FINAL MOU - PH & MCAO OPIOID USE -FELONY DIVERSION PROGRAM PILOT.DOCX
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Memorandum of Understanding Maricopa County Department of Public Health 4041 N. Central Avenue, Suite #1400 Phoenix AZ 85012 and Maricopa County Attorney’s Office 225 W. Madison Street, 6th Floor Phoenix, AZ 85003 This Memorandum of Understanding (MOU) is hereby made and entered into by and between the Maricopa County Department of Public Health, hereinafter referred to as “MCDPH” and the Maricopa County Attorney’s Office, hereinafter referred to as “MCAO.” I. PURPOSE: The purpose of the MOU is to use MCDPH Justice Reinvestment Funds to fund MCAO’s Opioid Use – Felony Diversion Program (OU-FDP) Pilot (“Pilot”). Specifically, the funds are to be used for defendants who are deemed eligible for the diversion program by a Deputy County Attorney assigned to a Family Violence Bureau AND are uninsured/underinsured. The goal of this Pilot is to provide the defendant an opportunity to opt in for therapeutic interventions to address a substance use disorder rather than be prosecuted and convicted of a felony offense. In addition, the Pilot provides wraparound services to the defendant’s family to ensure the family unit may stay together if it is safe for the child/children. It is estimated that the Pilot will enroll approximately fifty (50) defendants during the pilot period. II. TERM The term of the MOU shall begin on November 21, 2022, and end on November 21, 2025. Referrals to the Pilot will conclude on May 1, 2024, therefore permitting eighteen (18) months for a defendant to complete the program by the MOU expiration date. The MOU shall remain effective unless terminated by either party in writing, terminate the instrument in whole, or in part, at any time before the date of expiration. The MOU may be extended upon the written approval of both parties. III. STATEMENT OF MUTUAL BENEFITS AND INTERESTS: The mutual benefit for the parties is to develop a program that supports offenders in need of treatment, while strengthening family resiliency and reducing recidivism. Defendants will receive the support they need to be successful in life and with their family. IV. AVAILABILITY OF FUNDS: Every performance by the parties under this MOU is conditioned upon the availability of funds appropriated, allocated, or granted for performance. If funds are not available for the continuance of this Agreement, this Agreement may be terminated by either Party at the end of the period for which funds are available. No liability shall accrue to either Party in the event of termination, and neither Party shall be obligated or liable for any future performance, payments or for any damages as a result of termination under this paragraph. V. AMENDMENTS: Any changes to this MOU shall be in writing and signed by both parties. VI. COMPENSATION: MCDPH has budgeted $120,000 under the Justice Reinvestment Fund for the Pilot to support individuals who are uninsured/underinsured. MCDPH will pay for up to 50 enrolled defendants. Should the number of defendants exceed 50, the Director of Diversion Strategies Group shall contact MCDPH to discuss additional funding. A. 100% of defendant’s drug testing costs at the MCAO contractor’s approved rate for urinalysis drug testing or for oral swab drug testing when oral swab drug testing is determined necessary and approved by the treatment contractor. (Note: MCAO must maintain drug test maximums. Drug tests exceeding the maximum number permitted will not be reimbursed unless approved by MCDPH). B. Using the attached the MCAO approved American Rescue Plan Act (ARPA) Sliding Scale dated 3/24/22: 1. 50% for the Case Coordination Fee, if such fee is specified in MCAO contractor’s contract, 2. 100% of the cost for the Assessment, at MCAO contractor’s approved rate, and 3. the defendant’s discounted program costs for received, contract- prescribed diversion treatment services, at the contractor’s approved rate. MCAO contractor will use the MCAO approved ARPA Sliding Scale, which utilizes Federal Poverty Levels and the Arizona Health Care Cost Containment System (AHCCCS) income eligibility requirements (see attached) to assess the defendant’s financial need and qualification for treatment service discounts. If contractor’s approved rates for services covered by this MOU change, MCAO will notify MCDPH at least 30 days before changes become effective. Funds from this MOU are not allowed to be utilized for defendants’ program costs given any of the following circumstances: 1) The defendant is unwilling to be financially assessed or does not comply with financial assessment requirements or does not complete the financial assessment process within set timelines, 2) The defendant is financially assessed, and it is determined that the defendant is AHCCCS- eligible but refuses to apply for AHCCCS, or 3) The defendant is financially assessed, and it is determined that the defendant does not qualify for a discount using the MCAO approved ARPA Sliding Scale dated 3/24/22. If the defendant’s financial circumstances change while in diversion, the defendant may request a reconsideration of their financial assessment determination by the contractor. In situations where an enrolled and participating non-AHCCCS insured defendant who fell outside of the ARPA Sliding Scale or qualified for an ARPA Sliding Scale treatment service discount but subsequently in need of financial support to continue with the program, the MCAO Diversion Strategies Group Director is given the authority to use discretion to use these funds to maintain a defendant’s involvement in the program. VII. INVOICES AND PAYMENTS: A. MCAO shall process all monthly invoices submitted to them from third-party contractor. B. MCAO shall submit the monthly invoices along with a monthly activity report from their third-party contractor to MCDPH on or before the fifteenth (15th) calendar day following the previous month in which the services were performed. C. MCDPH shall review all monthly invoices and reports prior to payment and give final approval to MCAO to proceed with payment. D. MCAO shall pay all reimbursable expenses by purchase order utilizing MCDPH accounting string within sixty (60) days following approval from MCDPH and receipt of the monthly invoice report. VIII. RESPONSIBILITIES OF EACH PARTY: A. MCDPH Shall: 1. Provide up to $120,000 in funding to support the implementation of the Pilot for those who are uninsured/underinsured. 2. Attend monthly meetings with MCAO to discuss progress and updates with the Pilot. B. MCAO Shall: 1. Designate an MCAO contact who shall be coordinating and overseeing the Pilot. 2. Complete the Pilot within timeframe outlined in Section II. 3. Require a MAT assessment by all defendants in the Pilot who are diagnosed with an Opioid Use Disorder (OUD). 4. Refer all defendants in the Pilot who are pregnant and diagnosed with an OUD to the Maricopa County SHIFT (Safe Healthy Infants and Families Thrive) program. 5. Send to MCDPH monthly collected data and metrics including but not limited to: a. Metrics detailed in Logic Model (attached), b. Number of defendants who have opted in/opted out of Medication- Assisted Treatment (MAT) services, c. Number of defendants who are pregnant women referred to the county SHIFT Program, and d. Metrics obtained related to family support services such as coordinated case management meetings. 6. Coordinate and schedule monthly meetings with MCDPH to discuss progress and updates of the Pilot. Communication and details concerning this MOU shall be directed to the following representatives: Maricopa County Attorney’s Office Patricia Cordova Director, Division Strategies Group 225 W Madison St. 6th Floor Phoenix, Az 85003 Phone: 602-506-5661 | Mobile: 602-619-1244 | cordovap@mcao.maricopa.gov Maricopa County Department of Public Health Jeanene Fowler, Program Operations Administrator 4041 N. Central Ave. Suite 1400 Phoenix, AZ 85012 Phone: 602-762-6501 | jeanene.fowler@maricopa.gov IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS AGREEMENT FOR AND ON BEHALF OF: MARICOPA COUNTY ATTORNEY’S OFFICE ___________________________________________ RACHEL H. MITCHELL, COUNTY ATTORNEY ___________________________________________ DATE APPROVED AS TO FORM: MARICOPA COUNTY ATTORNEY’S OFFICE _______________________________________________ KIMBERLY MILES, DEPUTY COUNTY ATTORNEY _______________________________________________ DATE MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH: _____________________________________________ _____________________________________________ DATE MARICOPA COUNTY BOARD OF SUPERVISORS _____________________________________________ BILL GATES, CHAIRMAN, BOARD OF SUPERVISORS _____________________________________________ DATE ATTEST: ___________________________________________ JUANITA GARZA, CLERK OF THE BOARD __________________________________________ DATE APPROVED AS TO FORM: ____________________________________________ ANNE LONGO, ATTORNEY FOR MARICOPA COUNTY ___________________________________________ DATE ATTACHMENTS: MCAO Sliding Scale and Eligibility Requirements Household Size 2022 Federal Poverty Levels 1 $13,590 $0 $18,084 $18,085 $22,559 $22,560 $27,044 $27,045 $31,529 2 $18,310 $0 $24,360 $24,361 $30,395 $30,396 $36,437 $36,438 $42,479 3 $23,030 $0 $30,636 $30,637 $38,230 $38,231 $43,757 $43,758 $53,430 4 $27,750 $0 $36,912 $36,913 $46,065 $46,066 $55,223 $55,224 $64,380 5 $32,470 $0 $43,200 $43,201 $53,900 $53,901 $64,615 $64,616 $75,330 6 $37,190 $0 $49,488 $49,489 $61,735 $61,736 $74,008 $74,009 $86,281 7 $41,910 $0 $55,766 $55,767 $69,571 $69,572 $83,401 $83,402 $97,231 8 $46,630 $0 $62,064 $62,065 $77,406 $77,407 $92,794 $92,795 $108,182 MCAO Sliding Scale for ARPA Funds Using 2022 Federal Poverty Levels & AHCCCS Eligibility - Effective March 16, 2022 100% Discount Range Applicable only for AHCCCS insured 75% Discount Range 50% Discount Range 25% Discount Range 0% Discount Range $0 Defendant Copay 25% Defendant Copay 50% Defendant Copay 75% Defendant Copay 100% Defendant Pay $31,530 $42,480 $53,431 $64,381 $75,331 $86,282 $97,232 $108,183 MCAO Logic Model