HomeMy WebLinkAboutThurston County SECOND AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN
THURSTON COUNTY AND MASON COUNTY
FOR BEHAVIORAL HEALTH SERVICES
THIS SECOND AMENDED INTERLOCAL AGREEMENT, is made and entered into by
and between Thurston County and Mason County, herein after collectively referred to
as the "Counties or County," under the authority of the Interlocal Cooperation Act,
chapter 39.34 RCW, for purposes hereinafter stated.
WHEREAS, the Counties entered into an Interlocal Agreement on September 15, 2015
establishing the Thurston-Mason Behavioral Health Organization ("TMBHO"); and
WHEREAS, the Counties entered into a First Amended Interlocal Agreement on May 9,
2017, adding language to the Interlocal Agreement stating that the Counties intend to
organize the TMBHO as a limited liability company; and
WHEREAS, Section 12 of the Interlocal Agreement provides that the Agreement may
be amended at any time by the written approval of the Counties; and
WHEREAS, the State of Washington 2019 Legislature passed E2SSB 5432 removing
behavioral health organizations and establishing behavioral health administrative
services organizations ("BH-ASO") by Counties as a separate legal entity with its own
staff; and
WHEREAS, Counties may elect to establish a behavioral health agency as a separate
and distinct entity under the same governing board as the BH-ASO.
NOW, THEREFORE, the Counties agree that their Interlocal Agreement executed on
September 15, 2015 and amended on May 9, 2017, shall be amended as follows:
1. Section 1 shall be amended as follows:
The purpose of this Agreement is to operate a behavioral health administrative
services organization ("BH-ASO"), by contracting with the Health Care Authority
to and to perform the functions and exercise the powers of a BH-ASO, as
provided in RCW 71.24.100(1), as now exists or may hereafter be amended.
To enter into contracts and collaborative agreements with Managed Care
Organizations ("MCO") to provide behavioral health services to residents of the
Thurston-Mason Regional Service Area.
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To operate as a state licensed behavioral health agency, Olympic Health and
Recovery Services ("OHRS") and provide designated crisis responder services,
initial crisis services, criminal diversion services, hospital reentry services and
criminal reentry services as authorized by RCW 71.24.100 (4), as now exists or
may hereafter be amended as well as other direct treatment services not funded
by the BH-ASO as directed by the BH-ASO Governing Board ("Governing
Board").
For purposes of administrative efficiency and for the purpose of establishing
separation between administrative services and direct behavioral health services,
the Governing Board may form additional limited liability companies or other
licensed entities to perform one or more of the functions set forth in this section.
For purposes of this Agreement, all references to Thurston-Mason Behavioral
Health Organization ("TMBHO") shall now be amended to be replaced by
Thurston Mason Behavioral Health Administrative Services Organization (TM-
BH-ASO) as of January 1, 2020.
This Agreement authorizes Thurston and Mason County to delegate the
designation of the Designated Crisis Responders to the TMBHO/BH-ASO.
This Agreement authorizes and approves amendments to the Operating
Agreement of Thurston Mason Behavioral Health Organization, LLC, that
correspond to this Agreement.
2. Section 3 shall be amended as follows:
3. ORGANIZATION
b. The TMBHO/BH-ASO Governing Board shall appoint and provide oversight
of the function of the TMBHO/BH-ASO Chief Executive Officer and the
Olympic Health and Recovery Services Chief Operating Officer. The
Governing Board will provide oversight of the TMBHO/BH-ASO Administrative
Service Organization and the Olympic Health and Recovery Services.
c. The powers of the Governing Board shall be those necessary to transact
the business of the TMBHO/BH-ASO and OHRS, including but not limited to:
i. Subject to section 3.f Hiring, evaluating and terminating the
TMBHO/BH-ASO Chief Executive Officer
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ii. Reviewing, modifying, approving and adopting policy and
procedures developed and presented by the TMBHO/BH-ASO CEO, the
Governing Board or the OHRS COO.
iii. Reviewing, modifying, approving, and adopting TMBHO budgets and
contracts developed and presented by the TMBHO/BH-ASO CEO or OHRS
COO;
iv. Reviewing, modifying, approving and adopting service delivery
plans and operating plans developed and presented by the TMBHO/BH-
ASO CEO or OHRS COO;
v. Adopting TMBHO/BH-ASO bylaws, TMBHO/ASO Operating
Agreement and approving amendments, alterations or repeals of the
TMBHO/BH-ASO. Any such bylaws shall be consistent with this Agreement
and shall be binding on each County.
d. Chief Executive Officer and Chief Operations Officer: Subject to
Section 3.f herein, the TMBHO/BH-ASO CEO and OHRS COO will be
responsible for ensuring compliance with all applicable statutes, rules,
regulations, policies, bylaws and contract provisions.
f. Administrative Services Organization Entity: The Governing Board
h II t minims m con�r cf with Thi irston Co nty to f inction as th
Administrative Service Organization in the first year of operation. As the
Administrative Service Organization for the TMBHO/BH-ASO, Thurston
County is responsible for maintaining mental health and substance use
disorder services and functions of a BHO as required by chapters 70.96,
70.96A, 71.05, 71.24 RCW and applicable WACs including, but not limited
to, the following duties:
i. Management Information System;
ii. Care Management System;
iii. Quality Management System;
iv. Provider Service Network Management;
v. Consumer Service;
vi. Financial Management;
vii. Service Coordination in both Counties; and
viii. Grievance System.
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These responsibilities will end for the Medicaid eligible population on January 1,
2020 and remain in effect for the non-Medicaid crisis population thereafter.
g. TMBHO Funds: TMBHO/BH-ASO funds shall be deposited with the
Thurston County Treasurer who shall be the custodian of such funds, who is
the designated fiscal agent. The Th,�rston County Treasurer may make
payments from such funds upon audit by the Thurston County Auditor as
provided for in RCW 71.24.100. The Thurston County Treasurer shall
establish a special fund to be designated "Operating Fund of Thurston
Mason BHO." Interest on investment of TMBHO funds shall accrue for the
benefit of said operating fund. Thurston County Treasurer shall establish a
separate and distinct special fund to be designated "Operating Fund of the
Olympic Health and Recovery Services." Interest on investment of OHRS
shall be deposited with the Thurston County Treasurer under a separate
and distinct fund from the TMBHO/BH-ASO funds and shall accrue interest
for the benefit of said operating fund.
3. Full Force and Effect. Except as expressly provided in this Contract Amendment,
all other terms and conditions of the original Contract shall remain in full force
and effect.
APPROVED on this day ofS d— , 2019
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Merssa �ry, Clerk the Board Kevin Sh y, Chair
APPROVED AS TO FORM:
Sharon Trask, Vice Chair
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Tim Whitehead,Chief Deputy RandiNeatherlin, ommissioner
Prosecuting Attorney
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