CHEMICAL DEPENDENCY SERVICES CONTRACT BETWEEN “LEWIS COUNTY” AND “EDUCATIONAL SERVICE DISTRICT 113”

PREAMBLE

This ESD 113/TNContract (the “Contract”) is made by and between LEWIS COUNTY hereinafter referred to as the “County” and Educational Service District 113, hereinafter referred to as the “Contractor”. County and the Contractor are together referenced as the “Parties”.

For and in consideration of the mutual benefit derived, the Parties hereby agree to diligently fulfill the following respective duties and to perform the following respective services in accordance with all of the conditions, terms, requirements and regulations of the Contract.

The purpose of this Contract is for the Contractor to provide chemical dependency treatment and support services as specified herein, in an outpatient setting, to eligible persons as part of the P-I-T-A continuum in such a manner to ensure availability of such services throughout the entire term of this Contract. These services and activities are identified and defined in RCW 70.96A and WAC 388-877 & 388-877B.

SPECIAL TERMS AND CONDITIONS

  1. CONTRACT REPRESENTATIVES

Each party to this Contract shall have a Contract representative. Each party may change its representative upon providing written notice to the other party. The parties’ representatives are as follows:

A. For the Contractor: / B. For the County:
Dana Anderson / Danette D. York
Superintendent / Director, LC Public Health & Social Services
6005 TyeeDr SW
Tumwater, WA 98572 / 360 NW North St.
Chehalis, WA 98532

The County will monitor the Contractor’s programmatic obligations under this Contract and will report any substantial non-compliance of this Contract to the Contractor.

  1. CONTRACT AWARD

The award amount for this contract is $81,000.00. The Contractor agrees to provide treatment services in such a manner to ensure availability of such services throughout the entire term of this Contract.

  1. ELIGIBLE USE OF FUNDS

Funding awarded under this Contract may only be used for eligible activities and expenses described in the current Statement of Work–Exhibit A and are incorporated by reference.

  1. ORDER OF PRECEDENCE

In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:

  1. Applicable federal and State of Washington statutes and regulations
  2. Special Terms and Conditions
  3. General Terms and Conditions
  4. Statement of Work – Exhibit A
  5. Budget – Exhibit B
  6. Priority Populations – Exhibit C
  1. DEFINITION OF TERMS

The terms listed below, as used in this Contract, have the following meanings:

  1. ADSA MSD: Acronym for “Aging and Disability Services Administration, Management Services Division.” ADSA MSD administers the TARGET Management Information System.
  1. Aging Population: Age 55 and older.
  1. Appointment Time: The time set for assessment or treatment service for Medicaid-qualified clients; appointments are set based on priority populations.
  1. ASAM: Acronym for “American Society of Addiction Medicine.” An ASAM Patient Placement criterion provides guidelines based on a medical model for placement, continued stay and discharge of patients with alcohol and other drug problems.
  1. Assessment: Diagnostic services provided by a CDP or CDP trainee under CDP supervision to determine a client’s involvement with alcohol and other drugs. See WAC 388-887 & 388-877B for a detailed description of assessment requirements.
  1. ATR: Acronym for “Access to Recovery,” a federal grant that provides chemical dependency treatment and recovery support services with vouchers.
  1. BHSIA: Acronym for Behavioral Health and Service Integration Administration.
  1. Capacity Management: A continually updated system for identifying treatment capacity for clients who cannot be admitted and a mechanism for matching clients to treatment programs with sufficient capacity.
  1. Case Management: Services designed to support patients admitted into treatment and assist patients in accessing needed medical, social, education, case planning, consultation and referral services.
  1. Community Outreach and Intervention: Services to link individuals into treatment and other appropriate support services.
  1. Counselors: Personnel employed by the Contractor who are qualified counselors or counselor trainees, per WAC 388-877.
  1. County Coordinator: The person designated by the legislative authority of a County to carry out administrative and oversight responsibilities of the County chemical dependency and prevention programs.
  1. Criminal Justice Treatment Account Funds (CJTA): A state revenue source appropriated for drug and alcohol treatment and support services for offenders.
  1. Community Prevention and Wellness Initiative (CPWI): The DSHS substance abuse prevention delivery system that focuses prevention services in high-need communities in Washington State as selected by County and approved by DSHS.
  1. CPS: Acronym for “Child Protective Services,” a unit within DSHS Children’s Administration, Division of Children and Family Services.
  1. CSO: Acronym for DSHS “Community Service Office.”
  1. Data: Information that is disclosed or exchanged as described by this contract.
  1. Date of first contact: The date a person contacts an agency by any means (walk-in, telephone call, referral through a physician, counselor or CDP, etc.) to request a service when the date for the service is scheduled at the time of the contact.
  1. DBHR: Acronym for “Division of Behavioral Health and Recovery,” a division within DSHS Health and Community Services Administration, or its successor.
  1. DCFS: Acronym for “Division of Children and Family Services,” a division within DSHS Children’s Administration.
  1. Dependent Children: Children under age 18 living with the parent or though age 20 if enrolled in school and financially supported by the parent.
  1. Drug Court Funds: Funds appropriated for drug and alcohol treatment and support services for offenders within a Drug Court Program.
  1. DSHS: Acronym for “Department of Social and Health Services.”
  1. Ensure: Make sure that something will happen or will be available within the resources identified in Exhibit B, A & R.
  1. Evidenced Based Treatment: A program, policy or practice recognized by research that, when applied in treatment, has improved outcomes for clients, participants or communities.
  1. Family Members: Means all persons of a household living under one (1) roof and/or a group of people sharing common ancestry.
  2. First Steps: A Lewis County case management prenatal care program for low-income pregnant and postpartum women to provide nursing, psychosocial and nutritional prevention and early intervention oriented services.
  1. Fiscal/Program Requirements: The new title of the updated version of the formerly titled BARS manual including the DSHS BHSIA/DIVISION OF BEHAVIORAL HEALTH AND RECOVERY/CHEMICAL DEPENDENCY Supplementary Instructions and Fiscal Policy Standards for Reimbursable Costs as used by DBHR located at:
  1. GAIN-SS: the Global Assessment of Individual Needs-Short Screener tool for conducting the integrated comprehensive screening for coordinating chemical dependency and mental health issues. The CAIN- SS iscompleted by the patient and interpreted by a CDP or CDP trainee under CDP supervision.
  1. Group: Means any planned therapeutic or counseling activity conducted by one (1) or more counselors to a group of two (2) or more non-related individuals lasting at least 45 minutes.
  1. HIPAA: Acronym for “Health Insurance Portability and Accounting Act.”
  2. Indigent Patients: Those receiving a DSHS income assistance grant (e.g., TANF, SSI) or WA Apple Health. They are usually identified by a medical coupon or Medicaid identification care. Food stamp recipients are not considered indigent patients unless they also receive one of the above grant or medical assistance programs.
  1. Individual: Means planned therapeutic or counseling activity provided toan eligible patient by one (1) or more counselors.
  1. Interim Service: A service for “Washington State Department of Social and Health Services.” A service designed to reduce adverse health effects of drug use and risk of disease transmission offered to pregnant, postpartum, parenting and IVDU patients who are denied immediate admission to treatment due to lack of capacity.
  1. IDU: Acronym for Injecting Drug User (IDU) or Intravenous Drug User (IVDU). A person or patient who has used a needle one (1) or more times to illicitly inject drugs.
  1. Labor Harmony Requirement: A “No Service Disruption Guarantee” outlined in Exhibit E.
  1. Low Income Patients: Means patients whose monthly income does not exceed the County 2013-2015 sliding fee co-payment schedule, with adjustment for family size.
  1. Medicaid State Match: Those funds allocated and identified in the County’s Service Rates Plan, from the state Awards provided under this Contract to pay the state’s share of the costs of services provided to Medicaid-eligible clients.
  1. No Service Disruption Guarantee: An agreement to maintain patient services and prevent a disruption of service caused by labor unrest. See “Labor Harmony Requirement” above. Additional information is outlined in Exhibit E., Attachment A.
  1. One Tenth of One Percent (1/10 of 1%) Sales Tax: Funding revenue for one (1) or more specifically identified treatment services.
  1. Outpatient Counseling: Means the provision of substance abuse treatment and other support services according to a prescribed plan in a non-residential setting.
  1. Patient: An individual who is actively receiving assessment or treatment services.
  1. P-I-T-A: Prevention, Intervention, Treatment, and Aftercare.
  1. Pregnant and Postpartum Women and Parenting Persons means:
  1. Women who are pregnant.
  1. Women who are postpartum during the first year after pregnancy completion regardless of the outcome of the pregnancy or placement of the children.
  1. Men or women who are parenting children under the age of six (6), including those attempting to gain custody of children supervised by the Department of Social and Health Services, Division of Children and Family Services (DCFS).
  1. Provider One: Washington State’s Medicaid Management Information System.
  1. RCW: Acronym for “Revised Code of Washington.”
  1. SAW: Acronym for Secure Access Washington.
  1. Substance Use Disorder (SUD): A problematic pattern of alcohol/drug use leading to clinically significant impairment or distress as categories in the DSM 5. This definition replaces the definition for Chemical Dependency.
  1. TARGET: The Treatment and Assessment Report Generation Tool, the management information system maintained by DSHS that retains demographic, treatment, and ancillary service data on each individual receiving publicly-funded outpatient and residential chemical dependency treatment services in Washington State, as well as on other general services provided.
  1. Title XIX: Acronym for “Title XIX of the Social Security Act.”
  1. Treatment Data: Information input to TARGET to record treatment services provided to patients. This information will be used to verify services identified in A-19 invoices prior to payment and work towards entering input data into TARGET by the end of the 7th calendar day after the date of service.

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  1. Treatment Provider Worksheet (TPW): The listing of the DSHS-certified agencies who are subcontractors of the County. The TPW identified the type of service provided by each subcontractor and indicates if the subcontractor may bill Medicaid.
  1. Veteran: Any person who has served in the United States Military including Reservists and National Guard.
  1. WAC: Acronym for “Washington Administrative Code.”
  1. Waiting List: A list of SAPT-qualified clients for whom a date for service has not been scheduled due to a lack of capacity. A person will be selected from the list to fill an opening based on the required order of precedence identified in the Contract.
  1. Young Adult: means a person or patient from age eighteen (18) through age twenty (20).
  1. Youth: means a person or patient from age ten (10) through age seventeen (17).
  1. PERFORMANCE STANDARDS AND LICENSING

The Contractor shall maintain certification as an “Approved Treatment Facility” as set forth by DBHR, Washington Administrative Code, Department of Social and Health Services (WAC) Chemical Dependency assistance programs Certification Requirements 388-877 & 388-877B, WorkFirst 388-310. A copy of the certification shall be submitted to the County upon request. The Contractor shall maintain a Chemical Dependency Treatment Title XIX contract with DSHS.

7.COMPLIANCE WITH SPECIFIC LAWS AND REGULATIONS

LAWS

The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to:

Washington State Laws and Regulations & Federal Regulations

  1. Affirmative action, RCW 41.06.020 (11).
  2. Boards of directors or officers of non-profit corporations – Liability - Limitations, RCW 4.24.264.
  3. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW.
  4. Discrimination-human rights commission, Chapter 49.60 RCW.
  5. Ethics in public service, Chapter 42.52 RCW.
  6. Office of minority and women’s business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC.
  7. Open public meetings act, Chapter 42.30 RCW.
  8. Public records act, Chapter 42.56 RCW.
  9. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
  10. Misconduct of Public Officers, Chapter 42.20 RCW.
  11. Drug-Free Workplace Act of 1998, Pub. L. No. 105-277, 112 Stat. 2681, as amended.
  12. Limitation on use of appropriated funds to influence Federal contracting, 45 CFR 93.110 (a)(1) and 45 CFR 93.110 (a) (2).
  13. Food and Drugs, 21 CFR, Chapter 1, Subchapter C.
  14. Confidentiality of Alcohol & Drug Abuse patient Records, 42 CFR, part 2, part 8.
  15. Public Welfare, 45 CFR, part 96 Block Grants (L).
  16. Office of Management & Budget (OMB) regarding Audit requirements: A-87, A-122, & A-133.
  17. Chemical Dependency Treatment, WAC 388-880 & RCW 70.96A; Certification, WAC 388-877 & 388-877B, and WorkFirst 388-310.
  18. Counselors, RCW 18.19; Chemical Dependency Professionals, RCW 18.205.
  19. Regulation of Health Professionals, RCW 18.130.
  20. Abuse of Children, RCW 26.44; RCW 74.34 Abuse of Vulnerable Adults.
  21. Rules of the Road, RCW 46.61.
  22. Uniform Controlled Substances Act, RCW 69.50.

A.The Contractor must have in place policies and procedures sufficient to protect and safeguard individually identifiable health information obtained in the course of providing services under this Contract. The Contractor shall not disclose information on individuals directly or indirectly except to the County nor to the treatment professionals and agencies working on the individual’s behalf to the extent allowed under applicable state or federal laws and regulations. The Contractor shall comply with all terms and conditions of Federal Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR, Part 2 and applicable provisions of the Health Insurance Portability and Accounting Act of 1996 (“HIPAA”) and its impending regulations parts 160 and 164. The Contractor shall retain all fiscal and clinical books, records, documents and other materials relevant to this Contract in accordance with WAC 388-877 and the WAC Implementation Guide.

B.The Contractor shall ensure a criminal background check is conducted for all staff members; case managers, outreach staff members, etc; or volunteers who have unsupervised access to children, adolescents, vulnerable adults, and persons who have developmental disabilities per RCW 43.43, WAC 388-877 & 388-877B. When providing services to youth, the Contractor shall ensure that requirements of WAC 388-0170 are met.If circumstances arise that cause the Contractor to question the need for another background check, they shall complete another check. All persons convicted of crimes preventing contact with vulnerable populations listed in RCW 43.43.830 are prohibited from having access to clients.

8.REIMBURSEMENT PROCEDURES

  1. Services rendered under this Contract shall be on a cost-reimbursement basis. Services shall be provided per the attached Statement of Work – Exhibit A.
  1. The total amount of reimbursement, including reimbursement for administration costs, shall not exceed the Maximum Contract Amount identified in Exhibit B.
  1. With the exception of funding provided by CJTA, the use of funds is limited to the fiscal year for which it is allocated. CJTA is a biennial allocation.
  1. The Contractor shall ensure that service costs incurred are within the period of the performance of this Contract.
  1. The Contractor shall submit an invoice, on a format approved by the County, based on the pre-approved budget – Exhibit B. The invoice shall be submitted by the 10th day of the month following the month during which services were performed under this Contract. The County shall process claims for reimbursement after all supporting documentation is provided in correct and proper form. Claims for reimbursement received after said date will be processed in the succeeding month’s claims for reimbursement. No payment shall be made for services not included in claims submitted within forty (40) days following the month during which services were performed under this Contract.
  1. The Contractor shall report on the monthly invoice the amount of fees collected from patients paying reduced fees according to the sliding fee scale.
  1. In the event the Contract is terminated, final payment shall be withheld until the Contractor ensures all treatment data on services provided have been entered into TARGET. This includes all open cases in TARGET reporting system have been discharged from the system.

E.The Contractor shall contribute at least fifteen percent (15%) in matching funds, pursuant to RCW 70.96A.047. The matching funds provided by the Contractor shall comply with the provisions of Code of Federal Regulations, Title 45, part 74, sub-part “C”, Section 74.23 (Cost Sharing or Matching).

9.NOTICE OF FEDERAL BLOCK GRANT FUNDING

The Substance Abuse Prevention and Treatment (SAPT) Block Grant funds (CFDA # 93.959) fund outpatient treatment and has specific requirements. Contractor shall comply with all conditions and requirements for use of federal block grant funds, such as:

  1. Peer Review Required (42 USC 300x-53(a) and 45 CFR 96.136)
  1. The SAPT Block Grant requires annual peer reviews by individuals with expertise in the field of drug abuse treatment, of at least five percent of treatment providers. The Contractor shall participate in the peer review process when requested by the County.
  1. Identical Treatment

All facilities receiving Federal Block Grant Funding are required to provide the same services to all patients who are financially eligible to receive state or federal assistance and are in need of services. No distinction shall be made between state and federal funding when providing the following services including, but not limited to:

  1. Women’s services
  2. Intravenous drug user services
  3. Tuberculosis services
  4. Childcare services for parenting patients
  5. Interim services
  1. Other Requirements: Collaboration with other Systems (42 USC 300x-28 (c) and 45 CFR 96.132 (c)).

The Contractor shall take the initiative to work with other systems to reduce fragmentation or duplication and to strengthen working relationships by addressing at least one substance abuse system issue or a collaborative effort mutually identified by the Contractor and a respective system regarding such as the examples below: