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CLIENT SERVICES CONTRACT HCA Contract No.: K3958
Washington StateorityCJTA Funded Treatment and Recovery Amendment No.: 1
Health Care uthSupport services
AMENDMENT
THIS AMENDMENT TO THE CONTRACT is between the Washington State Health Care Authority and
the party whose name appears below, and is effective as of the date set forth below.
CONTRACTOR NAME CONTRACTOR doing business as (DBA)
Grant County
CONTRACTOR CONTACT
Veronica Perez
Phone: (509) 765-9239
Email: vrperez angrancountywa.gov
WHEREAS, HCA and Contractor previously entered into a Contract for CJTA Funded Treatment and
Recovery Support Services, and;
WHEREAS, HCA and Contractor wish to amend the Contract pursuant to Section 4.3 to: 1) extend the
term; 2) update the total maximum compensation; 3) align contract and statement of work language;
NOW THEREFORE, the parties agree the Contract is amended as follows:
1. The Total Maximum Contract Amount for July 1, 2020 to June 30, 2021 is $168,327.00.
2. The Contract is extended for the term of July 1, 2020 to June 30, 2021.
3. Section 2, Definitions, "Centers for Medicare and Medicaid Services" is deleted in its entirety.
4. Section 2, Definitions, "State Fiscal Quarter' is added as follows:
"State Fiscal Quarter" means quarterly periods of January 1 through March 31, April 1 through
June 30, July 1 through September 30, and October 1 through December 31.
5. Section 2, Definitions, "Subrecipient" is deleted in its entirety.
6. Section 3, Special Terms and Conditions, 3.1 Performance Expectations, is amended to read as
follows:
3.1 Performance Expectations
Expected performance under this Contract includes, but is not limited to, the following:
3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to
subject of contract;
3.1.2 Use of professional judgment;
3.1.3 Collaboration with HCA staff in Contractor's conduct of the services;
HCA Contract No. K3958-01 Page 1 of 24
3.1.4 Conformance with HCA directions regarding the delivery of the services;
3.1.5 Timely, accurate and informed communications;
3.1.6 Regular completion and updating of project plans, reports, documentation and
communications; and
3.1.7 Provision of high quality services.
HCA will review and evaluate the performance of Contractor in accordance with Contract
and these performance expectations and may withhold allocation of funding if
expectations are not met or Contractor's performance is unsatisfactory.
7. Section 3, Special Terms and Conditions, 3.2 Term, 3.2.3 is amended to read as follows:
3.2.3 Work performed without a contract or amendment signed by the authorized
representatives of both parties will be at the sole risk of the Contractor. HCA will not pay
any costs incurred before the effective date of a fully executed contract or any
subsequent amendment(s).
8. Section 3, Special Terms and Conditions, 3.3 Compensation, 3.3.1 is amended to read as
follows:
3.3.1 The Maximum Compensation payable to Contractor for the performance of all things
necessary for or incidental to the performance of work as set forth in:
3.3.1.1. Schedule A: Statement of Work (2019-2020) is $90,027, and includes any
allowable expenses. The Maximum Compensation includes $90,027 CJTA
funding, $0 State Drug Court funding; and
3.3.1.2 Schedule A-1, Statement of Work (2020-2021) is $168,327, and includes any
allowable expenses. The Maximum Compensation includes $90,027 CJTA
funding, $0 State Drug Court funding, and $78,300 Supplemental CJTA per
ESSB 6168.
9. Section 3, Special Terms and Conditions, 3.3 Compensation, 3.3.2 is amended to read as
follows:
3.3.2 Contractor's compensation for services rendered will be paid monthly in amounts of
1/12th of the State Fiscal Year Total Maximum Compensation, in consideration of the
deliverables table(s) below. Payment will be contingent upon HCA Contract Manager
acceptance of the deliverables, and approval of a correct and complete Revenue and
Expenditure Report from Contractor.
HCA Contract No. K3958-01 Page 2 of 24
10. Section 3, Special Terms and Conditions, 3.3 Compensation, 3.3.2, Deliverables Table July 1,
2020 through June 30, 2021, is added as follows:
Deliverables Table
July 1, 2020 through June 30, 2021
#
Deliverable
Due Date
(Quarterly) Annual
Maximum Amount
1
Submit an updated county Criminal
October 1, 2020
$42,087
Justice Treatment Account (CJTA)
Plan that was approved by the local
CJTA panel and signed by County
Legislative Authority that indicates
how the CJTA Supplemental will be
utilized.
2
Submit quarterly progress reports
45 calendar days of end
($10,520) $42,080
of State Fiscal Quarter
3
Submit quarterly CJTA Revenue and
45 calendar days of end
($10,520) $42,080
Expenditure Reports
of State Fiscal Quarter
4
Submit monthly and/or quarterly
45 calendar days of end
($10,520) $42,080
Programmatic Treatment Reports
of State Fiscal Quarter
through Secure File Transfer (SFT)
process
State Fiscal Year 2021 Total Maximum Compensation
$168,327
11. Section 3, Special Terms and Conditions, 3.3 Compensation, 3.3.3-6 are amended to read as
follows:
3.3.3 The Contractor is required to limit Administration costs to no more than ten percent
(10%) of the Contract Maximum Compensation. Administration costs will be
measured on a fiscal year basis and based on the information reporting in the
Revenue and Expenditure reports and reviewed by the HCA Behavioral Health
Administration.
3.3.4 Payment may be withheld if the deliverables are not met by the date indicated in
the table above.
3.3.5 Day-to-day expenses related to performance under the Contract, including but not
limited to travel, lodging, meals, and incidentals, will not be reimbursed to
Contractor.
3.3.6 Source of Funds. The above Maximum Compensation payable under this Contract
is based on the funding from the following sources:
HCA Contract No. K3958-01 Page 3 of 24
3.3.6.1 100% is allocated under this Contract from Washington state CJTA
appropriations.
3.3.6.2 Funding Stipulations:
a) No Federal Match. The Contractor shall not use funds payable under
this Contract as match toward federal funds.
b) Supplanting. The Contractor may use these funds to supplement, not
supplant, the amount of federal, state and local funds otherwise
expended for services provided under this Contract.
Prohibition of Use of Funds for Lobbying Activities. The Contractor
must not use funds payable under this Contract for lobbying activities
of any nature. The Contractor certifies that no state or federal funds
payable under this Contract shall be paid to any person or organization
to influence, or attempt to influence, either directly or indirectly, an
officer or employee of an state or federal agency, or an officer or
member of any state or federal legislative body or committee,
regarding the award, amendment, modification, extension, or renewal
of a state or federal contract or grant.
d) Per RCW 71.24.580(11), the HCA is required to reclaim any unspent
allocations each state fiscal year.
12. Section 3, Special Terms and Conditions, 3.4 Invoice and Payment, is renamed and amended to
read as follows:
3.4 Revenue and Expenditure / Payments
3.4.1 Contractor must submit accurate and complete Revenue and Expenditure Reports
for all amounts allocated by HCA via e-mail to the HCA Contract Manager,
identified in Section Error! Reference source not found.. Contractor must include t
he County name in the subject line of the email and the title of the Report
attachment.
3.4.2 Revenue and Expenditure Reports must provide a detailed breakdown of each
type. All Revenue and Expenditure Reports will be reviewed and must be approved
by the HCA Contract Manager or his/her designee prior to ongoing payment.
3.4.3 HCA will return incorrect or incomplete Revenue and Expenditure Reports to the
Contractor for correction and reissue. HCA reserves the right to request any
supplemental documentation related to the information contained in the Revenue
and Expenditure Report, including applicable invoices between the Contractor and
their subcontractor.
3.4.4 In order to receive allocations under this agreement, Contractor must register with
the Statewide Payee Desk at https://ofm.wa.gov/it-systems/statewide-
vendorpayee-services/receiving-payment-state. Payment will be directly deposited
in the bank account or sent to the address Contractor designated in its registration.
HCA Contract No. K3958-01 Page 4 of 24
3.4.5 Upon expiration of the Contract, any claims for payment for costs due and payable
under this Contract that are incurred prior to the expiration date must be submitted
by the Contractor to HCA within sixty (60) calendar days after the Contract
expiration date. HCA is under no obligation to pay any claims that are submitted
sixty-one (61) or more calendar days after the Contract expiration date ("Belated
Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential
payment is contingent upon the availability of funds.
13. Section 3, Special Terms and Conditions, 3.5 Contractor and HCA Contract Managers, 3.5.2 is
amended to read as follows:
3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance and
will be the contact person for all communications regarding contract performance and
deliverables. The HCA Contract Manager has the authority to accept or reject the
services provided and must approve Contractor's Revenue and Expenditure Reports prior
to subsequent payment(s).
14. Section 3, Special Terms and Conditions, 3.5 Contractor and HCA Contract Managers, 3.5.3
HCA Contract Manager Title is updated to "Criminal Justice Behavioral Health Administrator."
15. Section 3, Special Terms and Conditions, 3.7 Incorporation of Documents and Order of
Precedence, is amended to read as follows:
3.7 Incorporation of Documents and Order of Precedence
Each of the documents listed below is by this reference incorporated into this Contract. In
the event of an inconsistency, the inconsistency will be resolved in the following order of
precedence:
3.7.1 Applicable Federal and State of Washington statutes and regulations;
3.7.2 Recitals;
3.7.3 Special Terms and Conditions;
3.7.4 General Terms and Conditions;
3.7.5 Schedule B: Data Use, Security, and Confidentiality;
3.7.6 Attachment 1: Confidential Information Security Requirements;
3.7.7 Schedule A: Statement of Work;
3.7.8 Attachment 2: Quarterly Progress Report Template
3.7.9 Attachment 3: Quarterly Revenue and Expenditure Report Template; and
3.7.10 Any other provision, term or material incorporated herein by reference of otherwise
incorporated.
16. Section 4, General Terms and Conditions, 4.7 Confidential Information Protection, is amended to
read as follows:
HCA Contract No. K3958-01 Page 5 of 24
4.7 Confidential Information Protection
4.7.1 Contractor acknowledges that some of the material and information that may come
into its possession or knowledge in connection with this Contract or its
performance may consist of Confidential Information. Contractor agrees to comply
with the requirements of Schedule B, Data Use, Security, and Confidentiality, and
Attachment 1, Confidential Information Security, attached hereto and incorporated
herein.
4.7.2 The obligations set forth in this Section, and the referenced Schedule B and
Attachment 1, must be included in all Subcontracts related to the work performed
under this Contract.
4.7.3 The obligations set forth in this Section will survive completion, cancellation,
expiration, or termination of this Contract.
17. Section 4, General Terms and Conditions, Subsections 4.8, Confidential Information Security,
and 4.9 Confidential Information Breach — Required Notification, are deleted in their entirety. All
subsequent subsections are renumbered and internal references updated accordingly.
18. Section 4, General Terms and Conditions, 4.24 Overpayments to Contractor, is amended to
read as follows:
4.24 Overpayments to Contractor
In the event that overpayments or erroneous payments have been made to the Contractor
under this Contract, HCA will provide written notice to Contractor and Contractor will
refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor
fails to make timely refund, HCA may withhold up to 5% of the monthly amount Contractor
reports on the Revenue and Expenditure Report(s) per month, until the overpaid amount
is recouped in full. If the Contractor disagrees with HCA's actions under this section, then
it may invoke the dispute resolution provisions of Section 4.13 Disputes.
19. Section 4, General Terms and Conditions, 4.26 Publicity, 4.26.2 is amended to read as follows:
4.26.2 Contractor agrees not to publish or use such advertising, marketing, sales promotion
materials, publicity or the like through print, voice, the Web, and other communication
media in existence or hereinafter developed without the express written consent of HCA
prior to such use.
20. Section 4, General Terms and Conditions, 4.31 Rights of State and Federal Governments, is
deleted in its entirety. All remaining subsections are subsequently renumbered and internal
references updated accordingly.
21. Section 4, General Terms and Conditions, 4.33 Subcontracting, 4.33.1 is amended to read as
follows:
4.33.1 In no event will the existence of the subcontract operate to release or reduce the liability
of Contractor to HCA for any breach in the performance of Contractor's duties.
HCA Contract No. K3958-01 Page 6 of 24
22. Section 4, General Terms and Conditions, 4.33 Subcontracting, subsection 4.33.4 is deleted in
its entirety. All remaining subsections are subsequently renumbered and internal references
updated accordingly.
23. Section 4, General Terms and Conditions, 4.36 Termination, 4.36.1 Termination for Default, is
amended to read as follows:
4.36.1 Termination for Default
In the event HCA determines that Contractor has failed to comply with the terms and
conditions of this Contract, HCA has the right to suspend or terminate this Contract.
HCA will notify Contractor in writing of the need to take corrective action. If corrective
action is not taken within the timeframe identified in the notification, or other time period
agreed to in writing by both parties, the Contract may be terminated. HCA reserves the
right to suspend all or part of the Contract, withhold further payments, or prohibit
Contractor from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by Contractor or a decision by
HCA to terminate the Contract.
In the event of termination for default, Contractor will be liable for damages as
authorized by law including, but not limited to, any cost difference between the original
Contract and the replacement or cover Contract and all administrative costs directly
related to the replacement Contract, e.g., cost of the competitive bidding, mailing,
advertising, and staff time.
If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was
outside of its control, fault or negligence, the termination will be deemed a 'Termination
for Convenience."
24. Schedule A-1, Statement of Work, replaces Schedule A, and is attached hereto and
incorporated herein.
25. Schedule B, Data Use, Security, and Confidentiality, is added, attached hereto and incorporated
herein.
26. Attachment 2-A, Criminal Justice Treatment Account, replaces Attachment 2, and is attached
hereto and incorporated herein.
27. Attachment 4, CJTA Programmatic Treatment Report, is attached as a separate Excel document
and incorporated herein.
28. This Amendment will be effective July 1, 2020 ("Effective Date").
29. All capitalized terms not otherwise defined herein have the meaning ascribed to them in the
Contract.
30. All other terms and conditions of the Contract remain unchanged and in full force and effect.
The parties signing below warrant that they have read and understand this Amendment and have
authority to execute the Amendment. This Amendment will be binding on HCA only upon signature by
both parties.
HCA Contract No. K3958-01 Page 7 of 24
CO CTO SIGNATU
If L
PRINTED NAME AND TITLE
Cindy Carter, BOCC Chair
DATE SIGNED
(1/k
HCA SI TUR
PRINTED NAME AND TITLE
DATE SIGNED
HCA Contract No. K3958-01 Page 8 of 24
Schedule A-1
Statement of Work
Contractor will provide the services and staff, and otherwise do all things necessary for, or incidental to,
the performance of work as set forth below.
1. Definitions
"American Society of Addiction Medicine (ASAM)" means the six dimensions to identify the intensity of
treatment services that best fits the individual's needs and provides a common language of holistic,
biopsychosocial assessment, and treatment across addiction treatment, physical health, and mental health
services, which also addresses the spiritual issues relevant in recovery.
"Case Management" or "Case Management Services" means services provided by a Substance Use
Disorder Professional (SUDP) or Substance Use Disorder Professional Trainee (SUDPT) licensed by the
Washington Department of Health, or a person under the direct clinical supervision of a SUDP, to individuals
assessed as needing treatment and admitted into treatment. Services are provided to assist clients in gaining
access to needed medical, social, educational, and other services. Services include case planning, case
consultation and referral, and other support services for the purpose of engaging and retaining or maintaining
clients in treatment.
"Continuity of Care" means the provision of continuous care for chronic or acute medical and behavioral
health conditions to maintain care that has started or been authorized to start as the Individual transitions
between: facility to home; facility to another facility; providers or service areas; managed care contractors;
and Medicaid fee-for-service and managed care arrangements. Continuity of Care occurs in a manner that
prevents secondary illness, health care complications, or re -hospitalization; and promotes optimum health
recovery.
"County Match" means that jurisdictions must match, on a dollar -for -dollar basis, state moneys allocated for
therapeutic courts with local cash or in-kind resources. Moneys allocated by the state may be used to
supplement, not supplant other federal, state, and local funds for therapeutic courts (RCW 2.30.040).
"Criminal Justice Treatment Account (CJTA)" means the account created by Washington State
Legislature that may be expended solely for: substance use disorder treatment and treatment support
services for individuals with a substance use disorder that, if not treated, would result in addiction, against
whom charges are filed by a prosecuting attorney in Washington State (RCW 71.24.580).
"CJTA Plan" or "Plan" means the plan that is developed by the county human services or behavioral health
services department, county prosecutor, county sheriff, county superior court, a substance use disorder
treatment provider appointed by the county legislative authority, a member of the criminal defense bar
appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug
court (RCW 71.24.580(6)). The plan shall be approved by the county legislative authority or authorities; and,
submitted to the panel established in 71.24.580(5)(b) of this section, for disposition of all the funds provided
from the CJTA within that county.
"Culturally and Linguistically Appropriate Services (CLAS)" means the national standards in health and
health care intended to advance health equity, improve quality, and eliminate health disparities by
establishing a blueprint for health and health care organizations.
"Division of Behavioral Health and Recovery" or "DBHR" means the Health Care Authority's Division of
Behavioral Health and Recovery, and its employees and authorized agents.
HCA Contract No. K3958-01 Page 1 of 24
"Drug Court" means a court utilizing a program structured to achieve both a reduction in criminal recidivism
and an increase in the likelihood of rehabilitation through continuous and intense judicially supervised
treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020).
"Evidence -based Practice" or "EBP" means a prevention or treatment service or practice that has been
validated by some form of documented research evidence and is appropriate for use with individuals with a
substance use disorder that are involved in the criminal justice system. EBP also means a program or
practice that has been tested where the weight of the evidence from review demonstrates sustained
improvements in at least one outcome, and/or a program or practice that can be implemented with a set of
procedures to allow successful replication in Washington and, when possible, is determined to be cost -
beneficial.
"Individual" means any person in the criminal justice system who is in need of behavioral health services,
regardless of income, ability to pay, insurance status or county of residence.
"Medication Assisted Treatment (MAT)" or "Medications for Opioid Use Disorder (MOOD)" both mean
the use of FDA -approved opioid agonist medications (e.g., methadone, buprenorphine products including
buprenorphine/naloxone combination formulations and buprenorphine mono -product formulations) for the
treatment of opioid use disorder and the use of opioid antagonist medication (e.g. naltrexone products
including extended-release and oral formulations) to prevent relapse to opioid use.
"Outreach" or "Community Outreach" means identification of hard -to -reach Individuals with a possible SUD
and engagement of these individuals in assessment and ongoing treatment services as necessary.
"Research -based" means a program or practice that has been tested with a single randomized, or
statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight
of the evidence from a systemic review supports sustained outcomes as described in this subsection but
does not meet the full criteria for evidence -based (RCW 2.30.020).
"Recovery Support Services (RSS)" means services that are intended to promote an individual's
socialization, recovery, self -advocacy, development of natural support, and maintenance of community living
skills. RSS include, but are not limited to, the following services: Supported employment services, supportive
housing services, peer support services, wraparound facilitation services, and any other services that are
conducive to an individual's recovery in an Substance Use Disorder (SUD) Program (WAC 246-341-0718).
"Substance Use Disorder (SUD)" means a problematic pattern of using alcohol or another substance that
results in the impairment in daily life or noticeable distress; and, whereby the individualcontinues use despite
leading to clinically significant impairment or distress as categorized in the DSM -5.
"Substance Use Disorder Professional (SUDP)" means an individual who is certified according to RCW
18.205.020 and the certification requirements of WAC 246-811-030 to provide SUD services.
"Substance Use Disorder Professional Trainee (SUDPT)" means an individual working toward the
education and experience requirements for certification as a chemical dependency professional, and who
has been credentialed as a CDPT
"Therapeutic Courts" means a court utilizing a program or programs structured to achieve both a reduction
in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out -of -
home placements of children, termination of parental rights, and substance use and mental health symptoms
among parents or guardians and their children through continuous and intense judicially supervised
treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020).
HCA Contract No. K3958-01 Page 2 of 24
"Treatment" means services that are critical to a participant's successful completion of his or her substance
use disorder treatment program, including but not limited to the recovery support and other programmatic
elements outlined in Chapter 246-341 WAC.
"Treatment Support" means services such as transportation to or from inpatient or outpatient treatment
services when no viable alternative exists, and child care services that are necessary to ensure a
participant's ability to attend outpatient treatment sessions.
"Washington State Jail" or "Jail" means any city, county, regional, or tribal jail operating in the state of
Washington.
2. Purpose
Contractor will provide treatment and recovery support services, funded by Criminal Justice Treatment
Account funds, to individuals involved in the criminal justice system in accordance with RCW 71.24.580.
3. CTJA Account Services Specific Eligibility and Funding Requirements
In accordance with RCW 71.24.580, the Contractor will be responsible for treatment and recovery support
services for criminally involved individuals.
a. CJTA Statutory Funding Guidelines
1. In accordance with RCW 2.30.040 counties that use CJTA and/or State Drug Court funds to support
or provide services to Therapeutic Court Program participants must match, on a dollar -for -dollar
basis, an equal amount of local funding through cash or in-kind resources. Moneys appropriated
under this provision may be used to supplement, not supplant other federal, state, and local funds for
therapeutic courts.
2. No more than ten percent (10%) of the total CJTA funds may be used for the following support
services combined:
i. Transportation; and
ii. Child Care Services.
3. State Drug Court
i. In addition to state funding under the CJTA, several counties receive additional state funding
specifically for Drug Courts. State Drug Court funding is provided to the following counties:
Clallam, Cowlitz, King, Kitsap, Pierce, Skagit, Spokane, and Thurston. The counties that
receive State Drug Court funding must ensure the provision of substance use disorder
treatment and support services detailed in this Contract, and in accordance with RCW
71.24.580 ad RCW 2.30.030.
4. Supplemental Appropriations for State Fiscal Year 2021
Engrossed Substitute Senate Bill 6168; Section 212 § 72 provided one time supplemental
funding under the CJTA:
HCA Contract No. K3958-01 Page 3 of 24
(a) $4,500,000 of the criminal justice treatment account—state appropriation for fiscal year
2021 is provided solely for the authority to provide funding for the setting up of new
therapeutic courts for cities or counties or for the expansion of services being provided to
an already existing therapeutic court that engages in evidence -based practices, to
include medication assisted treatment in jail settings pursuant to RCW 71.24.580.
Funding provided under this subsection shall not supplant existing funds utilized for this
purpose.
ii. Per RCW 71.24.580(5)(a), the HCA will distribute this funding through this agreement, with the
understanding that the Contractor will confer with the local CJTA Panels for purpose of
developing an amendment to the county or region's strategic plans for the utilization of funding
through the CJTA. This will allow the Contractor, in concert with the local CJTA Panel, to
collectively determine how to best use the supplemental funding in the context of the proviso.
iii. Cities or counties interested in developing new therapeutic courts will be referred to the
County CJTA Panel.
iv. Contractor will work with the local CJTA Panel to update their CJTA Plan, referenced in
Schedule A, Statement of Work, Section 6, below, to account for how the supplemental
appropriation will be utilized at their county and/or regional level.
5. At a minimum, thirty percent (30%) of all CJTA funds, including State Drug Court and State Fiscal
Year 2021 supplemental funding, is to be dedicated to special projects that meet any or all of the
following conditions:
An acknowledged best practice (or treatment strategy) that can be documented in published
research;
An approach utilizing either traditional or best practice approaches to treat significant
underserved population(s) and populations who are disproportionately affected by the criminal
justice system;
A regional project conducted in partnership with at least one other entity serving the service
area; and/or
iv. CJTA Special Projects. A special project would HCA retains the right to request progress
reports on CJTA special projects.
4. CJTA Funding –Allowable Services
a. Brief Intervention (any level, assessment not required);
b. Acute Withdrawal Management (ASAM Level 3.7WM);
c. Sub -Acute Withdrawal Management (ASAM Level 3.2WM);
d. Outpatient Treatment (ASAM Level 1);
e. Intensive Outpatient Treatment (ASAM Level 2.1);
HCA Contract No. K3958-01 Page 4 of 24
f. Opioid Treatment Program (ASAM Level 1);
g. Case Management (ASAM Level 1.2);
h. Intensive Inpatient Residential Treatment (ASAM Level 3.5);
i. Long-term Care Residential Treatment (ASAM Level 3.3);
j. Recovery House Residential Treatment (ASAM Level 3.1);
k. Assessment (to include Assessments done while in jail);
I. Interim Services;
m. Community Outreach;
n. Involuntary Commitment Investigations and Treatment;
o. Room and Board (Residential Treatment Only);
p. Transportation;
q. Childcare Services;
r. Urinalysis;
s. Recovery Support Services that may include:
1. Employment services and job training;
2. Relapse prevention;
3. Family/marriage education;
4. Peer-to-peer services, mentoring and coaching;
5. Self-help and spiritual, religious support groups;
6. Housing support services (rent and/or deposits);
7. Life skills;
8. Education Training (e.g. GED Assistance); and
9. Parent education and child development.
t. Substance Use Disorder treatment in the Jail:
1. CJTA funds may not supplant any currently funded programs that previously existed in a Jail
environment.
HCA Contract No. K3958-01 Page 5 of 24
2. The Contractor may not use more than 30% of their allocation for treatment in the Jail unless they
receive written authorization from the HCA Contract Manager or justification for doing so is detailed
in the CJTA Plan discussed in Schedule A, Statement of Work, Section 6, below.
3. If CJTA funds are utilized for these purposes, the Contractor must attempt to provide treatment with
the following stipulations:
I. 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;
ii. 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; and
iii. Initiate outpatient treatment services with individuals who will be released and transitioned into
community-based treatment.
4. The following treatment modalities may be provided through CJTA funding:
I. Engaging individuals in SUD treatment;
ii. Screening, assessing, and inducting individuals on MOUD;
iii. Referral to SUD services;
iv. Providing continuity of care; and
V. Planning for an individual's transition from Jail.
5. MAT in Therapeutic Courts
Per RCW 71.24.580, "If a region or county uses criminal justice treatment account funds to support a
therapeutic court, the therapeutic court must allow the use of all medications approved by the federal food
and drug administration for the treatment of opioid use disorder as deemed medically appropriate for a
participant by a medical professional. If appropriate medication -assisted treatment resources are not
available or accessible within the jurisdiction, the health care authority's designee for assistance must assist
the court with acquiring the resource."
a. The Contractor, under the provisions of this Contract, will abide by the following guidelines related to
CJTA and Therapeutic Courts:
1. The Contractor will only subcontract with Therapeutic Courts that have policy and procedures
allowing Participants at any point in their course of treatment to seek FDA -approved medication for
any substance use disorder and ensuring the agency will provide or facilitate the induction of any
prescribed FDA approved medications for any substance use disorder.
2. The Contractor will only subcontract with Therapeutic Court programs that work with licensed SUD
behavioral health treatment agencies that have policy and procedures in place ensuring they will not
HCA Contract No. K3958-01 Page 6 of 24
deny services to Enrollees who are prescribed any of the Federal Drug Administration (FDA)
approved medications to treat all substance use disorders.
3. The Contractor may not subcontract with a Therapeutic Court program that is known to have policies
and procedures in place that mandate titration of any prescribed FDA approved medications to treat
any substance use disorder, as a condition of participants being admitted into the program,
continuing in the program, or graduating from the program, with the understanding that decisions
concerning medication adjustment are made solely between the participant and their prescribing
provider.
4. The Contractor must notify the HCA if it discovers that a CJTA funded Therapeutic program is
practicing any of the following:
i. Requiring discontinuation, titration, or alteration of their medication regimen as a precluding
factor in admittance into a Therapeutic Court program;
ii. Requiring participants already in the program discontinue MOUD in order to be in compliance
with program requirements;
iii. Requiring discontinuation, titration, or alteration of their MOUD medication regimen as a
necessary component of meeting program requirements for graduation from a Therapeutic
Court program.
5. All decisions regarding an individual's amenability and appropriateness for MOUD will be made by
the individual in concert with a medical professional.
6. CJTA Plan
a. The Contractor must coordinate with the local CJTA panel for the county or region in order to facilitate the
planning process with community and governmental partners described in RCW 71.24.580(6). County
level funding priorities are established by the local CJTA Panel. The plans should detail the coordination
within the county, leverage the needed services for the community, and reach the intended population for
the CJTA fund. Any CJTA funded efforts must be included in the CJTA Plan, including the following
specific elements:
1. Describe in detail how substance use disorder treatment and support services will be delivered
within the region;
2. Per section 3.a.1 of this Statement of Work, address the CJTA Account Match Requirement if funds
provide treatment or recovery support services for therapeutic court participants;
3. Include details on special projects such as best practices/treatment strategies, significant
underserved population(s), or regional endeavors, including the following:
i. Describe the project and how it will be consistent with the strategic plan;
ii. Describe how the project will enhance treatment services for individuals in the criminal justice
system;
HCA Contract No. K3958-01 Page 7 of 24
iii. Indicate the number of individuals who will be served using innovative funds;
iv. If applicable, indicate plans for inclusion of MOUD within the county's Therapeutic Court
programs; and
V. Address the Fiscal and programmatic Data Reporting requirements found in Section 7 of this
Statement of Work.
4. The final plan must be approved by the county's legislative authority.
5. Completed and legislatively approved plans must be submitted to the HCA for Review and Approval.
Plan will be forwarded to the State CJTA Panel once approved by the HCA. The Contractor must
implement the plan as it is written and notify the HCA if any changes are made.
6. CJTA Plans are due by October 15, 2019 and are updated every two years, unless special
circumstances dictate and approved by HCA, to coincide with the state fiscal biennium. Contractor
may request an extension of up to 30 calendar days on the CJTA Plan due date, and HCA may
approve the extension in its sole discretion.
7. Data Reporting Requirements
a. The Contractor shall ensure that staffing is sufficient to support CJTA-related data analytics and related
data systems to oversee all data interfaces and support the specific reporting requirements under
Contract.
b. The Contractor shall ensure that all Subcontractors required to report programmatic data have the
capacity to submit all HCA required data to enable the Contractor to meet the requirements under the
Contract.
c. There are three quarterly reports that the Contractor will be responsible for submitting: The Quarterly
Progress Report (QPR), the Revenue and Expenditure Report (R&E), and the Programmatic Treatment
Report(PTR).
1. The Contractor will be responsible for submitting the QPR. The HCA will provide the Contractor with
a template form that will report on the following program elements:
i. Number of individuals served under CJTA funding for that time period;
ii. Barriers to providing services to the Criminal Justice Population;
iii. Strategies to overcome the identified barriers;
iv. Training and Technical assistance needs;
V. Success stories or narratives from individuals receiving CJTA services; and
vi. If a Therapeutic Court receives CJTA funded services, the number of admissions of
individuals into the program who were either already on MOUD, referred to MOUD, or were
provided information regarding MOUD.
HCA Contract No. K3958-01 Page 8 of 24
2. The Contractor will be responsible for submitting the R&E on a quarterly basis. The HCA will provide
the Contractor with a template form that captures the fiscal expenditures for that quarter. The
Contractor:
i. Will use the Excel spreadsheet provided by the HCA;
ii. Will report the amount of CJTA expenditures in their Contractor for each state fiscal quarter
(State Fiscal quarters end on March 31, June 30, September 30, and December 31);
iii. Complete the document in its entirety; and
iv. Submit the internally reviewed and complete R&E report within 45 days of the end of each
State Fiscal Quarter.
3. The Contractor is responsible for submitting the PTR each quarter through a Secure File Transfer
(SFT). The HCA will provide the Contractor with an excel workbook template that will capture a
variety of demographic and programmatic data that supports the services being provided by the
state appropriations. In addition, this process will include the following:
i. The Contractor will ensure that their subcontractor has the bandwidth to complete all data
elements requested in the PTR.
ii. The Contractor may allow the subcontractor to do all data entry but the PTR must be
submitted into the Behavioral Health Data System (BHDS) by the Contractor through the
established Secure File Transfer procedure within 45 days of the end of each State Fiscal
Quarter. The Contractor may request an extension of this requirement during the first Contract
term. Files submitted must conform to the following naming convention: <County
Name>_<Contractor Name>_<Date of Upload>.
iii. The Contractor will review for completeness and accuracy each PTR that they receive from
the subcontractor.
iv. The Contractor will work with their subcontractors to ensure that any applicable Release of
Information (ROI) forms are updated to account for the sharing of Personal Health Information
(PHI) with the HCA.
HCA Contract No. K3958-01 Page 9 of 24
Schedule B
DATA USE, SECURITY, AND CONFIDENTIALITY
1. Definitions
In addition to the definitions set out in Section 2, Definitions, of the Contract, and Schedule A, Statement of
Work, Section 1, the definitions below apply to this Exhibit:
"Authorized User" means an individual or individuals with an authorized business need to access HCA's
Confidential Information under this Contract.
"Client" means an individual who is eligible for or receiving Medicaid services
"Data" means the information that is disclosed or exchanged as described by this Contract. For purposes
of this Contract, Data means the same as "Confidential Information."
"Disclosure" means the release, transfer, provision of, access to, or divulging in any other manner of
information outside the entity holding the information.
"Personal Information" means information identifiable to any person, including, but not limited to,
information that relates to a person's name, health, finances, education, business, use, or receipt of
governmental services or other activities, address, telephone numbers, social security numbers, driver's
license numbers, credit card numbers, any other identifying numbers, and any financial identifiers.
"ProviderOne" means the Medicaid Management Information System (MMIS), which is the State's
Medicaid payment system managed by HCA.
"Regulation" means any federal, state, or local regulation, rule, or ordinance.
"Use" includes the sharing, employment, application, utilization, examination, or analysis of Data
2. Description of Data
2.1. Contractor, and/or Subcontracors will collect the Data necessary for the CJTA Programmatic
Treatment Report, Attachment 4, attached hereto and incorporated herein . The Data will be
submitted directly into the Behavioral Health Data System (BHDS).
3. Data Classification
The State classifies data into categories based on the sensitivity of the data pursuant to the Security policy
and standards promulgated by the Office of the state of Washington Chief Information Officer. (See Section
4, Data Security, of Securing IT Assets Standards No. 141.10 in the State Technology Manual at
https://ocio.wa.gov/policy/securing-information-technology-assets. Section 4 is hereby incorporated by
reference.)
The Data that is the subject of this Contract may be in any of the Categories indicated below:
❑ Category 1 — Public Information
Public information is information that can be or currently is released to the public. It does not need
protection from unauthorized disclosure, but does need integrity and availability protection controls.
HCA Contract No. K3958-01 Page 1 of 24
❑ Category 2 — Sensitive Information
Sensitive information may not be specifically protected from disclosure by law and is for official use
only. Sensitive information is generally not released to the public unless specifically requested.
❑ Category 3 — Confidential Information
Confidential information is information that is specifically protected from disclosure by law. It may
include but is not limited to:
• Personal Information about individuals, regardless of how that information is obtained;
• Information concerning employee personnel records;
• Information regarding IT infrastructure and security of computer and telecommunications systems;
® Category 4 — Confidential Information Requiring Special Handling.
Category 4 Data is information that is specifically protected from disclosure and for which:
• Especially strict handling requirements are dictated, such as by statutes, regulations, or
agreements;
• Serious consequences could arise from unauthorized disclosure, such as threats to health and
safety, or legal sanctions.
4. Constraints on Use of Data
4.1. The Data being shared/accessed is owned and belongs to HCA.
4.2. This Contract does not constitute a release of the Data for the Contractor's discretionary use.
Contractor must use the Data received or accessed under this Contract only to carry out the purpose
of this Contract. Any analyses, use, or reporting that is not within the Purpose of this Contract is not
permitted without HCA's prior written consent.
4.3. Data collected and shared under this Contract includes data protected by 42 C.F.R. Part 2. In
accordance with 42 C.F.R. § 2.32, this Data has been disclosed from records protected by federal
confidentiality rules (42 C.F.R. Part 2). The federal rules prohibit Receiving Party from making any
further disclosure of the Data that identifies a patient as having or having had a substance use
disorder either directly, by reference to publicly available information, or through verification of such
identification by another person unless further disclosure is expressly permitted by the written consent
of the individual whose information is being disclosed or as otherwise permitted by 42 C.F.R. Part 2.
A general authorization for the release of medical or other information is NOT sufficient for this
purpose (42 C.F.R. § 2.31). The federal rules restrict any use of the SLID Data to investigate or
prosecute with regard to a crime any patient with a substance use disorder, except as provided at 42
C.F.R. § 2.12(c)(5) and § 2.65.
4.4. Any disclosure of Data contrary to this Contract is unauthorized and is subject to penalties identified
in law.
5. Security of Data
5.1. Data Protection
HCA Contract No. K3958-01 Page 2 of 24
The Contractor must protect and maintain all Confidential Information gained by reason of this
Contract, information that is defined as confidential under state or federal law or regulation, or Data
that HCA has identified as confidential, against unauthorized use, access, disclosure, modification or
loss. This duty requires the Contractor to employ reasonable security measures, which include
restricting access to the Confidential Information by:
i. Allowing access only to staff that have an authorized business requirement to view the
Confidential Information; and
ii. Physically securing any computer, documents, or other media containing the
Confidential Information.
5.2. Data Security Standards
Contractor must comply with the Data Security Requirements set out in Attachment 1, Confidential
Information Security Requirements, and the Washington OCIO Security Standard, 141.10, which will
include any successor, amended, or replacement regulation (httos://ocio.wa.gov/policy/securing-
information-technology-assets.) The Security Standard 141.10 is hereby incorporated by reference
into this Contract.
5.3. Data Disposition
For the purposes of this section "fiscal year" is from July 1 to June 30.
Upon request by HCA, at the end of the Contract term, when no longer needed, or 6 years after the
end of the fiscal year in which the Data is received, Confidential Information/Data must be returned to
HCA or disposed of as set out in Attachment 1, Confidential Information Security Requirements,
except as required to be maintained for compliance or accounting purposes.
6. Data Confidentiality and Non -Disclosure
6.1. Data Confidentiality
The Contractor will not use, publish, transfer, sell or otherwise disclose any Confidential Information
gained by reason of this Contract for any purpose that is not directly connected with the purpose of
this Contract, except:
• as provided by law; or
• with the prior written consent of the person or personal representative of the person who is the
subject of the Confidential Information.
6.2. Non -Disclosure of Data
The Contractor must ensure that all employees or Subcontractors who will have access to the Data
described in this Contract (including both employees who will use the Data and IT support staff) are
instructed and made aware of the use restrictions and protection requirements of this Contract before
gaining access to the Data identified herein. The Contractor will also instruct and make any new
employee aware of the use restrictions and protection requirements of this Contract before they gain
access to the Data.
HCA Contract No. K3958-01 Page 3 of 24
The Contractor will ensure that each employee or Subcontractor who will access the Data signs the
User Agreement on Non -Disclosure of Confidential Information, Exhibit B hereto. The Contractor will
retain the signed copy of the User Agreement on Non -Disclosure of Confidential Information in each
employee's personnel file for a minimum of six years from the date the employee's access to the Data
ends. The documentation must be available to HCA upon request.
6.3. Penalties for Unauthorized Disclosure of Data
State laws (including RCW 74.04.060 and RCW 70.02.020) and federal regulations (including HIPAA
Privacy and Security Rules, 45 CFR Part 160 and Part 164; Confidentiality of Alcohol and Drug
Abuse Patient Records, 42 CFR, Part 2; and Safeguarding Information on Applicants and
Beneficiaries, 42 CFR Part 431, Subpart F) prohibit unauthorized access, use, or disclosure of
Confidential Information. The Contractor must comply with all applicable federal laws and regulations
concerning collection, use, and disclosure of Personal Information and PHI. Violation of these laws
may result in criminal or civil penalties or fines.
The Contractor accepts full responsibility and liability for any noncompliance by itself, its employees,
and its Subcontractors with these laws and any violations of the Contract.
7. Data Shared with Subcontractors
If Data access is to be provided to a Subcontractor under this Contract, the Contractor must include all of
the Data security terms, conditions and requirements set forth in this Contract in any such Subcontract.
However, no subcontract will terminate the Contractor's legal responsibility to HCA for any work performed
under this Contract nor for oversight of any functions and/or responsibilities it delegates to any
subcontractor
8. Data Breach Notification
8.1. The Breach or potential compromise of Data must be reported to the HCA Privacy Officer at
PrivacvOfficer anhca.wa.00v within 2 business days of discovery. If the Contractor does not have full
details, it will report what information it has, and provide full details within 15 business days of
discovery. To the extent possible, these reports must include the following:
The identification of each individual whose PHI has been or may have been improperly
accessed, acquired, used, or disclosed;
The nature of the unauthorized use or disclosure, including a brief description of what
happened, the date of the event(s), and the date of discovery;
A description of the types of PHI involved;
The investigative and remedial actions the Contractor or its Subcontractor took or will take to
prevent and mitigate harmful effects, and protect against recurrence;
Any details necessary for a determination of the potential harm to individuals whose PHI is
believed to have been used or disclosed and the steps those individuals should take to protect
themselves; and
Any other information HCA reasonably requests
HCA Contract No. K3958-01 Page 4 of 24
8.2. The Contractor must take actions to mitigate the risk of loss and comply with any notification or other
requirements imposed by law or HCA including but not limited to 45 C.F.R. Part 164, Subpart D;
RCW 42.56.590; RCW 19.255.010; or WAC 284-04-625.
8.3. If notification of the Breach or possible Breach must, in the judgement of HCA, be made under the
HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW 19.255.010, or other law or rule, then:
HCA may choose to make any required notifications to the individuals, to the U.S. Department
of Health and Human Services (DHHS) Secretary, and to the media, or direct Contractor to
make them or any of them.
In any case, Contractor 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.
Contractor will compensate HCA clients for harms caused to them by any Breach or possible
Breach.
8.4. Any breach of this clause may result in termination of the Contractor and the demand for return or
disposition, as described in Section 5.3, of all Confidential Information.
8.5. Contractor's obligations regarding Breach notification survive the termination of this Contract and
continue for as long as Contractor maintains the Confidential Information and for any Breach or
possible Breach at any time.
9. Inspection
HCA reserves the right to monitor, audit, or investigate compliance with this Contract in regards to the
Personal Information and PHI of Enrollees collected, used, or acquired by Contractor during the term of this
Contract and for six (6) years following termination or expiration of this Contract. HCA will have access to
Contractor's records and place of business for this purpose. All HCA representatives conducting onsite
audits of Contractor agree to keep confidential any patient -identifiable information which may be reviewed
during the course of any site visit or audit.
10. Indemnification for Unauthorized Use or Release
The Contractor must indemnify and hold HCA and its employees harmless from any damages related to
the Contractor's or Subcontractor's unauthorized use or release of Personal Information or PHI of
Enrollees.
HCA Contract No. K3958-01 Page 5 of 24
Attachment 2-A: Quarterly Progress Report Template
CRIMINAL JUSTICE TREATMENT ACCOUNT
Please respond to each question and submit as a separate attachment with your quarterly R&E Report to: tony.walton@hca.wa.Rov
Report Quarter
❑July 2019 to September 2019 ❑October 2019 to December 2019
❑January 2020 to March 2020 ❑April 2020 to June 2020
Name of County completlnQ Report: Click or tap here to enter text.
Please enter your status for each Item, if Item is Incomplete please list your plan of correction (POC) including actions to be taken
and target date for completion.
1. Contractor entered all encounters and supplemental transactions funded by CJTA into the "CJTA Provider Entry Workbook'?
Dyes ONo
If no, please enter POC.
2. County submitted the CJTA Programmatic Treatment Report through the Secure File Transfer?
OYes ONo
If no, please enter POC.
3. County submitted the Quarterly Revenue and Expenditure Report?
Dyes ONo
If no, please enter POC.
4. County has made attempts to expand access to Recovery Support Services for the intended population?
Oyes ONo
If no, please enter POC.
5. CJTA funding provides services for individual in a Therapeutic Court Program?
Oyes ONo
If Yes, please indicate the number of individuals who were admitted into the program during this quarter who are receiving
medication assisted treatment or medications for opioid use disorder:
If Yes, please indicate what medications the individuals admitted into the program during this quarter are receiving (e.g.
Buprenorphine, Methadone, Naltexone):
6. Is there any indication that the Therapeutic Court programs benefitting from CJTA are denying access to, or requiring titration
from, any medications for opioid use disorder?
OYes []No
Please enter any additional comments here:
HCA Contract No. K3958-01 Page 1 of 24
Attachment 2-A: Quarterly Progress Report Template
7. CITA funding used in the local, county, city, or tribal Jail?
OYes ONo
If Yes, please indicate any barriers to providing treatment services and transitioning individuals into the community:
8. List any other significant accomplishments.
9. List any training or technical assistance needs.
10. Summarize any barrier(s) encountered and plans to overcome the barrier(s) with timeline.
11. Please include any other comments you would like to convey to the HCA Contract Manager:
Completed By:
Date:
HCA Contract No. K3958-01 Page 2 of 24