.78
6
T2048
Level 4 Residential
111.02
6
T2033
Level 5 Residential
132.36
106642-5jsd Reinst Page 4
Attachment 2
Administrative Rules and Applicable Law
When providing Behavioral Rehabilitation Services under this Agreement, directly or by
subcontract, COUNTY will adhere to DMA? Rules. "DMAP Rules" means the DMAP
General Rules, OAR 410-120-0000 through OAR 410-120-1980, and the DMAP Oregon
Health Plan Rules, OAR 410-141-0000 through OAR 410-141-0860, all as amended
from time to time. For purposes of this Agreement, the teen Provider as used in the
DMA? Rules will refer to COUNTY. This Agreement constitutes a provider agreement,
in lieu of provider enrollment procedures described in OAR 410-120-1260, solely for
purposes of this Agreement.
Payment under this Agreement is authorized for Behavioral Rehabilitation Services
provided to Medicaid eligible youth and children in accordance with this Agreement and
DMAP Rules. Medicaid eligibility is determined by the Department of Human Services
in accordance with OAR Chapter 461.
COUNTY's provision of Behavioral Rehabilitation Services under this Agreement,
directly or by subcontract, is authorized by the State of Oregon State Medicaid Plan when
the services are provided in accordance with Exhibit 1 (attached hereto and incorporated
herein),
STATE OF OREGON
13.e. Behavior Rehabilitation Services
Transmittal 404-09
Attachment 3.1-A
Page 6-f P&I
Behavior Rehabilitation Services are provided to children/youth to remediate debilitating
psycho -social, emotional and behavioral disorders, To provide early intervention,
stabilization and development of appropriate coping skills upon the recommendation of a
licensed practitioner of the healing arts within the scope of their practice within the law.
Prior approval is required.
Service Description
Behavior Rehabilitation Serviees may be provided in a variety of settings and consist of
interventions to help children/youth acquire essential coping skills. Specific services
include milieu therapy, crisis counseling, regular scheduled counseling and skills
training. The purpose of this service is to remediate specific dysfunctions which have
been explicitly identified in an individualized written treatment plan that is regularly
TN # 04-09 Date Approved 2/4/05 Effective Date 7/1/04
Supersedes TN 1498-04 P&1
Exhibit 1
STATE OF OREGON
LIMITATION ON SERVICES
Transmittal #98-04
Attachment 3.1-A
Page b -f.1
reviewed and updated. Client centered treatment services may be provided individually or
in groups and may include the child's/youth's biological, adoptive or foster family.
Treatment is focused upon the needs of the child/youth, not the family unit. These services
may be in conjunction with or in support of any other professional treatment services the
child/youth may be receiving as required by the diagnosed condition.
The services will include crisis intervention and counseling on a 24-hour basis to mobilize
the child's/youth's behavior until resolution of the pproblem istabilize
s reached. or until the
child/youth can be assessed and treated by a qualified Mental Health. Professional or
licensed Medical Practitioner.
Regular scheduled counseling and therapy is provided to remediate specific dysfunctions
which have been explicitly identified in the treatment plan.
Skill training is provided to assist the child/youth in the development of appropriate
responses to social and emotional behaviors, peer and family relationships, self-care,
conflict resolution, aggression reduction, anger control, and to reduce or eliminate impulse
and conduct disorders.
Milieu therapy refers to those activities performed with children/youth to normalize their
psycho -social development and promote the safety of the child/youth and stabilize their
environment. The child/youth is monitored in structured activities which may be
developmental, recreational, academic, rehabilitative, or a variety of productive work
activities. As the child/youth is monitored, planned interventions are provided to
remediate the identified dysfunctional or maladaptive behaviors and promote their
replacement with more developmentally appropriate responses.
Population To Be Served.. -
The population serviced will be EPSDT eligible children/youth who have primary mental,
emotional and behavioral disorders and/or developmental disabilities that prevent them
from functioning at developmentally appropriate levels in their home, school, or
community. They exhibit such symptoms as drug and alcohol abuse, anti -social behaviors
that require close supervision and intervention and structure sexual behavior problems,
victims of severe family conflict, behavioral disturbances ofiten resultingfrom psychiatric
disorders of the parents, medically compromised and developmentally isabled
children/youth who are not otherwise served by the State Mental Health Developmental
Disability Services Division.
TN # 98-04
Supersedes Date Approved 6/4/98 Effective Date 1/1/98
TN# 91-11
Exhibit I
STATE OF OREGON
LIMITATION ON SERVICES
Provider Qualifications.
Transmittal #98-04
Attachment 3.1-A
Page 6-f.2
Program, Coordinator: Responsibilities include supervision of staff; providing
overall direction to the program, planning and coordinating program activities and
delivery of services, and assure the safety and protection of ehildren/youth and
staff.
The Minimum Qualifications- A Bachelor's Degree, preferably with major study
in psychology, Sociology, Social Work, Social Sciences, or a closely allied field,
and two years experience in the supervision and management of a residential
facility for care and treatment of children/youth.
Social Service Staff: Responsibilities include Case Mangement and the
development of service pris; in.dividu4 group and thmily counseling; individual
and group skills training; assist the Child Care Staff in providing appropriate
treatment to children/youth, coordinate services with other agencies; document
treatment progress.
The Minimum Qualifications- A Masters Degree with major study in Social Work
or a closely allied field and one year ofexperience in the care and treatment of
children/youth, or a Bachelor's Degree with major study in Social. Work,
psychology, Sociology or a closely allied field and two years experience in the
care and treatment el children/youth.
Child Care Staff: Responsibilities include direct supervision and control of the
daily living activities of children/youth, assisting social service staff in providing
individual, group and family counseling, skills training, provide therapeutic
interventions to children/youth as directed by the individual treatment plans to
address behavioral and emotional problems as they arise, monitor and manage the
children's/youth's behavior to provide a safe, structured living environment that is
conducive to treatment.
Minimum Qualifications- Require that no less than 50% of the Child Care Staff in
a facility have a Bachelor's Degree. Combination of formal education and
experience working with children/youth may be substituted for a Bachelor's
Degyee, Child Care are members of the treatment team and work under the
direction of a qualified Social Service staff or a Program Coordinator.
TN 4 98-04
Supersedes Date Approved 6/4/98 Effective Date 1/1/98
91-11
Exhibit 1