AGREEMENT WITH MERCY MARICOPA.PDF

AGREEMENT
MERCY MARICOPA INTEGRATED CARE
Non-Title XIX/XXI Program Funding – Fiscal Year 2016
This Agreement (“Agreement ”) is entered into between Mercy Maricopa Integrated Care(“Mercy
Maricopa”) and Maricopa County (“Vendor”) as of June 30th, 2016.
WHEREAS, Mercy Maricopa is the Regional Behavioral Health Authority in Geographic Service
Area (GSA) 6 pursuant to a contract with the Arizona Department of Health Services Division of
Behavioral Health Services (“Regulator”)1;
WHEREAS, Mercy Maricopa received Non-Title XIX/XXI funds (the “Funds”) from Regulator for
fiscal year 2016 and has been authorized to distribute funds to vendor(s) based upon approved proposals
for the spending of the Funds;
WHEREAS, Vendor submitted a proposal, attached as Exhibit A, to obtain all or some of the
Funds;
WHEREAS, Vendor’s Proposal was approved, in full or part, as defined in Exhibit B;
WHEREAS, Mercy Maricopa and Vendor agree to enter into this Agreement to establish basic
terms and conditions under which Mercy Maricopa agrees to allocate a portion of the Funds to Vendor
and Vendor agrees to use the Funds as approved.
NOW, THEREFORE, in consideration of the promises, covenants and warranties stated herein,
Mercy Maricopa and Vendor agree as follows:
1. Approved Spending. Vendor agrees to use the Funds as approved in Exhibit B – “Approved
Spending” – and in accordance with the proposal in Exhibit A for the approved use(s)/work. In
addition to the specific work of Vendor described in this Agreement, Vendor agrees to maintain a
close liaison with Mercy Maricopa’s project liaison, as designated by Mercy Maricopa from time-to-
time, during performance of this Agreement.
2. Compliance with Applicable Law. Vendor acknowledges that this Agreement and all work
performed pursuant to this Agreement is subject to applicable state and federal licensing statutes and
regulations. Vendor shall comply with all applicable state and federal laws governing its performance
under this Agreement and the delivery of Covered Services to Members including, but not limited to,
Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972 (regarding
education programs and activities); the Age Discrimination Act of 1975; the Rehabilitation act of
1973; the Balanced Budget Act of 1997; and the Americans with Disabilities Act. Accordingly,
Vendor shall abide by those provisions set forth in Mercy Maricopa’s contracts with the applicable
state and federal governing agencies.
3. Allocation of Funds and Payment. Total funds currently available for payment to Vendor for work
performed under this Agreement are currently allocated at the fixed amount of $25,000. The amount
is based upon the proposals approved, in full or part, by Regulator as detailed in Exhibit B. Mercy
Maricopa’s obligation to pay under this Agreement is contingent upon receipt of the Non-
Title XIX/XXI Funding from Regulator. Any funds not used by Vendor for the approved work/uses
must be returned to Mercy Maricopa as required by this Agreement.
1 Arizona Laws 2015, Chapter 19, Section 9 (SB 1480) enacts that from and after June 30, 2016, the provision of
behavioral health services under the Division of Behavioral Health Services (DBHS) in the Department of Health
Services is transferred to and shall be administered by the Arizona Health Care Cost Containment System
(AHCCCS). Accordingly, the term “Regulator” shall also include AHCCCS from and after June 30, 2016.
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AGREEMENT
MERCY MARICOPA INTEGRATED CARE
Non-Title XIX/XXI Program Funding – Fiscal Year 2016
4. Member Billing and Payment. Where Covered Services are provided to Mercy Maricopa Members
under this Agreement, Mercy Maricopa shall compensate Vendor for Covered Services provided to
Members in accordance with applicable law and regulations and in accordance with Exhibit B.
Vendor shall not seek payment from any Member for any Covered Service, including without
limitation, amounts Mercy Maricopa owes to Vendor under this Agreement, except for any
applicable deductible/copayment amounts or for any non-covered services, in which the Member is
notified prior to rendering non-covered services.
5. Reporting and Documentation. Vendor must comply with the following reporting requirements:
a. Vendor shall provide expenditure documentation in detail sufficient for a proper pre- and post-
audit of this Agreement as required of Mercy Maricopa by any funding agency, Regulator or as
required by Mercy Maricopa, itself, for its records.
b. When applicable, Vendor shall provide Mercy Maricopa with reports, information, and other
deliverables to allow Mercy Maricopa to submit all required deliverables required by Regulator.
Vendor shall submit its deliverables at least five (5) business days in advance of the due dates
of Mercy Maricopa deliverables. Reports shall be provided electronically, in Word or other
accessible format allowing editing and reformatting into Mercy Maricopa submissions to
Regulator.
c. Vendor’s Reports must allow Mercy Maricopa to fulfill its reporting obligations to Regulator.
Mercy Maricopa, in its reasonable discretion, also may request additional Reports, beyond what is
required by Regulator (for example, for Mercy Maricopa publications and in developing materials for
care and treatment of Mercy Maricopa members).
d. Payments owed to a Vendor under this contract or any other contract between the parties may
be withheld until required reports or documentation has been received.
6. Term and Termination.
a. Vendor may begin activities required under this Agreement on or after the Effective Date, with all
activities ending on or before June 30, 2017, unless extended by written amendment to this
Agreement or terminated sooner following the termination provisions set forth in this Agreement.
No costs outside the period of performance will be paid from this Agreement.
b. If Mercy Maricopa’s funding should be terminated during the performance of this
Agreement, or should the funding for Non-Title XIX-XXI Funds be deleted entirely or reduced,
Mercy Maricopa may by written notice to Vendor terminate this Agreement consistent with
the termination of the funding from Regulator.
7. Unrestricted Status. Vendor warrants and represents that it has not been convicted of crimes as
specified in Section 1128 of the Social Security Act (42 U.S.C. 1320a-7)(“Section 1128”), excluded
from participation in the Medicare or Medicaid program, assessed a civil penalty under the provisions
of Section 1128, entered into a contractual relationship with an entity convicted of a crime specified in
Section 1128, or taken any other action that would prohibit it from participation in Medicaid and/or
state health care programs.
8. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated as a result of such
decision.
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AGREEMENT
MERCY MARICOPA INTEGRATED CARE
Non-Title XIX/XXI Program Funding – Fiscal Year 2016
9. Modification. This Agreement may only be changed or modified by a written amendment executed
in the same fashion as the original. The parties, without additional consideration, will sign,
acknowledge, and deliver any other documents and take any other action necessary or appropriate
and reasonably requested by the other party to carry out the intent and purpose of this Agreement.
10. Assignment. Vendor may not may not assign or transfer its rights or delegate any of its obligations
under this Agreement without prior written approval from Mercy Maricopa.
11. Compliance with Laws. The parties to this Agreement shall comply with all applicable federal,
state, and local laws and regulations and nothing in this Agreement shall be construed to require
either party to violate such provisions of law.
12. Dispute Resolution. The parties shall attempt to resolve informally any disagreement which arises
between them. The parties agree to attempt to resolve any disagreement arising out of this
Agreement that is not resolved informally through Mercy Maricopa’s provider grievance policy, if
applicable, or mediation, before resorting to judicial proceedings.
13. Independent Contractor. For all purposes relating to this Agreement, the parties shall be
independent contractors and not agents or employees of the other party.
14. Indemnification. Vendor shall indemnify and hold Mercy Maricopa harmless, including any affiliates,
officers, employees and agents, against any loss, liability, damage, costs and expenses (including
any attorneys’ fees) suffered or incurred by Mercy Maricopa in connection with any (including any
threatened or proposed) action, suit, proceeding, regulatory proceeding, demand, assessment,
judgment arising out of or related to the indemnifying party’s and/or the indemnifying party’s agent’s
acts and/or omissions under the terms of this Agreement. This provision shall survive the
expiration or termination of this Agreement, regardless of the reason for termination.
15. Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be
construed, interpreted, and enforced in accordance with, and governed by, the laws of the State of
Arizona.
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AGREEMENT
MERCY MARICOPA INTEGRATED CARE
Non-Title XIX/XXI Program Funding – Fiscal Year 2016
The individuals signing below on behalf of Vendor and Mercy Maricopa acknowledge, warrant, and
represent that said individual has the authority and proper authorization to execute this Agreement.
Maricopa County Mercy Maricopa Integrated Care
Vendor Signature Signature Mercy Maricopa
Signatory Name (Printed Signatory Name (Printed
Clint L. Hickman
Signatory Title (Printed Signatory Title (Printed
Chairman
Signature Date Signature Date
Attested To
Clerk of the Board Date
Approved as to Form::
Deputy County Attorney Date
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AGREEMENT
MERCY MARICOPA INTEGRATED CARE
Non-Title XIX/XXI Program Funding – Fiscal Year 2016
EXHIBIT A
PROPOSAL
As part of a larger Maricopa County scope of work to align the Homeless Coordinated Entry System
(CES) with Medicaid eligible services, Maricopa County, in collaboration with other public and
philanthropic funders, seeks to leverage every opportunity to connect housing and health care resources
to provide services and reduce the unsheltered and homeless population. Connecting the two primary
systems of care for these households will increase the types of services currently accessible for many of
our community’s most vulnerable and high cost residents. The regional Coordinated Entry System is
positioned to identify, assess and refer homeless households to Medicaid eligible health and housing
services. Mercy Maricopa will participate in this collaborative effort to establish policy and procedure that
address the following;
Tasks
Policy and procedure document for the following:
 Develop a client-centered and client-informed data sharing policy for CES/Continuum of Care and
Mercy Maricopa to ensure coordination of care
 Create work flow for referring and accepting individuals and families from the CES to Mercy
Maricopa housing
o Determine eligibility for Mercy Maricopa housing options and behavioral health services
o Connect eligible participants to available housing and Case Management services
o Develop process to prioritize and un-duplicate clients from CES and wait lists
 Measure CES system and aggregate housing referral data for behavioral health enrolled
members
 Provide a training manual and implementation timeline
Outcomes/Deliverables:
 Connect behavioral health direct care clinics and housing units to the CES
 Develop methodology and define roles for data sharing
 Operating procedures manual
Impact
 Enhanced coordination of Mercy Maricopa services to create sustainable funding model for core
components of the CES and homeless service system (e.g. Housing Navigation, SOAR)
 Ensure all eligible participants are enrolled in AHCCCS and have access to services based on
assessment of need
 Create a model for data sharing and prioritization of housing and services for the most vulnerable
individuals and families in Maricopa County
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AGREEMENT
MERCY MARICOPA INTEGRATED CARE
Non-Title XIX/XXI Program Funding – Fiscal Year 2016
EXHIBIT B
Approved Spending, Funding and Reporting Requirements
I. Approved Spending
Vendor has been approved for funding for the following uses:
a. Participation in the community collaboration to develop policies and procedures to align
the Homeless Coordinated Entry System with Medicaid eligible services, as described in
Exhibit A..
Vendor shall not use any funding for any purpose other than what has been identified as
approved in this Exhibit B.
II. Funding
a. Payment. Funding in the amount of $25,000 will be paid to Vendor in a lump sum on or
before July 15, 2016.
b. Excess Funds. In the event that Vendor does not spend any or all of the funds, as
approved herein, on or before June 30, 2017, Vendor must return the funds, payable on
demand, to Mercy Maricopa on or before July 15, 2017.
III. Reporting Requirements
Vendor shall provide reporting of expenditures in detail sufficient for a proper pre- and post-audit
of this Agreement. Reporting shall include at a minimum the following:
a. Monthly documentation of activities performed;
b. Regular updates on processes developed and/or implemented; and
c. Financial statement with attestation of dollars spent in accordance per submitted and
approved documents by June 30, 2017; right of Mercy Maricopa to review further
documentation evidencing expenditures as needed
In addition to any other reporting requirements under this Agreement, Mercy Maricopa may adjust
the criteria above, in its sole discretion, with written notice to Vendor for Mercy Maricopa’s
records or as required by any funding agency or State Regulator; and may request
supplementation or clarification of any documentation submitted.
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