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HomeMy WebLinkAboutAgreements/Contracts - GRISS/ K 19-041 Washington stateCOUNTY PROGRAM HCA Agreement Number: Health Care. thorny AGREEMENT 1863-34799 CJTA Services This Program Agreement is by and between the State of Washington Health --dT—&C Contract Number: Care Authority (HCA) and the County identified below, and is issued in 1783-86421 conjunction with the DSHS and County Agreement on General Terms and Contractor Contract Number - Conditions GT&C), which is incorporated by reference. CONTRACTOR NAME CONTRACTOR doing business as (DBA) Grant Count CONTRACTOR ADDRESS WASHINGTON INDEX NUMBER PO Box 37 UNIFORM BUSINESS Ephrata, WA 98823-0037 IDENTIFIER (UBI) 1221 136-000-784 CONTRACTOR CONTACT CONTRACTOR CONTRACTOR E-MAIL ADDRESS Gail Goodwin TELEPHONE ggoodwin@grantcountywa.gov (509) 764-2644 HCA DIVISION HCA CONTRACT CODE Division of Behavioral Health 7000CC-63 HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Tony Walton 626 8th Ave SE Program Manager OI m ia, WA 98501 HCA CONTACT TELEPHONE HCA CONTACT FAX HCA CONTACT E-MAIL ADDRESS (360)725-9992 1 Click here to enter text. tony.wafton@hca.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES CFDA NUMBERS) OF THIS CONTRACT? No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 07/01/2018 1 06/30/2019 $90,027.00 EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: ® Exhibits (specify): Attachment 1, Confidential Information Security Requirements; Attachment 2, Substance Use Disorder Optional Services and Activities Allowable under CJTA The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be bindinq on HCA only upon signature by HCA. TURE CONTRACTORf�r PRINTED NAME AND TITLE DATE SIGNED _� Tom Taylor, Chair �S�IZ i� Board ofCounty Commissioners HCA SIGNATU�E PRINTED NAME AND TITLE IGNED DA�E�S r HCA Contracts HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 1 Special Terms & Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Program Agreement shall each have the following definitions: a. "CJTA" or "Criminal Justice Treatment Account" means per RCW 70.96A.350, the account created by Washington State that may be expended solely for: substance use disorder treatment and treatment support services for offenders with a substance. b. "DUNS" or "Data Universal Numbering System" means a unique identifier for businesses. DUNS numbers are assigned and maintained by Dun and Bradstreet (D&B) and are used for a variety of purposes, including applying for government contracting opportunities. c. "DBHR" means the HCA Division of Behavioral Health and Recovery, and its employees and authorized agents. d. "HCA" means the Washington State Health Care Authority, and its employees and authorized agents. e. "RCW" means the Washington State Revised Code of Washington. f. "SUD" or "Substance Use Disorder" means a problematic pattern of alcohol/drug use leading to clinically significant impairment or distress as categorized in the DSM -5. 2. Purpose. The Purpose of the Program Agreement is for the County to provide treatment and recovery support services to those involved in the criminal justice system in accordance with RCW 71.24.580. 3. Specific Eligibility and/or Funding Requirements for Criminal Justice Treatment Account Services. Criminal Justice Treatment Account (CJTA): Drug Courts, RCW 2.28.170; Drug Courts) and Drug Court funding. Drug court funding is provided to the following counties under this Program Agreement Cowlitz, Skagit and Thurston. The County must ensure the provision of substance use disorder treatment and support services detailed below and in accordance with RCW 70.96A and RCW 2.28.170. In accordance with RCW 71.24.580, amounts in this Program Agreement must be used for treatment and recovery support services, per Attachment 2, for criminally involved offenders and authorization of these services shall not be subject to determinations of medical necessity. a. The County must coordinate with the local CJTA panel for the County in order to facilitate the planning requirement as described in RCW 71.24.580. The plan must: (1) Describe in detail how substance use disorder treatment and support services will be delivered within the region; (2) Address the CJTA Account Match Requirement by providing a local participation match of all HCA -provided criminal justice awards; (3) Include details on special projects such as best practices/treatment strategies, significant underserved population(s), or regional endeavors, including the following: (a) Describe the project and how it will be consistent with the strategic plan; (b) Describe how the project will enhance treatment services for offenders; (c) Indicate the number of offenders who were served using innovative funds; HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 2 Special Terms & Conditions b. Detail the original goals and objectives of the project. CJTA Funding Guidelines (1) In accordance with RCW 2.30.040. if CJTA funds are managed by a Drug Court, then it is required to provide a dollar -for -dollar participation match for services to Individuals who are receiving services under the supervision of a drug court. (2) No more than ten percent (10%) of the total CJTA funds may be used for the following support services combined: (a) Transportation; (b) Child Care Services. (3) At a minimum thirty percent (30%) of the CJTA funds for special projects that meet any or all of the following conditions: (a) An acknowledged best practice (or treatment strategy) that can be documented in published research; (b) An approach utilizing either traditional or best practice approaches to treat significant underserved population(s); (c) A regional project conducted in partnership with at least one other entity serving the service area; (d) Services eligible to be provided through CJTA funds are defined in the SLID Services Descriptions and Service Matrix (available upon request); (e) CJTA Special Projects. HCA retains the right to request progress reports on CJTA special projects. 4. Statement of Work. The County shall provide the services and staff, and otherwise do all thinks necessary for or incidental to the performance of work, as set forth below: a. CJTA for Treatment in the Jail. Criminal Justice Treatment Account (CJTA) funds may be used, in a limited capacity, to provide substance use disorder (SUD) assessments, engagement, referral, transition planning and outpatient treatment services in jail. If CJTA funds are utilized for these purposes: (1) The County must identify and provide transition services to persons with substance use disorder, who meet the CJTA requirements as defined in RCW 71.24.580, to expedite and facilitate their return to the community. (2) Continue treatment services with individuals who were engaged in community-based treatment prior to their incarceration, with the intent to complete the outpatient treatment episode. (3) Initiate outpatient treatment services with individuals who will be released and transition into community-based treatment. (4) The County may provide eight (8) sessions per individual, the sessions may include: HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 3 Special Terms & Conditions (a) Engaging individuals in SUD treatment; (b) Referral to SUD services; (c) Coordinating care; (d) Continuity of care; (e) Transition planning. b. The County must ensure the provision of substance use disorder treatment and recovery support services detailed below and in accordance with RCW 71.24.580 and RCW 2.28.170. Please see SUD Services Descriptions and Service Matrix (available upon request) for a detailed list of services allowable within CJTA. County level funding priorities are established by the local CJTA panel. (1) The County must coordinate with their local CJTA panel in order to facilitate the planning requirement as described in RCW 71.24.580. It is important to note that plans should detail the coordination within the County, leverage the needed services for the community, and reach the intended population for the CJTA fund. The plan must: (a) Describe in detail how substance use disorder treatment and recovery support services will be delivered within the County; (b) Address the CJTA Account Match Requirement by providing a local participation match of all HCA -provided criminal justice awards (further match information provided under sub -section "CJTA Funding Guidelines"); (c) Include details on special projects i.e. National Association of Drug Court Professionals (NADCP) Best Practices/treatment strategies, significant underserved population(s), or regional endeavors; i. Describe how the project will enhance treatment or recovery support services for offenders; ii. Detail the goals and objectives of the project. (2) Completed plans must be submitted to HCA for review and approval. Once approved, the County must implement its plan as written. (a) The County can choose to use the funds according to the current plan or provide an updated plan with any changes by August 15, 2018. (b) New or updated plans for all Counties are due by October 1, 2018. 5. Consideration. Total consideration payable to the County for satisfactory performance of the work under this Program Agreement is up to a maximum of $90,027 for CJTA Services, and $0 for Drug Court Services, including any and all expenses. 6. Billing and Payment. HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 4 Special Terms & Conditions a. County shall be paid 1/12 of the amount(s) listed in Section 5, Consideration for CJTA Services and/or Drug Court Services. b. All Counties will be required to submit a quarterly Supplemental Form with the amount of CJTA dollars spent in the County for the quarter. c. The County is required to limit Administration costs to no more than ten percent (10%) of the annual revenue supporting the public behavioral health system operated by the County. Administration costs shall be measured on a fiscal year basis and based on the information reported in the Supplemental Form reports and reviewed by the HCA Behavioral Health Administration. 7. DUNS Number and Zip Code + 4. DUNS Number: 010202562. Zip Code + 4: 98823 + 0037. 8. Confidential Information Security. The federal government, including the Centers for Medicare and Medicaid Services (CMS), and the State of Washington all maintain security requirements regarding privacy, data access, and other areas. County is required to comply with the Confidential Information Security Requirements set out in Attachment 1 to this Program Agreement and appropriate portions of the Washington OCIO Security Standard, 141.10 (hftr)s:Hocio.wa.gov/policies/1 41 -securing-information-technology-assets/1 4110 - securing -information -technology -assets). 9. Confidential Information Breach — Required Notification. a. County must notify the HCA Privacy Officer (HCAPrivacyOfficer(cD-hca.wa.gov) within five (5) Business Days of discovery of any Breach or suspected Breach of Confidential Information. b. County will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to, sanctioning employees and taking steps necessary to stop further unauthorized access. County agrees to indemnify and hold HCA harmless for any damages related to unauthorized use or disclosure of Confidential Information by County, its officers, directors, employees, Subcontractors or agents. c. If notification of the Breach or possible Breach must (in the judgment of HCA) be made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW 19.254.010, or other law or rule, then: (1) HCA may choose to make any required notifications to the individuals, to the U.S. Department of Health and Human Services Secretary (DHHS) Secretary, and to the media, or direct County to make them or any of them. (2) In any case, County will pay the reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect HCA clients (such as paying for regular credit watches in some cases). (3) County will compensate HCA clients for harms caused to them by any Breach or possible Breach. d. Any breach of this clause may result in termination of the Program Agreement and the demand for return or disposition (Attachment 1, Section 6) of all Confidential Information. e. County's obligations regarding Breach notification survive the termination of this Program HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 5 Special Terms & Conditions Agreement and continue for as long as County maintains the Confidential Information and for any breach or possible breach at any time. 10. Pay Equity. a. County represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 147), during the term of this Program Agreement, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if (i) the individuals work for County, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. b. County may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job-related factor(s); or (v) a bona fide regional difference in compensation levels. c. Bona fide job-related factor(s)" may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) accounts for the entire differential. d. A "bona fide regional difference in compensation level" must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. e. Notwithstanding any provision to the contrary, upon breach of warranty and County's failure to provide satisfactory evidence of compliance within thirty (30) Days of HCA's request for such evidence, HCA may suspend or terminate this Program Agreement. 11. Notices. Whenever one party is required to give notice to the other party under this Program Agreement, it shall be deemed given if mailed by United States Postal Service, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: a. In the case of notice to the County, notice shall be sent to the point of contact identified on page one (1) of this Program Agreement; b. In the case of notice to HCA, notice shall be sent to: Contract Services Legal and Administrative Services Division Washington State Health Care Authority P. O. Box 42702 Olympia, Washington 98504-2702 Contracts@hca.wa.gov Said notice shall become effective on the date delivered as evidenced by the return receipt or the date returned to sender for non-delivery other than for insufficient postage. Either party may at any time change its address for notification purposes by mailing a notice in accordance with this Section, stating the change and setting forth the new address, which shall be effective on the tenth (101) day following the effective date of such notice unless a later day is specified in the notice. HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 6 Special Terms & Conditions Attachment 1 Confidential Information Security Requirements 1. Definitions. In addition to the definitions set out in Section 1 of this Agreement for CJTA Services, the definitions below apply to this Attachment. a. "Hardened Password" means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. (1) Passwords for external authentication must be a minimum of 10 characters long. (2) Passwords for internal authentication must be a minimum of 8 characters long. (3) Passwords used for system service or service accounts must be a minimum of 20 characters long. b. "Portable/Removable Media" means any Data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). c. "Portable/Removable Devices" means any small computing device that can be transported, including but not limited to: hand helds/PDAs/Smartphones; Ultramobile PC's, flash memory devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. e. "Transmitting" means the transferring of data electronically, such as via email, SFTP, webservices, AWS Snowball, etc. f. "Trusted System(s)" means the following methods of physical delivery: (1) hand -delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. g. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 2. Confidential Information Transmitting. a. When transmitting RCA's Confidential Information electronically, including via email, the Data must be encrypted using NIST 800 -series approved algorithms (http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public internet. b. When transmitting RCA's Confidential Information via paper documents, the Receiving Party must HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 7 Special Terms & Conditions use a Trusted System. 3. Protection of Confidential Information. The County agrees to store Confidential Information as described: a. Data at Rest: (1) Data will be encrypted with NIST 800 -series approved algorithms. Encryption keys will be stored and protected independently of the data. Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. (2) Data stored on Portable/Removable Media or Devices: (a) Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800 -series approved algorithms. Encryption keys will be stored and protected independently of the Data. (b) HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Data Share Agreement. If so authorized, the Receiving Party must protect the Data by: L Encrypting with NIST 800 -series approved algorithms. Encryption keys will be stored and protected independently of the data; ii. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; iii. Keeping devices in locked storage when not in use; iv. Using check-in/check-out procedures when devices are shared; v. Maintain an inventory of devices; and vi. Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. (c) Paper documents. Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. 4. Confidential Information Segregation. HCA Confidential Information received under this Agreement must be segregated or otherwise distinguishable from non -HCA data. This is to ensure that when no longer needed by the County, all HCA Confidential Information can be identified for return or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 8 Special Terms & Conditions a. The HCA Confidential Information must be kept in one of the following ways: (1) on media (e.g. hard disk, optical disc, tape, etc.) which will contain only HCA Data; or (2) in a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or (3) in a database that will contain only HCA Data; or (4) within a database and will be distinguishable from non -HCA Data by the value of a specific field or fields within database records; or (5) when stored as physical paper documents, physically segregated from non -HCA Data in a drawer, folder, or other container. b. When it is not feasible or practical to segregate HCA Confidential Information from non -HCA data, then both the HCA Confidential Information and the non -HCA data with which it is commingled must be protected as described in this Attachment. 5. Confidential Information Shared with Subcontractors. If HCA Confidential Information provided under this Agreement is to be shared with a Subcontractor, the Contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition. When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to HCA or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.htmi). For RCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 9 Special Terms & Conditions Attachment 2 Substance Use Disorder Optional Services and Activities Allowable under CJTA Service Brief Intervention (Any Level, Assessment not Required) Acute Withdrawal Management (ASAM Level 3.2WM) Sub -Acute Withdrawal Management (ASAM Level 3.2WM) Outpatient Treatment (ASAM Level 1) Intensive Outpatient Treatment (ASAM Level 2.1) Opiate Substitution Treatment (ASAM Level 1) Case Management (Level 1, 2) Intensive Inpatient Residential Treatment (ASAM Level 3.5) Long-term Care Residential Treatment (ASAM Level 3.3) Recovery House Residential Treatment (ASAM Level 3.1) Assessment (to include Assessments done while in jail) Interim Services Community Outreach Involuntary Commitment Investigations and Treatment Room and Board (Residential Treatment Only) Transportation Childcare Services Urinalysis Treatment in the Jail (limited to 8 sessions) Employment services and job training Relapse Prevention Family/Marriage education Peer-to-peer services, mentoring and coaching Self-help and support groups Housing Support Services (rent and/or deposits) Life Skills Spiritual and faith -based support Education Parent education and child development HCA Contract Services 7017CF County Program Agreement (07-16-2018) Page 10