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HomeMy WebLinkAboutCMS MEDICAL SERVICES CONTRACT Augusta Richmond GA DOCUMENT NAME: 1\1\ ed, Ccl\ oe.:,v ~ Ce~ CO('YL\'"o..c..f.. \A.\,-th 0 MS DOCUMENT TYPE: ~e.e<Y'e.t'""'c YEAR: 02.. BOX NUMBER: r7 FILE NUMBER: l fn532 NUMBER OF PAGES: r Li AUGUSTA-RICHMOND COUNTY COMMISSION' JAMES B. WALL CiTY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOUDY G. HANKERSON WILLIAM B. KUHLKE, JR. \VM. u'''ILLlE'' H. 1\1A\'5, III STEPHEN E. SHEPARD M,IRION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 CiREENE STREET AUGUSTA. GA 30903 Bus. (70(,) 821-24XX FAX No: 0(6) 722-5984 E-MAIL: JWr\I.I.@CU.RI(:I-IMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tem December 30, 2002 Ms. Lena Bonner Clerk of Commission 530 Municipal Building, Room 806 Augusta, Georgia 30911 RE: Medical Services contract with CMS Dear Ms. Bonner: Please find enclosed the original medical services contract with CMS for medical services at the Augusta-Richmond County jail, detention facility and correctional institute. I am providing copies to Sheriff Strength, Chief Toole, Warden Leverette and Donna Williams, as well as retaining a copy for my files. Please call if there are any questions. JWE/sm Enclosure Sine el~ . ES W. ELLISON cc: Sheriff Ronald Strength Chief Charles Toole Warden Robert Leverette Ms. Donna Williams ,,:-:~..-I " .~ ~ "i . HEALTH SERVICES AGREEMENT THIS AGREEMENT by and between the Augusta, Georgia ("Augusta") and Corre,ctio~~1 Medical ~rvices, Inc. ("CMS"), is entered into as of the 2?~ day of ~ ,2002. WITNESSETH: WHEREAS, Augusta is charged by law with responsibility for administering, managing and supervising the health care delivery system of the Augusta-Richmond County Detention Facility, Augusta-Richmond County Law Enforcement Center, and Augusta-Richmond County Correctional Institution, collectively known as the "Facilities"; and WHEREAS, the objective of the Augusta is to provide for the delivery of quality health care to inmates in accordance with applicable law; and WHEREAS, Augusta desires to enter into a health care services agreement with CMS to promote this objective; and WHEREAS, CMS is in the business of providing correctional health care services and desires to provide such services for the Augusta under the terms and conditions hereof; NOW, THEREFORE, with the intent to be legally bound, and in consideration of the covenants and promises hereinafter made, the parties hereto agree as follows: ARTICLE I: HEALTH CARE SERVICES. 1.1 General Enoaoement. Augusta hereby engages CMS to provide for the delivery of reasonable and necessary medical, mental, and dental care to individuals under the custody and control of Augusta and sentenced to and incarcerated at the Facilities ("Inmates"), and CMS hereby accepts such engagement according to the terms and provisions hereof. 1.2 Scope of Services. CMS will provide on a regular basis professional medical, mental health, dental, and related health care and administrative services for the Inmates, including a program for preliminary screening of Inmates upon arrival at the Facilities, a comprehensive health evaluation of each Inmate following admission to the Facilities, regularly scheduled sick call, nursing coverage, regular physician visits on site, infirmary care, hospitalization, medical specialty services, emergency medical care, medical records management, pharmacy services, health education and training services, a quality assurance program, administrative support services, and other services, all as more specifically described hereinafter. 1 7 ;. 1.3 Specialtv Services. CMS will provide specialty services (e.g. radiology services, laboratory services, etc.) on site to the extent reasonably possible. To the extent specialty care is required and cannot be rendered on site, CMS will make appropriate off-site arrangements for the rendering of such care. 1.4 Emerqencv Services. CMS will provide emergency medical treatment to Inmates, visitors, and Facilities staff as necessary and appropriate on site. CMS will provide off-site emergency medical care, as required, through arrangements to be determined with local hospitals. CMS will provide ambulance services for emergency circumstances. Routine transfers will be the responsibility of the City in regards to off-site non-emergency medical treatment. 1.5 Hospitalization & Specialtv Services. CMS will arrange for emergency transportation services, on and off-site specialty services, and for the admission of any Inmate, who in the opinion of CMS' Medical Director requires hospitalization and will bear the costs thereof; provided that CMS' liability for costs associated with hospitalization, all off-site and on-site spedalty services, inclusive of diagnostic procedures, and emergency transportation services is limited to $10,000 per inmate per year, inclusive of all of the following services: Inpatient Hospitalization Outpatient Services Laboratory Services Radiology Services (including mobile x-ray services provided on-site) Emergency Room services Specialty Care Prosthetic Devices Physical Therapy Services Ambulance Services Medications for the treatment of Hepatitis C Medications Factors VIII and IX for the treatment of bleeding disorders CMS shall develop a system of determining whether any inmates are eligible. for medical coverage from any third party sources included but not limited to private health insurance. CMS shall direct ~ff-site providers to bill directly to third party sources and any payment made to CMS or to the medical provider for any medical expense shall not be counted toward the annual cap referenced above. 2 1.6 Infant Care. CMS will provide health services to any pregnant Inmate but health care services provided to an infant following birth will not be the responsibility of CMS. 1.7 Elective Medical Care. CMS will not be responsible for the provision of elective medical care to Inmates. For purposes of this Agreement, "elective medical care" means medical care which, if not provided, would not in the opinion of CMS' Medical Director cause the Inmate's health to deteriorate or cause definite harm to the Inmate's well-being. 1.8 Transportation Services. To the extent any Inmate, visitor, or Facilities staff requires off-site health care treatment (e.g. emergency care, hospitalization, specialty services, etc.), Augusta will provide appropriate transportation services as requested by CMS. . 1.9 Unauthorized Absence and Pre-BookinQ Iniuries. To the extent possible and medically appropriate, CMS agrees to render on-site medical services to Inmates for injuries incurred prior to incarceration, or while the Inmate was away from the jail. In no event, however, shall CMS be liable for or responsible for the payment of: (a) any claim, liability, cost or expense arising or incurred at any time in connection with treatment of any Inmate's injury if such injury occurred (i) during any period prior to the Inmate's incarceration, or (ii) while the Inmate was away from the Facilities for reasons other than health care prescribed by CMS employees or contractors; However, once a inmate has been medically stabilized and booked into one of the three Augusta facilities, CMS shall be financially responsible for the cost of all medical treatment and health care services as provided herein regardless of the nature of the injury or illness or whether the injury or illness occurred prior to or subsequent to the individual's incarceration. (b) any claim, liability or cost arising out of the City's or any of their respective employee's, officer's, agent's or subcontractor's (i) preventing any Inmate from receiving medical care ordered by CMS employees or contractors, (ii) failure to exercise good judgment in promptly presenting any ill or injured Inmate for treatment by CMS employees or contractors, or (iii) own act or omission, including negligence or willful misconduct. 3 ARTICLE II: PERSONNEL. 2.1 Staffinq. CMS will provide medical, mental health, dental, technical, and support personnel necessary for the rendering of health care services to Inmates as contemplated herein. The health care staff will be at levels consistent with Exhibit A to this Agreement, Staffing Plan: 2.2 Licensure, Certification and Reqistration of Personnel. All personnel provided or made available by CMS to render services hereunder will be licensed, certified or registered, as appropriate, in their respective areas of expertise pursuant to applicable Georgia law. 2.3 Auqusta Satisfaction with Health Care Personnel. If Augusta should become dissatisfied with any health care personnel provided by CMS hereunder, CMS, in recognition of the sensitive nature of correctional services, will, following receipt of written notice from Augusta of its dissatisfaction and the reasons thereof, exercise its best efforts to resolve the problem and, if the problem is not resolved, remove the individual about whom Augusta has expressed its dissatisfaction. CMS will be allowed a reasonable time prior to removal to find an acceptable replacement. 2.4 Use of.lnmates in the Provision of Health Care Services. Inmates will not be employed or otherwise engaged by either CMS or Augusta in the direct rendering of any health care services. Inmates may be used in positions not involving the rendering of health care services directly to Inmates as CMS and Augusta may mutually agree. 2.5 Subcontractinq and Deleqation. In order to discharge its obligations hereunder, CMS will engage certain health care professionals as independent contractors rather than as employees, and Augusta expressly consents to such subcontracting or delegation. As the relationship between CMS and these health care professionals will be that of independent contractor, eMS will not be considered or deemed to be engaged in the practice of medicine or other professions practiced by these professionals, and CMS will not exercise control over the manner or means by which these independent contractors perform their professional duties. 2.6 Discrimination. CMS will recruit, select, train, promote, transfer, and release its personnel, as contemplated hereunder, without regard to race, color, religion, national origin, handicap, Vietnam veteran status, age or sex (except where age, sex or handicap is a bona fide occupational qualification). Further, CMS will administer its other personnel policies such as compensation, benefits, layoffs, return from layoff, company sponsored training, education, and tuition assistance without regard to race, color, religion, national origin, handicap, Vietnam-Era status, age or sex. 4 2.7 Restrictive Covenant. Recognizing among other things the unique services provided by the employees, subcontractors, and agents of CMS during the term of this Agreement, Augusta will not, directly or indirectly, solicit, engage or permit to be engaged at the Facilities said employees, subcontractors or agents of CMS during the term of this Agreement (including any renewals thereof) and for a period of one (1) year thereafter without the prior written consent of CMS; provided, however, that this limitation shall not apply to persons who were employed at the Facilities immediately prior to the commencement of CMS' services hereunder. ARTICLE III: ACCREDITATION. CMS' services hereunder will be designed to meet the standards developed by the National Commission on Correctional Health Care for Jails (NCCHC), and the Medical Association of Georgia (MAG). It is expressly agreed and understood by the parties herein that it is the responsibility and obligation of CMS hereunder to maintain such accreditations at all times during the term of this agreement. CMS shall be penalized the sum of ten thousand dollars ($10,000) per month by Augusta if its acts or omission causes a lapse or failure to maintain such accreditation for each month said accreditation is not in effect. Said penalties shall be deducted from each monthly payment owed to CMS by Augusta as provided herein. ARTICLE IV: EDUCATION AND TRAINING. 4.1 Inmate and Staff Health Education. CMS will conduct an ongoing health education program for Inmates and correctional officers at the Facilities toward the objective of raising the level of Inmate health and health care. This health care education program will include, at Augusta's request, programs in first aid, signs and symptoms of chemical dependency, and reactions to medical emergencies. ARTICLE V: REPORTS AND RECORDS. 5.1 Medical Records. CMS will cause to be maintained a medical record for each Inmate who has received health care services. This medical record will be maintained pursuant to applicable law and will be kept separate from the Inmate's confinement record. A summary of the applicable medical record will be available to accompany any Inmate who is transferred from the Facilities to another location for off-site services. Medical records will be kept confidential, and CMS will follow the Augusta's policy with regard to access by Inmates and Facilities staff to medical records, subject to applicable law regarding confidentia'lity of such records. No information contained in the medical records will be released by CMS except as provided by Augusta's policy, by a court order, or otherwise in accordance with applicable law. ' 5 , . 5.2 Inmate Information. In order to assist CMS in providing the best possible health care services to Inmates, Augusta will provide CMS with information pertaining to Inmates that CMS identifies as reasonable and necessary for CMS adequately to perform its obligations hereunder. 5.3 CMS Records Available to Auqusta with Limitations on Disclosure. CMS will make available to Augusta, at Augusta's request, all records, documents, and other papers relating to the direct delivery of health care services to Inmates hereunder; provided, however, that Augusta understands that the systems, methods, procedures, written materials, and other controls employed by CMS in the performance of its obligations hereunder are proprietary in nature and will remain the property of CMS and may not, at any time, be used, distributed, copied, or otherwise utilized by Augusta, except in connection with the delivery of health care services hereunder, unless such disclosure is approved in advance in writing by CMS. 5.4 Auqusta Records Available to CMS with Limitations on Disclosure. During the term of this Agreement and for a reasonable time thereafter, Augusta will provide CMS, at CMS' request, Augusta's records relating to the provision of health care services to Inmates as may be requested by CMS or as are pertinent to the investigation or defense of any claim related to CMS' conduct. Augusta will make available to CMS such records as are maintained by Augusta, hospitals, and other outside health care providers involved in the care or treatment of Inmates (to the extent Augusta has any claim to those records) as CMS may reasonably request consistent with applicable law; provided, however, that any such information released by Augusta to CMS that Augusta considers confidential will be kept confidential by CMS and will not, except as may be required by law, be distributed to any third party without prior written approval by Augusta. ARTICLE VI: SECURITY. 6.1 General. CMS and Augusta understand that adequate security services are necessary for the safety of the agents, employees, and subcontractors of CMS, as well as for the security of Inmates and Facilities staff. Augusta will provide security services satisfactory to CMS and sufficient to enable CMS and its personnel safely to provide the health care services called for hereunder. 6.2 Transportation Off-Site. Augusta will provide security as necessary and appropriate in connection with the transportation of any Inmate between the Facilities and any other location for off-site services as contemplated herein. 6 ARTICLE VII: OFFICE SPACE AND EQUIPMENT. 7.1 Office Space and Support. Augusta agrees to provide CMS with office space, facilities, office furniture, utilities (including local telephone service), sufficient to enable CMS to perform its obligations hereunder. 7.2 Delivery of Possession. Augusta will deliver to CMS on the date of commencement of this Agreement possession and control of all office equipment and supplies then in place at the Facilities' health care unit that is City's property. 7.3 Supplies. CMS warrants and represents that the quality and quantity of supplies on hand during this Agreement will be sufficient to enable CMS to perform its obligations hereunder. 7.4 General Services. Augusta will provide for each Inmate receiving health care services no less than the full range of services and facilities provided by Augusta for other Inmates at the Facilities including, but not limited to, daily housekeeping services, dietary services, building maintenance services, personal hygiene supplies and services, and linen supplies. ARTICLE VIII: TERM AND TERMINATION OF AGREEMENT. 8.1 Contract Term. This Agreement will be effective as of 12:01 A.M. on January 1, 2003, for an initial term of one year. This Agreement is renewable under like-terms for additional one-year terms thereafter, unless either party delivers written notice of non-renewal to the other party at least 90 days prior to the expiration of the then-existing term, in which event this Agreement will terminate upon the expiration of the then-existing term. 8.2 Termination. This Agreement may be sooner terminated on the first to occur of the following: (a) Termination bv AQreement. In the event Augusta and CMS mutually agree in writing, this Agreement may be terminated on terms and date stipulated therein. (b) Termination for Default. In the event either party shall give notice to the other that such other party has materially defaulted in the performance of any of its obligations hereunder and such default shall not have been cured within (30) thirty days following the giving of such notice in writing, the party giving notice shall have the right immediately to terminate this Agreement; provided, however, that the cure period shall 7 , ; be limited to (10) ten days if the default is failure by Augusta to timely make any payments due CMS hereunder. (c) Termination bv CMS for Special Situations. CMS may terminate this Agreement immediately upon the occurrence of any of the following: (1) Failure of the governing body of Augusta to authorize or appropriate funds sufficient for Augusta to meet its obligations hereunder; (2) Disavowal or repudiation of this contract by any authorized agent of Augusta; or (3) Insolvency, bankruptcy, or receivership of Augusta. (d) Termination Without Cause. Either party may terminate this Agreement without cause by providing ninety (90) days prior written notice to the other party. 8.3 Chanqes in Scope. Notwithstanding anything herein to the contrary, if (i) any applicable law, statute, rule, regulation, standard, court order or decree, or any policy, practice, or procedure of any applicable governmental unit, agency or office (including but not limited to the federal, state, or local courts, legislative bodies, and agencies, including or its respective officers or agents) is adopted, implemented, amended or changed; or if (ii) any standard of care or treatment protocol changes or evolves in any material respect, or if any new medication or therapy is introduced to treat any illness, disease or condition; or if (iii) any of the cost or historical information upon which CMS based its Proposal, including but not limited to the information provided by Augusta in the RFP and answers to questions, proves to be inaccurate or incomplete in any respect; and if any such change in scope as described in (i), (ii), or (iii) materially increases the cost to CMS of providing healthcare services or impacts the scope of services or staffing hereunder, eMS and Augusta agree to meet to negotiate compensation or service requirement changes. The parties agree to meet and negotiate in good faith within thirty (30) days following the giving of notice by one party to the other party of a change (whether such change is anticipated or implemented). If the parties fail to reach agreement regarding compensation or service requirement changes within the foregoing thirty (30) day period, then either Augusta or CMS may terminate this Agreement upon sixty (60) days prior written notice. 8.4 Responsibilitv for Inmate Health Care. Upon termination of this Agreement, total responsibility for providing health care services to all Inmates, including Inmates receiving health care services at facilities off site, will be transferred from CMS to Augusta. 8 ARTICLE IX: COMPENSATION. 9.1 Base Compensation. Augusta will pay CMS the sum of $3,171,164 for the first year of this Agreement for a daily average base inmate population of 1,275, payable in equal monthly installments of $264,263.66. CMS will bill Augusta (15) fifteen days before the first day of the month for which services will be rendered, and Augusta agrees to pay CMS on or before the last day of the month for which services will be rendered. In the event this Agreement should terminate on a date other than the end of a calendar month, compensation to CMS will be pro rated accordingly for the shortened month. 9.2 Renewal Terms. Should this Agreement be renewed for additional one- year terms as provided in Section 8.1, the CMS price and per diem rate for each one-year renewal period will be based on the current price at the time of renewal increased by the increase in the medical care component of the Consumer Price Index for all U.S. Cities, plus an additional two per cent (2.0%). 9.3 Increases in Inmate Population. The price as quoted for the existing Facilities is based on a population of 1,275 inmates. Should the population exceed 1,275, based on the average daily population calculated on a monthly basis, CMS will charge a per diem of $2.23 for each inmate in excess of 1,275. The per diem is designed to cover variable costs only and does not include any fixed costs, i.e., staffing cost. Therefore, should the average daily population exceed 1,600 for a consecutive three-month period, CMS reserves the right to negotiate with the Augusta for additional staff and the corresponding compensation. ARTICLE X: UABILlTY AND RISK MANAGEMENT. 10.1 Insurance. At all times during the term of this Agreement, CMS will maintain professional liability insurance covering CMS, its employees, its officers, and agents with limits not less than $1 million per occurrence and $3 million in the aggregate annually. CMS shall provide Augusta with a certificate evidencing such professional liability insurance at least annually. 10.2 Indemnity. CMS hereby indemnifies and holds Augusta, the Sheriff of Richmond County, and their agents or employees, harmless up to a monetary level equivalent to the amount of insurance required herein regardless of whether said insurance is in effect or provides coverage, from and against any and all claims against Augusta, the Sheriff of Richmond County, and their agents and employees allegedly arising out of negligence in treatment rendered by CMS personnel or in any way whatsoever arising out of the operation and maintenance of the aforesaid program of health care services by CMS; provided, however, that CMS will not be responsible for any claim arising out of Augusta or its employees, agents, or 9 contractors: (i) preventing an inmate from receiving services ordered by CMS or its agents or contractors; (ii) failing to exercise good judgement in promptly presenting an inmate to CMS for service; or (iii) own acts or omissions, including negligence or willful misconduct. Augusta agrees to notify CMS' Legal Department in writing within thirty (30) days after Augusta has received written notice of a claim. CMS' indemnification and defense obligations hereunder will not apply for expenses incurred or settlements offered or effected, prior to notice to CMS. CMS shall have the right to control the defense and/or settlement of the claim. 10.3 Limitation of Liabilitv. The parties to this Agreement both acknowledge that CMS is providing the services contemplated hereunder as a corporation primarily acting as an instrumentality of Augusta; consequently, any and all statutory, common law, or legislative limitations on the liability of instrumentalities of Augusta are applicable to CMS and its health care providers. ARTICLE XI: MISCEllANEOUS. 11.1 Independent Contractor Status. Augusta expressly acknowledges that, other than set forth in Section 10.3, CMS is an "independent contractor," and nothing in this Agreement is intended nor shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing Augusta to exercise control or direction over the manner or method by which CMS or its subcontractors perform hereunder. 11.2 Assiqnment. CMS shall not assign this Agreement to any other corporation without the express written consent of the Augusta. Augusta and CMS each binds itself, its successors, assigns, and legal representatives to the other party hereto and to the successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained herein. 11.3 Notice. All notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand, sent via overnight courier, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the appropriate party at the following address or such other address as may be given in writing to the parties: 10 (a) : Augusta With a copy to: Sheriff Ronald Strength Law Enforcement Center 401 Walton Way Augusta, GA 30901 Warden Robert Leverett A.R.C.C.!. 2314 Tobacco Road Augusta, GA 30906 and Administrator, Augusta, GA City-County Building 530 Greene S1. Augusta, GA 30911 (b) CMS: With a copy to: Richard A. Carter, Division President Correctional Medical Services, Inc. 12647 Olive Blvd. S1. Louis, MO 63141 Todd Aschbacher Assistant General Counsel Correctional Medical Services, Inc. 12647 Olive Blvd. S1. Louis, MO 63141 11.4 Governinq Law. This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Georgia. 11.5 Entire Aqreemen1. This Agreement constitutes the entire agreement of the parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and agreements that have been made in connection with the subject matter hereof. No modification or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto. 11.6 Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. 11.7 Force Maieure. CMS shall not be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder for any reason beyond its control, including, without limitation, strikes or labor disputes, labor shortages, inmate disturbances, lack of Augusta's financial or physical resources, failure of Augusta to provide proper security services, acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, 11 floods, failure of transportation, or any similar cause beyond the reasonable control of one or both of the parties. 11.8 Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement which shall remain in full force and effect and enforceable in accordance with its terms. 11.9 Counterparts. This Agreement may be executed by the parties in counterparts, all of which when taken together shall constitute one instrument. Of the two duplicate originals, one original shall be retained by Augusta and the other original retained by CMS. IN WITNESS WHEREOF, the parties have set their hands and seals hereto as of the day and year first above written. AUGUSTA, GEORGIA ~ W CORRECTIONAL MEDICAL SERVICES, INC. Attest: By: Title: t~~ D\\h ~DN PRtf;"bENr ~C~) 12 ., EXHIBIT A STAFFING PLAN Augusta-Richmond County Detention Facility Position Hours per Week FTEs Davs Director of Nursinq 40 1.00 RN - Charqe 56 1.40 LPN 56 1.40 Certified Medical Assistant 56 1.40 Eveninas LPN 112 2.80 Nights LPN 112 2.80 Total 432 10.80 Augusta-Richmond County Correctional Institution Position Hours er Week FTEs 40 1.00 44 84 1.10 2.10 Augusta-Richmond County Law Enforcement Center Position Hours per Week FTEs Davs Administrator 40 1.00 Medical Director 40 1.00 Dentist 20 .50 Psvchiatrist 10 .25 Secretary/Admin. Assistant 40 1.00 Dental Assistant 20 .50 RN - Charqe 56 1.40 LPN 168 4.20 Mental Health Professional 40 1.00 Evenings LPN 112 2.80 Certified Medical Assistant 56 1.40 Nights LPN 56 1.40 Certified Medical Assistant 56 1.40 Total 714 17.85 Total All Facilities 1,230 30.75 13