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Agenda Item
ASR
Control 21-000625 |
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MEETING DATE: |
08/24/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Health Care Agency
(Approved) |
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Department contact
person(s): |
Annette Mugrditchian (714) 834-5026 |
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Jeff Nagel (714) 834-7024 |
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Subject: Approve Performance Contract
for Behavioral Health Services
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 01/26/2021
#4, 12/17/2019 #3 |
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RECOMMENDED ACTION(S):
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1. |
Approve Standard Agreement Number 21-10100 with the California Department of Health Care Services for provision of Behavioral Health Services for the term of July 1, 2021, through June 30, 2024. |
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2. |
Authorize the Behavioral Health Director, or designee, to execute the Agreement as referenced in Recommended Action #1. |
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3. |
Authorize the Behavioral Health Director, or designee, to execute the CCC 04/2017 Certification form as attached to the Agreement referenced in Recommended Action #1. |
SUMMARY:
Approval of the Standard Agreement 21-10100 with the California Department of Health Care Services for provision of Behavioral Health Services will provide governance over mental health and substance abuse services in Orange County for children and adults.
BACKGROUND INFORMATION:
On December 17, 2019, your Honorable Board of Supervisors (Board) approved Standard Agreement Number 18-95262 with the California Department of Health Care Services (DHCS) for provision of Behavioral Health Services for the term of July 1, 2018, through June 30, 2021, and on January 26, 2021, the Board approved the first Amendment (A01) to Standard Agreement Number 18-95262 to include services provided by Substance Abuse Prevention and Treatment Block Grant (SABG).
Section 5602, 5650(a), 5651 and 5847 of Welfare and Institutions Code and Title 9, California Code of Regulations, Section 3310, mandates that DHCS and the County enter into a County Performance Contract for the provision of behavioral health services. The Health Care Agency (HCA) must meet the conditions and requirements contained in the Agreement in order to receive funding for behavioral health services for children and adults in Orange County. Examples of these conditions include obligations to comply with cost reporting requirements, data and information submission requirements, record retention requirements and patient rights requirements, among other terms and conditions. HCA is in compliance with all terms and conditions.
This Agreement applies to services provided through the Mental Health Service Act, Lanterman-Petris-Short Act, Projects for Assistance in Transition from Homelessness, Community Mental Health Services Block Grant, SABG, Crisis Counseling Assistance and Training Program, and oversees County provision of community mental health services pursuant to the Bronzan-McCorquodale Act. HCA is to provide services to identified target populations, which include: seriously emotionally disturbed children or adolescents, adults and older adults who have a serious mental disorder, adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, adults and older adults who have a serious substance abuse disorder, residential treatment, outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality or violence and persons who need brief treatment as a result of a natural disaster or severe local emergency across the County. This includes an integrated and coordinated range of outpatient and inpatient services appropriate to the needs of each client.
On June 21, 2021, HCA received DHCS Standard Agreement Number 21-10100, which is the renewal of the County's Performance Contract, for the term of July 1, 2021, through June 30, 2024. Due to the timing of when HCA received the Agreement and HCA's internal Agenda Staff Report review process, as well as the review and approval of the State Agreement with County Counsel, HCA Compliance Office, County Executive Office (CEO)/Risk Management and HCA Information Technology security, HCA is bringing the Agreement to the Board for approval at this time.
The Agreement contains an indemnification clause that requires the County to defend, hold harmless and indemnify the state against general claims for injury and damages. This provision differs from the County’s practice of requiring contractors to indemnify the County. CEO/Risk Management has reviewed and approved this provision.
HCA requests that the Board approve Standard Agreement Number 21-10100 with DHCS for provision of Mental Health and Substance Use Disorder Services as referenced in the Recommended Actions.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Standard Agreement No. 21-10100 with the California
Department of Health Care Services
Attachment B - California Welfare and Institutions Code Section 5602
Attachment C - California Welfare and Institutions Code Section 5650, 5651
Attachment D - California Welfare and Institutions Code Section 5847
Attachment E - California Code of Regulations Title 9, Section 3310
Attachment F - Risk Assessment Form