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HomeMy WebLinkAboutCorrectional Medical Services Augusta Richmond GA DOCUMENT NAME: Cv(r.ed,~nc.j )n.e/;{A( ~ev'VI',U:'5 DOCUMENT TYPE: C ()n1ra.c/ YEAR: /997 BOX NUMBER: ;2 FILE NUMBER: ! f2- 0/0 NUMBER OF PAGES: I ( A.1Jll~~t~ = ~nCGlhlmm<<Dml<dl C<<D1Jllmlty C<<DJl'imJl'imTI ~~n<<Dml=C<rD1JllmlCGnn ROOM 801 . CITY-COUNTY MUNICIPAL BLDG, (11) AUGUSTA, GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722-5984 LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM WILLIAM B. KUHLKE, JR. WM. 'WILLIE" H, MAYS, III J.B, POwaL MOSES TODD ROBERTZETTERBERG LINDA W BEAZLEY Administrator. Administration LARRY E, SCONYERS Mayor FREDDIE L. HANDY Mayor Pro Tem January 14, 1997 CHARLES 01 LLARD Administrator - Operations JAMES B. WALL Attomey Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 Reply to: PO.BOX 2125 Augusta, GA 30903 Dear Lena: I enclose herewith one original copy of the contract between Richmond County and Correctional Medical Services. Please have this placed in the permanent records of Augusta-Richmond County. Thanking you and with best personal regards, I am Yours very truly, ~ James B. Wall ~ JBWjsjp Enclosure HEALTH SERVICES AGREEMENT THIS AGREEMENT by and between the County of Richmond (hereinafter referred to as the "County") and Correctional Medical Services, Inc. (hereinafter referred to as "CMS"), is entered into as of the 23rd day of December, 1996. WITNESSETH: WHEREAS, County is charged by law with responsibility for administering, managing and supervising the health care delivery system of the Richmond County Jail located at the Joint Law Enforcement Center, the Richmond County Correctional Institution, and the Augusta City Stockade ("Facilities "); and WHEREAS, the objective of the County is to provide for the delivery of quality health care to Inmates in accordance with applicable law; and WHEREAS, County 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 County 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 Engagement. County hereby engages CMS to provide for the delivery of reasonable and necessary medical, mental health and dental care to individuals under the custody and control of County 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. CMS will be responsible for training the Facilities' security staff in the proper intake screening process, and will conduct a comprehensive health evaluation of each Inmate following admission to the Facilities. CMS will provide regularly scheduled sick call, nursing coverage, regular physician visits on site, hospitalization, medical specialty services, emergency medical care, medical records management, pharmacy services, health education and training services, a continuous quality improvement program, administrative support services, and other services, all as more specifically described hereinafter. 1.3 Specialty 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 1.4 Emergency Services. CMS will provide on-site emergency medical treatment to Inmates, visitors and Facilities staff as necessary and appropriate for stabilization. CMS will provide off-site emergency medical care for inmates, as required, through arrangements to be determined with local hospitals. CMS will arrange ambulance services for any emergency circumstance, however, will be financially responsible for inmates only, said costs to be included in the catastrophic limits stipulated under Section 1.5. Routine transfers will be the responsibility of the County in regards to off-site non emergency medical treatment. 1.5 Hospitalization Services. CMS will arrange for the admission of any Inmate, who in the opinion of the Medical Director requires hospitalization and will bear the costs thereof up to the limits set forth herein. CMS will be responsible for costs associated with hospitalization, all off-site and on-site radiological services, off-site diagnostic procedures, and emergency transportation services up to the total limit of $10,000 per inmate per 12 month period. The County will be totally responsible for all costs exceeding $10,000 per inmate. 1.6 Infant Care. CMS will provide health services to any pregnant Inmate but health care services provided to an infant following birth will be the responsibility of the County. 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. As stipulated in Section 1.4, CMS will arrange for and be financially responsible for emergency transportation of inmates, said costs included in the catastrophic limits described herein. CMS will arrange for emergency transportation for visitors and Facilities Staff; but will not bear said costs. To the extent any Inmate, visitor, or Facilities staff requires non-urgent off-site health care treatment, County will provide appropriate transportation services as requested by CMS. 1.9 Unauthorized Absence. 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 Facilities. In no event, however, shall eMS 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; or (b) any claim, liability or cost arising out of the County's, the Sheriff'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) negligence or willful misconduct. 2 ARTICLE II: PERSONNEL. 2.1 Staffing. 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 CMS' proposal for the management and delivery of health care for Inmates of the Facilities and as outlined in Attachment A, 2.2 Licensure. Certification and Registration 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 County Satisfaction with Health Care Personnel. If County 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 County 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 County has expressed its dissatisfaction. CMS will be allowed a reasonable time prior to removal to find an acceptable replacement. 2.4 Use of Inmates in the Provision of Health Care Services. Inmates will not be employed or otherwise engaged by either CMS or County 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 County may mutually agree. 2.5 Subcontracting and Delegation. In order to discharge its obligations hereunder, CMS will engage certain health care professionals as independent contractors rather than as employees, and County expressly consents to such subcontracting or delegation. As the relationship between CMS and these health care professionals will be that of independent contractor, CMS 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, All independent contractors engaged by CMS pursuant to this contract and any employees of CMS shall not be considered employees of Richmond County, the Board of Commissioners of Richmond County, or the Sheriff of Richmond County. Neither Richmond County, the Board of Commissioners of Richmond County, nor the Sheriff of Richmond County will be considered or deemed to be engaged in the practice of medicine or other professions practiced by these professionals, and 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. 2.7 Preference to Countv Personnel. In selecting its staff for the provision of services hereunder, CMS will give first consideration to health care personnel currently engaged at and working at the Facilities if current employees or agents are not bound by non-compete agreements. 3 2.8 Restrictive Covenant. Recognizing among other things the unique services provided by the employees, subcontractors and agents of CMS during the term of this Agreement, County 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 Medical Association of Georgia and the National Commission on Correctional Health Care for Jails, and CMS will bear the costs in any efforts to maintain formal accreditation of the health care delivery program at the main Richmond County Jail. Should the county elect to seek accreditation for the delivery of medical services at the Richmond County Correctional Institution and/or the Augusta City Stockade, CMS will do so and bill the County $1,000 per facility to cover the cost of the accreditation fees. 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 County'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 complete copy 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 County's policy with regard to access by Inmates and Facilities' staff to medical records, subject to applicable law regarding confidentiality of such records. No information contained in the medical records will be released by CMS except as provided by County's policy, by a court order, or otherwise in accordance with applicable law. 5.2 Inmate Health Insurance. CMS may seek and obtain from any Inmate information concerning any health insurance the Inmate might have that would cover services rendered by CMS hereunder, and County will cooperate fully with CMS in its efforts to secure this information. For any reimbursements recovered, County will receive 90% and CMS will retain 10%. 5.3 Inmate Information. In order to assist CMS in providing the best possible health care services to Inmates, County will provide CMS with information pertaining to Inmates that CMS identifies as reasonable and necessary for CMS adequately to perform its obligations hereunder. 4 5.4 CMS Records Available to County with Limitations on Disclosure. CMS will make available to County, at County's request, all records, documents and other papers relating to the direct delivery of health care services to Inmates hereunder; provided, however, that County 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 County, except in connection with the delivery of health care services hereunder, unless such disclosure is approved in advance in writing by CMS. 5.5 County Records Available to CMS with Limitations on Disclosure. During the term of this Agreement and for a reasonable time thereafter, County will provide CMS, at CMS' request, County'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. County will make available to CMS such records as are maintained by County, hospitals, and other outside health care providers involved in the care or treatment of Inmates (to the extent County has any claim to those records) as CMS may reasonably request consistent with applicable law; provided, however, that any such information released by County to CMS that County 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 County. ARTICLE VI: SECURITY. 6.1 General. CMS and County 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. County 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. County hereby indemnifies CMS, its agents, employees, contractors and officers against any claims or losses arising out of Inmate disturbances or any other security failures and shall reimburse CMS for any and all costs (including attorney's fees) incurred in connection with any such claims or losses. The provisions of this paragraph do not apply to any Workers' Compensation claims filed against CMS by any of the agents, employees and subcontractors of CMS. 6.2 Transportation Off-Site. County 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. ARTICLE VII: OFFICE SPACE AND EQUIPMENT 7.1 Office Space and Support. The County 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. County 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 facilities that is County's property. 7.3 Supplies. CMS warrants and represents that it will maintain a sufficient quality and quantity of medical supplies, disposable medical equipment, and drugs and medications on hand during this Agreement to enable CMS to perform it's obligations hereunder. 5 7.4 General Services. County will provide for each Inmate receiving health care services no less than the full range of services and facilities provided by County 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, 1997 for an initial term of 12 months. 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: (al Termination by Agreement. In the event County 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 be limited to (10) ten days if the default is failure by County to timely make any payments due CMS hereunder. (c) Termination by 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 County to authorize, appropriate or pay funds sufficient for County to meet its obligations hereunder; (2) Disavowal or repudiation of this contract by any authorized agent of County; (3) Insolvency, bankruptcy, or receivership of County; 8.3 Changes in the Law. If any statute, rule or regulation is passed or any order issued or any statute or guideline adopted materially increasing the cost to CMS of providing health care services hereunder, CMS and County will agree on additional compensation to be paid by County to CMS as a result of such changes; provided, however, that if the parties are unable to agree on appropriate additional compensation, the matter shall be submitted to arbitration. 8.4 Responsibility 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 County. 8.5 Jurisdiction. Jurisdiction over any controversy or claim arising out of or relating to this Agreement or the alleged breach thereof shall be in the Superior Court of Richmond County. 6 ARTICLE IX: COMPENSATION. 9.1 Base Compensation. County will pay CMS the sum of $1,510,378.00 for the first contract period of this Agreement for a daily average base inmate population of 1,000, payable in equal monthly installments of $125,864.83. CMS will bill County (15) fifteen days before the first day of the month for which services will be rendered, and County agrees to pay CMS on or before the first 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 Increases in Inmate Population. A daily per diem rate of $1.57 will be applied to the monthly base compensation for each inmate in excess of the average monthly population of 1,000, based upon the daily census. Per Diem charges are calculated monthly and are billed in the month following services. 9.3 Reduction in Inmate Population. A per diem of $.65 will be deducted if the average monthly inmate population falls below 1,000 inmates, based on the daily census, Per Diem deductions are calculated monthly and are deducted from the month following service. 9.4 Year Over Year Increases. For each renewal year, effective January 1, 1998 and thereafter, the annual contract amount, respective per diems, and the $10,000 per inmate per year individual limit will be adjusted by the percentage change in the Medical Care Component of the Consumer Price Index, all Urban Consumers for the South Region. This CPI will be based on the previous twelve months as reported in October, 1997, 1998, and thereafter. ARTICLE X: LIABILITY 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. Physicians provided by CMS will be included in the above coverage or will carry their own insurance with limits of $1,000,000 per occurrence/$3,000,000 annual aggregate. 10.2 Indemnity, CMS hereby indemnifies and holds County, the Augusta-Richmond County Commission-Council, the Sheriff of the County, and their officers, employees and agents harmless, up to the limits of CMS' applicable liability insurance, from and against any claims including but not limited to attorneys' fees, costs and expenses of litigation against County, the Augusta-Richmond County Commisison-Council, the Sheriff of the County, and their officers, employees, and agents based on negligent medical care rendered pursuant to this Agreement regardless of whether the claim is brought pursuant to state negligence laws or pursuant to federal law under 42 U.S.C. ~ 1983; provided, however, that CMS will not be responsible for any claim arising out of: (i) County or its employee or agent preventing an Inmate from receiving medical care ordered by CMS or its agent or contractor; or (ii) failure of County's employee or agent to exercise good judgment in promptly presenting an ill or injured Inmate to CMS for treatment; or (iii) negligence or willful misconduct of County, its employees or agents, 7 10.3 Limitation of Liability. The parties to this Agreement both acknowledge that CMS is providing the services contemplated hereunder as a corporation primarily acting as an instrumentality of the Sheriff and Richmond County; consequently, any and all statutory, common law or legislative limitations on the liability of instrumentalities of the Sheriff or Richmond County are applicable to CMS and its health care providers. ARTICLE XI: MISCelLANEOUS. 11,1 Independent Contractor Status. County 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 County to exercise control or direction over the manner or method by which CMS or its subcontractors perform hereunder. 11.2 Assignment. This Agreement may be assigned by CMS to another wholly-owned subsidiary corporation of ARAMARK Corporation. CMS shall not assign this Agreement to any other corporation without the express written consent of the County. County 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 ~. 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 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: (a) County: Sheriff Charles B. Webster Joint Law Enforcement Center 401 Walton Way Augusta, GA 30911 With a copy to: Charles R. Oliver Administrator Augusta-Richmond County City-County Municipal Bldg. (11) 8th Floor Augusta, GA 30911 (b) CMS: Correctional Medical Services 12647 Olive Blvd. St. Louis, MO 63141 Attention: Michael G. Pfeiffer, Executive Vice President 11.4 Governing 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. 8 11.5 Entire Agreement. This Agreement constitutes the entire agreement of the parties unless specifically provided otherwise herein 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 Enforcement. In the event either party incurs legal expenses or costs to enforce the terms of this Agreement, the prevailing party in any arbitration proceeding hereunder shall be entitled to recover the costs of such action so incurred, including, without limitation, reasonable attorney's fees. 11.8 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, Inmate disturbances, lack of County's financial or physical resources, failure of County to provide proper security services, acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods failure of transportation, or any similar cause beyond the reasonable control of either party. 11.9 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 .10 Authority Each party hereto represents that the person executing this Agreement on its behalf has full power and authority to do so, and this Agreement constitutes a legal, valid and binding obligation enforceable against such party. IN WITNESS WHEREOF, the parties have set their hands and seals hereto as of the day and year first above written. Augusta-Richmond County Commission - Council Attest~~1fffIt ount~ r ~ ~J, CORRECTIONAL MEDICAL SERVICES ~)" Attest: By: >>- 9 ATTACHMENT A STAFFING Position .EIE Hours Per Week Medical Director .80 32 Dentist .50 20 Psychiatrist .15 6 RN Administrator 1.00 40 Director of Nursing 1.00 40 MSW 1.00 40 STOCKADE LPN - Days 1.20 48 LPN - Evenings 1.00 40 RCCI RN - Days 1.00 40 LPN - Days .10 4 LPN - Evenings 1.00 40 JAIL RN - Days 1.40 56 LPN - Days 1.40 56 CNA - Days 1.40 56 RN - Evenings 1.40 56 LPN - Evenings 1.40 56 LPN - Nights 2.80 112 Medical Records Clerk -.L..QQ -4.Q TOTAL 19.55 782 10