HomeMy WebLinkAboutAgreements/Contracts - GRIS (002)K20-0453
AMERIGROUP WASHINGTON, INC. ("Amerigroup") enters into this Memorandum of Understanding
("MOU") with Grant County dba Grant Integrated Services ("Provider") effective as of February 17, 2020.
I. PURPOSE
This MOU delineates the roles and responsibilities of Amerigroup and Provider related to the Washington
State Health Care Authority ("HCA") Community Behavioral Health Enhancement Payment Program (the
"Program"). Under the Program, per Engrossed Substitute House Bill 1109 (ESHB 1109), Chapter 415,
Laws of 2019 Section 215 (23) the Washington State legislature has approved funds to be distributed in
accordance with HCA's guidance and direction to certain eligible and certified behavioral health providers
to enhance Washington State's regional behavioral health systems ("Enhancement Funds"). Pursuant to
the Program and at HCA's direction, Amerigroup shall distribute the Enhancement Funds to such certified
and eligible behavioral health providers.
II. ENGAGEMENT
Amerigroup will distribute available Enhancement Funds to Provider, as more fully detailed in Exhibit A
attached hereto and incorporated herein. Provider will utilize any and all Enhancement Funds
distributed to Provider under the Program to support and enhance Provider's recruitment and retention
efforts for its behavioral health staff so that Provider is able to increase its ability to service Amerigroup
Medicaid members. The terms and conditions of Provider's Provider Participation Agreement with
Amerigroup are hereby incorporated into this MOU.
III. TERM AND TERMINATION
The initial term of this MOU shall be one (1) year. Either party may terminate this MOU with or without
cause on thirty (30) days' written notice to the other party.
IV. PROPRIETARY INFORMATION/CONFIDENTIALITY
(1) The parties acknowledge and agree that all information pertaining to this MOU, and all other
information related to Amerigroup programs, policies, protocols, and procedures, is proprietary
information (hereafter, "Proprietary Information"). The parties agree not to use Proprietary Information
except for the purpose of carrying out their obligations under this MOU. Neither party shall disclose
Proprietary Information to any person or entity without the other party's express written consent except
to the extent such information is available in the public domain, it was acquired by such party from a third
party not bound to preserve the confidentiality of such information, or the disclosure is required by law.
(2) Provider and Amerigroup each shall treat as confidential all information obtained in the course of
performance under this MOU to the extent that confidential treatment is required by applicable law or
regulation, including without limitation 42 C.F.R. §422.118 and 45 C.F.R. Parts 160 and 164, as may be
amended from time to time. Neither Provider nor Amerigroup shall use any such confidential information
so obtained in any manner, except as necessary for the party to discharge its obligations and to secure its
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rights hereunder. Provider and Amerigroup each shall have a system in effect to protect all records and
all other documents deemed confidential by law that are maintained in connection with the respective
activities of Provider or Amerigroup pursuant to this MOU. Any disclosure or transfer of confidential
information made by Provider or Amerigroup in accordance with this MOU will be in accordance with
applicable law.
V. ADDITIONAL PROVISIONS
(1) DISPUTE RESOLUTION.
The parties shall use their best, good faith efforts to cooperatively resolve disputes and problems that
arise in connection with this MOU, and to use informal methods to resolve those disputes whenever
possible.
(2) INDEMNIFICATION.
Amerigroup and Provider shall indemnify, defend, and hold each other harmless from claims, demands,
and causes of action arising out of this MOU asserted against the indemnitee by any party for personal
injury, death, or loss of or damage to property resulting from the indemnitor's negligence or willful
misconduct. Where personal injury, death, or loss of or damage to property is the result of joint
negligence or willful misconduct of Amerigroup and Provider, the indemnitor's duty of indemnification
shall be in proportion to its allocable share of such joint negligence or willful misconduct. If either party
is strictly liable under applicable law, the other party's duty of indemnification shall be in the same
proportion that its negligence or willful misconduct contributed to the personal injury, death, or loss of or
damage to property for which a party is strictly liable. The term "negligence' in this MOU shall include
active or passive negligence
(3) ENTIRE AGREEMENT AND MODIFICATION.
This MOU embodies the entire agreement and understanding between the parties with respect to the
subject matter hereof, and supersedes all prior agreements, letters of intent, and understandings
between the parties relating to the subject matter hereof. No amendment, modification, termination, or
waiver of any provision of this MOU shall be effective unless the same is set forth in a writing signed by a
representative of each party, and then only to the extent specifically set forth therein.
(4) NO THIRD PARTY RIGHTS.
This MOU is entered into by and between Amerigroup and Provider and shall not be deemed to create
any rights in any third parties or to create any obligations of either party to any third party.
(5) COUNTERPARTS.
This MOU may be executed in two or more counterparts, each of which shall be deemed an original but
all of which shall constitute one and the same instrument.
(6) NOTICE.
Whenever one party is required to give notice to the other party under this MOU, it shall be deemed given
if mailed by the United States Postal Services (USPS), as registered or certified mail, with a return receipt
requested, postage prepaid and addressed as follows.
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In the case of Amerigroup, notice shall be sent to the points of contact identified below:
Amerigroup Washington, Inc.
705 5th Avenue South, Suite 300
Seattle, Washington 98104
Attn:Jacquie Owens
Telephone: (206) 695-7081
Fax: (855) 292-3769
E-mail: iacauie.owens@ameriaroua.com
In the case of Provider, notice shall be sent to the points of contact identified below:
Dell Anderson, Execute Director
Fax: (509)765-4124
Email: daanderson@g rantcountywa.gov
Notice shall also be deemed given if personally delivered to the party at the address above or when
deposited for overnight delivery with a bonded courier holding itself out to the public as providing such
services, with charges prepaid and addressed as identified above. Notice shall become effective on the
date delivered as evidenced by the return receipt or the date returned to sender for a reason other than
insufficient postage. Either party may at anytime 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 (10th) day following the effective date of such notice unless a later day is specified
in the notice.
(7) COMPLIANCE WITH REGULATORY REQUIREMENTS.
Amerigroup and Provider each will comply with all applicable state and federal statutory and regulatory
requirements when performing their respective obligations under this MOU.
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IN WITNESS WHEREOF, Amerigroup and Provider have entered into this MOU effective as of February 17,
2020.
AMERIGROUP WASHINGTON, INC
Signature:
By:
Title:
Date:
Grant County dba Grant Integrated Services
Signature: J
By:
Title: JWD GL
Date: 3 LZ-IZ--O
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EXHIBIT A
1. Amerigroup will calculate Provider's Enhancement Funds distribution in accordance with ESHB
1109, HCA guidance and direction based on Provider's total accepted encounters and the total
number of providers in such region who are eligible under the Program. Amerigroup will payout
100% of the projected Enhancement Fund allocation until the funds are exhausted. The total
quarterly encounter rate will be divided between mental health encounters and substance
abuse encounters, resulting in a Mental Health Enhancement Rate and SUD Enhancement Rate.
Amerigroup will notify the Provider of any retroactive distribution adjustments, and Provider
will refund to Amerigroup any overpayments to Provider within thirty (30) days from the date of
such notification, and Amerigroup will distribute to Provider any underpayments within thirty
(30) days from the date of such notification. In the event that Provider participates in the
Program in more than one region, Provider will receive a separate distribution per region.
Provider will comply with all Program requirements.
a. For the North Central Region the enhancement funds are $7.60 for MH and $2.95 for
SLID multiplied by the total number of accepted encounters per quarter.
2. Distributions will be processed by the 10th of each month, in the month following the end of the
quarter, for as long as Enhancement Funds are available. Provider will submit a quarterly report
to Amerigroup that specifically identifies the behavioral health services and programs that were
enhanced by the Enhancement Funds, and also report increases in utilization and expansion of
services. Provider will also include such increases and expansion in its Encounter Data
submissions to Amerigroup. Reconciliations will take place within thirty (30) days from the
Enhancement Funds being received by Provider, on a quarterly basis.
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