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HomeMy WebLinkAboutDepartment of CorrectionsINTERAGENCY CONTRACT PURPOSE This Contract is entered into by Mason County (hereinafter Conh'aclor) and the Deparhnent of Corrections (hereinafter Department or DOC) for the purpose of maximizing the efficient and cost effective use of existing resources and to provide adequate facilities and programs for the confinement care, and treatment of Department offenders in accord withthe provisions of RCW 39.34 and BCSN 72.68,040. The'Departrnent and the Contractor specifically find this Contract is necessary and desirable in order to provide adequate confinement, housing a.nd care to the Department offenders transferred to and detained by the Contractor pursuant to. Cl Inconsideration of the promises, payments, covenants and agreements contained in this Contract, the parties agree as follows: Article I DEFINITIONS Section 1.1 Contractor means Mason County and its employees, licensed pr, contractors, vendors, and volunteers, Section 1.2 Contractor inmate means any resident of the Facility who is not a Departincin offender, Section 1.3 Department or DOC — means the Department of Corrections of the St Washington; any division, section, office, unit or other entity of the Departmert; or any of the officers or other officials lawfully representing the Department. Section 1.4 Department offender - means any offender under the Department's jurisdiction. Section 1,5 DOC Utilization Management Office — means the Department's medical contact that receives, reviews; and approves Contractor's non -Formulary artd extraordinary medical care requests to provide necessary medical care to Department offenders. The Nurse Desk is available telephonically 24 hours a day, 7 days a week at 360-725-8733 and during normal business hours via email at 1lfurseDesk DOCLwa.eov. Section 1.6 extraordinary medical care - means medically necessary medical, psychiatric or dental care that is not commonly available through the Facility's health services and incurs additional cost, This may include, but is not limited to, extraordinary medications such as inu mosuppressive drugs, and hepatitis C treatment and HIV medications, Section 17 Facility - means the Contractor'snon-Department operated correctional facility used for the total confinement of Department offenders and Contractor inmates. State of Washington K11824; Page 1 of17 Department of Corrections 18B.362 Section 1.8 Formulary - means the Department Pharmaceutic Manual. The Formulary can be viewed at: http://doc.vva.gov/business/healthcareproviders/clefaul p ement Section 1.8.1 Formulary medication(s) - means the medications) medically necessary according to the Offender. Health. Plan. ormulary Section 1.8.2. Restricted Formulary medication(s) means the medication(s) is medically necessary but the use is restricted to cases where there has been a doclunented failure of a Formulary medication(s) or to certain populations or disease states. Section 1.8.3 Non -Formulary medication(s1 — means the medication(s) is not a part of the nulsary. Non -Formulary medication(s) is not generally prescribed in the Department. Section.1.9 In -Facility care means medical, mental health and dental care provided as part of the per diem to include all over-the-counter medication, which is any medication thatdoes not require a prescription, and routine medical supplies, routine medical/psychiatric/dental care, regular health screenings, and emergent medical treatment provided on -site at the Facility that is utndistinguishable from services provided to Contractor irunates. Section 1.1a Licensed practitioner - means any licensed health care practitioner perfo services within the person's authorizedscope of practice following RCW Title It Section 1.11 Medicaid —means Title XIX of the Social Security Act enacted by the socialsecrrity amendments of 1.965 (42 U.S.C. Sec, 1.396; 79 Stat. 343), as amended. Section 1.12 Medically necessary care - means medical care that meets one or more of ttie following, criteria for a given patient at a given time: Section 1.12,1 Is essential to life or preservation of .limb, OR Section 1.12.2 Reduces intractable pain, OR Section 1.12.3 Prevents significant deterioration of activities of daily living OR. Section 112,4 Is of proven value tosignificantly reduce the risk of one of the three outcomes above (e.g. certain immunizations), OR Section 1.12.5 immediate intervention is not medically necessary, but delay of care would make future care or intervention for intractable pain or preservation of activities of daily living, significantly more dangerous, cofnplicaled, or significantly less likely to succeed, OR Section1,12.6 Reduces severe psychiatric symptoms to a degree that permits engagementin programming that advances correctional interests, OR Section 1.12.7 Is described as part of a Departmental policy or health care protocol or guideline and delivered according to such policy, protocol, or guideline, OR Section 1.12.8 From a public health perspective, is necessary for the health and safety of a community of individuals and is medically appropriate, but may not be State of Washirig{att 1(11524 Page 2 of 1? Department of Corrections 188362 medically necessary for the individual (for example, treatment for head lice), Section 1,12.9 Not considered experimental or to be lacking in medically recognized professional documentation of efficacy; and, Section 1.12.10 Not administered solely for the convenience of the offender or the health care provider,. Section 1,13 Offender day —means any day a Department offender is in the custody of the Contractor, including the first day the offender is enters the Facility to serve a Deparhnent sanction of a term of confinement to be served in the Facility. An Offender day does not include the day when the Department offender leaves the custody of the Contractor due to release to the community, transfer to a Department institution, transfer to another Facility, or release to the custody of the Department. An offender day ends at midnight. Section 1.14 Offender Health Plan —means the Department's Offender Health Plan (OHP) that describes the medically necessary medical, mental health, and dental services available to Department offenders, as well as the services that are limited or not available. The OHP is not a contract or a guarantee of services to Department offenders. The OHP can be reviewed at }rttp;//doc.wa.gov/familvlOffenderlife/does/OffenderHealthPlan.pdf* Section.1.15 Pre -authorization procedure means the procedure by which the. Contractor must contact the Department's Nurse Desk at the Department's Utilization Management Office to obtain the Department's authorization prior to providing to Department offenders the extraordinary medically necessary care or care beyond what is normally provided to Contractor's inmates, or prior to using restricted Formulary or non -Formulary medication(s) on Department affenders. Section 1.16 Per diem, rate - means the amount per day per Department offender that the Contractor will be reimbursed by the Department for all in -Facility care; including but not limited to all medical, mental health, dental, food, clothing and housing which are the same or similar that is provided. to Contractor inmates, Section 1.17 Secretary - means the. Secretary of the Deparhnent atzd delegates authorized in writing to act on the Secretary's behalf.. Article II TERM OF T1dE CONTRACT/PAYMENT Section 2.1 Term. This Contract supersedes all previous oral and written contracts and agreements betweenthe parties relating to the confinement, care, and treatment of Department offenders. This Contract commences on August '1 2018, and continues through July 31, 2021, unless terminated by either party pursuant to this Contract. Section 2,2 Termination, This Contract may be terminated by either party, without cause, upon sixty (60) days written notice to the other party. Not later than 60 days after the receipt or State of LVashington - KIIa24 I'.agesofl'v Department of Corrections d$8362 delivery of a termination notice, the Department agrees to take physical custody of Department offenders confined at the Facility pursuant to this Contract. However, if the Department offender.Is held pursuant to RCW 9.94A.631, the Contractor may not require the Department to move the Department offender. Additionally, if this contract is terminated and Department offenders remain detained pursuant to RCW 9.94A,631, then. the Department's per diem will revert to the OFM established. rate. The Contractor and the Department agree to waive the written notice requirement if either party in its sole discretion, determines there is an immediate threat to public safety, health, or welfare that requires contract termination. In such cases, both parties agree to provide verbal andwritten notice of the termination as soon as possible, Section 2,3 Termination Due to Non -Appropriation of Funds. The terms of this Contract are contingent upon sufficient appropriations by the Washington State Legislature to the Department to pay sums pursuant to this Contract. If the Legislature does not allocate sufficient appropriations, this Contract shall terminate immediately without penalty and without the sixty (60) day notice period. The Department is responsible for the services provided to Department offenders prior to termination and removal of Department offenders, as prescribed by law. Section 2.4 Per Diehl Billing. The per diem rate is $85.00 per Department offender. The Contractor agrees to only bill the Department monthly for the actual bed days used by Department offenders in the preceding month. 'The Contractor also agrees that it will not bill the Department for any bed day that is the financial responsibility of any other jurisdiction, and that it will submit monthly itemized bills to the Department in an electronic spreadsheet format that includes the offender's name, DOC number, date of birth, and dates the offender was held by the Contractor under the Department's authority. If applicable, the Contractor agrees to identify in. the monthly bill, any beds that are being counted toward the day -for -day exchange for any Contractor boarder lacing held by the Department in a Department institution, Section 2.4.1 The Contractor agrees to run all sanctions imposed by the Department consecutively to all other sanctions and/or sentences imposed by any other jurisdiction, unless a court order requires them to run concurrently, Section 2.4.2 The Department's financial responsibilities under this Contract terminate when the Department takes custody of the Department offender, when the Department's sanction has been served, or when the Department's hold or detainer is no longer valid, whichever is earlier. Article III RESPONSIBILITIES Section 3.1 Target Population.. Department offenders transferred to the Contractor will be primarily, but not exclusively, those who are in violation of eornmimity supervision requirements or who are awaiting a hearing on alleged violations, parenting sentencing alternative violators, State of Wanlutigton If 11824 Page 4of 1% Department of Corrections 188362 and work release violators. Section 3.2 Offender Housing, Confinement and Sanction time. The Contractor agrees to take into custody, confine and supervise Department offenders in the Facility pursuant to this Contract, Department offenders may be integrated with the Contractor's inmate population,as allowed by law, regulation, and ordnance. Placement of Department offenders in the Facility following this Contract may occur at any time after the beginning of the term of this Contract, pursuant to this contract. However, in the absence of a contract, if a com.mu pity corrections officer arrests or causes the arrest of an offender pursuant to RCW 9,94.A.631, the offender shall be taken into custody, confined and detained and shall not be released from custody except upon approval pursuant to a written order by authorized Department staff. Section 3.2.1 Each party agrees that Department offenders shall serve any Department imposed sanction time consecutive to all other sentences and to non-DOC confinement, pursuant to RCW 9,94A,171(3), RCW 9,94A.589(2)(a) and RCW 9.94A.505(6), unless a Court of competent jurisdiction orders otherwise. In the event this occurs, the Contractor agrees to provide the Department with a copy of the Court's order. Section &2.2 Each party agrees to notify the other in writing any time the Department's jurisdiction has beentolled, or should be tolled by non-DOC confinement pursuant to RCW J.9 A.,(71j RCW 9.94A.5$9(2)(a) or RCW 9.94A.505(6). Section 3.2,3 The Contractor agrees that the Department shall not be financially responsible for any Department offender during the period. the Department offender is serving consecutive non- DOC confinement. Section 3.3 Transportation of Department Offenders Section 3.3.1 The Department agrees to 'provide or arrange for transportation of Department offenders to and from the Facility except when the transportation is determined by Facility staff to be necessary to secure an emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Facility, in which case the Contractor shall provide the transportation. Section 3.3.2 The Contractor agrees to provide transportation, if the Contractor has transportation, to and from designated sites on its regularly scheduledtrips and to assist, when possible, in the transportation of Department offender's to and from other facilities in surrounding counties, including placing Department offenders on the Contractor's transportation during regularly scheduled trips. Section 3.3.3 The Department agrees to reimburse the Contractor for all reasonable costs incurred by the Contractor for its transports of Department offenders in response to a request State of Washington K11824 .Page 5 of 17 Department of CorrectioM 188362 by the Department, unless the Department offender is transported by the Contractor during the Contractor's regularly scheduled trip. See Attachment A. . Section 3.3.4 The Department shall be responsible for the transportation of Department offenders to and from Department institutions. The Department agrees to provide the Contractor a minimum of 24 hours written notice prior to transporting a Department offender from the Facility. Nothing in this section precludes the Contractor from waiving the 24 hour written notice requirement. Section 3.4 Return of Department Offenders to the Department. Section 3.4,1 Return of Department offenders to Department. The Department may demand that a Department offender be returned to Department custody at any time. The return will be at the Department's expense -unless the Department offender is transported by the• Contractor during a Contractor's regularly scheduled trip to the scheduled destination. Section. 3.4.2 Contractor's Return of Department offenders, The Contractor may request to return a Department offender to the. Deportment's custody at any time for documented behavioral or medical/mental health problems that the Contractor is unable to manage. The Department agrees to accept custody as soon as possible, but not later than seven days after receiving the Contractor's request. If the Contractor requests the Department offender's return, and the Department cannot meet the Contractor's timeframe, then the Contractor may transport the offender to the nearest Department designated location. Section 3,4,3 Court's Return of Department Offenders. If a Court of competent jurisdiction orders a Department offender to be returned to the Department, then the Department agrees that it will accept custody as soon as possible, but no later than seven days after receiving notice. The Department shall be responsible for the Department offender's transportation to the nearest suitable Department designated location, unless the offender can be transported by the Contractor during the Contractor's regularly -scheduled trip. Section 3.5 Return of Department Offender to the Community. Prior to releasing a Department offender to the community, the Contractor agrees to complete a national "Wants and Warrants" check as indicted below, and to notify the Department and any interested jurisdiction of the Department offender's pending release, The notification shall occur at least seven business days prior to a Department offender's release to the community due to the Department offender's completion of a sanction or sentence. In extenuating circumstances, the notification may occur less than seven business clays prior to release, but in no event may it occur later than 24 hours prior to release. The Department offender may be released to the community when the Department's sanction has been served, or whert the Department's hold or detainer is no longer valid. See Attachment A. Section 3.6 Jurisdiction. Department offenders placed in the Contractor's custody are under State of Washington Department of Corrections ICLW.4 • Page 6 of 17 168362 the Department's jurisdiction. However, upon the Department offender's placement at the Facility, the Department authorizes the Contractor to assume custody. The Department agrees to provide the Contractor with documentation of the Contractor's authority to detain the offender. Section 3.7 Public Records. Both parties agree to comply with Washington State's Public Records Act, RCW 42,56.040 through 42.56.570 (act). The act requires each party to make available for inspection and copying nonexempt "public records," A "public record" includes any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the party in accord. with RCW 42.56.070(1). Section 3,8 Medical Care, it is the intent of the parties that Department offenders u1 the Contractor's custody receive safe, appropriate and cost-effective medical care consistent with the Department's Offender Health Plan and Attachment B. Section 3.8.1 Contractor Responsibilities. 3.8.1.1 The Contractor agrees to provide Department offenders in the Facility care equivalent to the care provided to Contractor inmates, The Contractor agrees to provide Department offenders 24 hour access to emergency medical care. The Contractor agrees to provide the most cost- effectivermedtcallyappropriate methodoftransportationandsecurity for all Department offenders taken out, of the Facility, to in -county emergent and non -emergent medical appointments. The Contractor may require Department offenders to pay copay fees for medications. The Contractor agrees to follow the: Department's pre -authorization procedure through the Department's Utilization Management Office for all extraordinary medically necessary care provided to Department offenders and for all health care provided to Department offenders beyond what is noirnally provided to Contractor's inmates, and for the use of restricted Formulary and non -Formulary medication(s) .for. Department offenders. The use of Formulaty medications requires no pre - authorization for use, provided the criteria listedin the Formulary are met, 3.8.1.3 ONLY the Department's Nurse Desk can authorize the transfer of a Department offender from the Facility for medical reasons. 3,8.1.4 In an emergency, when pre -authorization is not feasible, the Contractor agrees to notify the Department, as soon as possible, but not later than four hours after transporting a Department offender to the nearest emergency room or other medical facility and before any hospital admission. The Contractor agrees to be financially responsible for all health care provided State of Washington IC11.824 1 age 7 of 17 Department of Corrections 188362 to Department offenders that is not pre -authorized unless 'it is both emergent and medically necessary. 3,8.15 Following the OHP and consistent with RCW 70A8,130(2), the Department does not consider experimental or elective procedures to be medically necessary. The Department will not reimburse for elective or experimental medical procedures. The Department will not be responsible for the payment of or for medicalcare required as a result of any tort committed. by the Contractor; or its employees, or by its agents, contractors, vendors, or volunteers in the course of their providing services to Department offenders, or for care whichcould have foreseeably been prevented. 3.8.1.6 The Contractor agrees to be financially responsible for all unauthorized, non -emergent and non -medically necessary health care provided to Department offenders. 3.8,1,7 The Contractor agrees to be financially responsible for any medical costs incurred due to the negligent action or inaction of Contractor's employees, 3,8.1.8 Extraordinary medical care costs may be billed to the Department only if pre -authorized by the Department_ Section3.8.2 Departm:entResponsibilities. 3.8.2.1 The Department agrees to be financially responsible for pre -authorized extraordinary medical care provided by the Contractor to Department offenders that is consistent with this Contract; the OHP and the Formulary. 3.8;2;2 If the Department offender is under the exclusive jurisdiction of the Department, then the Department may authorize medically necessary care, However, if it is later determined that another jurisdiction(s) or entity is financially responsible; then the Department may decline to pay for part or all of the costs associated with the medically necessary care. 3.8.2.3 The Department agrees to reimburse the Contractor for emergency medical costs incurred by a Department offender under the conditions of this Contract, Emergency medical care costs may include a facility fee, physician services, labs andx-rays, The Department is not obligated to reimburse the Contractor for medical care or treatment provided to a Department offender without the Department's pre -authorization in a nonemergency, or without the notice required by paragraph 3,8.1.4 in emergency situations. State of Washington K 11824 Department of Corrections 188362 3,8,2.4 The Department may, at its option, request that the Contractor return a Department offender to the Department's custody for medicnl reasons. The Department's medical financial responsibilities under this Contract terminate when the Department takes custody of the offender, when the Department's sanction has been served, or when the Department's hold or detainer is no longer valid, whichever is earlier. 3,8.2.5 The Department at its sole discretion may provide Department offenders prescription medications, or reimburse the Contractor for prescription medications that the Contractor provides,, as long as the Contractor- provided prescription medications are consistent with the Offender Health Plan and. the Fgrmla Restricted Formulary and non - Formulary medications must be pre -authorized by the Department's Utilization Management Office, See AttachmeittB. Section 3,8,3 Safe Transfer of Care, 3,8,3,1 HIPAA —Both parties agree to follow rite Health Insurance Pgri Ability and Accountability Act of 1996 (HIPA(iJ. HIPAA protects the privacy of individually identifiable protected health information. It allows the exchange of this information between the Department and the Contractor for the purpose of billing and payment. This allows the Contractor to provide the Department with information documenting the Contractor's treatment activities so that the Contractor can receive reimbursement under this Contract for costs of health care provided to Department offenders. See CFR 45 § 164,506. HIPAA also clarifies the standard for use and disclosure for correctional institutions and other law enforcement custodial situations in 3.83,2 The Contractor agrees to consult with a registered nurse at the receiving facility and/or the Department's Utilization Management Office prior to transferring a Department offender for medical reasons. "Transferring," as used in this section, includes moving the Department offender into the Contractor's medical unit within the Facility. 3.8.3.3 The Contractor also agrees to consult telephonically with the medical staff at any facility receiving the Department offender and agrees to transport, with the Department offender, any applicable medical records, current care instructions, andall appropriately labeled medications, The medical record shall at a minimum. include the Department offender's name, DOC number, date of birth, any known allergies, current medication list, and description of current medical problem(s), the Facility medical care previously provided, and the Facility medical staff contact information. Stale of Washington K11824 Page 9 of 17 Department oECRnectlons 188362 3.8.3.4 The Department agrees to transport, with the Department offender, any applicable medical records, current care instructions, tmd all appropriately labeled medications. The medical record shall at a minimum include the Department offender's name, DOC number, date of birth, any known allergies, current medication list and description of current medical problem(s), the Facility medical care previously provided, and the Department's institutional medical staff contact iliforination. Section 3.8.4 Medical Care Utilization Review. The Contractor agrees to allow the Department and its agents to conduct concurrent and retrospective utilization audits and reviews of any and all medical services provided to Department offenders. The Contractor agrees that any and all of its medical service contracts will include authorization for the Department's concurrent and retrospective utilization audits and reviews of any and all medical services provided to Department offenders. Section 3.8.5 Medical Billing. Contractor costs incurred for a Department offender's medical care not included in the per diem will be reimbursed by the Department consistent with this Contract and Attachment B. The Contractor agrees to electronically send itemized monthly bills to the Department at: DUCHOMedicalRAB4VDQCl. WA.GOV. The itemized reimbursement claims must contain the Depaitrnent offender's name and DOC number andattached supportingdocuinentation of the service provided that includes the date(s) of service, the name of the practitioner who ordered the service, details of the servi:cetitem(s) provided, the prescriptions(s) provided, the facility(s) that provided the service(s), and a copy of any health care claims paidto off -site providers. The Contractor; agrees to submit itemized billing statements electronically to the Department for reimbursement and data collection purposes. If billings received do not contain the detailed information or supporting documents required, they will be rehunedto the Contractor and not processed. The Contractor agrees to submit itemized bills for medical services no later than six months after the date of service. If medical or pharmaceutical bills are received 365 days or more after the date of service, the Department may decline to reimburse the Contractor for those 'lis. Section 3.9 Notification of Release Date. The Department agrees to calculate a Department offender's release date and to notify the Contractor, in writing, of the Department offender's release date from a.Department imposed sanction. The Contractor will notrelease a Department offender unless the Department's sanction has been served; or when the Department's hold or detainer is no longe valid. State or Washington. 1C11ts2§ Page 10 of 17 Department otCorrections 158362 Section 3.10 Contract Coordinator. Each party agrees to identify a coordinator who is responsible for administering the Contract on behalf of that party. Should the coord.i.nator be absent for an extended period of time, the coordinator shall arrange for, and notify the other party inn writing of, the alternate contact person during the coordinator's absence. The DOC Contract Coordinator's contact information is provided. in Attachment A. Section 311 Facility Space for Violation Hearings and Reviews. The Contractor agrees to provide Department staff and officers suitable facilities for conducting Department offender hearings and reviews Monday through Friday during normal business hours and at other tithes upon written notice. The Contractor will provide a room with sufficient confidential space to safely and efficiently conduct Department offender hearings and. reviews. Sufficient space means that the room provided will allow all participants to hear the proceedings and must be of a size sufficient to accommodate at least three sitting people and must be equipped with overhead lighting, at least one electrical power/outlet, a desk, three chairs, and a working telephone with a line able to call local and long distance telephone numbers outside the Facility. Where possible the Contractor agrees to provide a means for contacting the Contractor during the hearing. If a "panic button' or other method is not available, the Contractor agrees to ensure Department offenders remain restrained during Department hearings and reviews. Section 3.12 Inspections. The Contractor agrees to allow the Department and its agents to inspect and audit the Facility(s) with or without advance notice. The inspection/audit may include, but is not limited to: reviewing. holding and detaining facilities, expense reports, and Department offender medical records and interviewing Department offenders. Section 3.13 Offender Programs. Department offenders will have the same access to programs provided to Contractor inmates housedin the Facility. Should the Department elect to provide additional programs for Department offenders at the Department's expense, the Contractor agrees to provide workspace to conduct those programs, provided that such space is available and not being used by the Contractor. Section 3.1.4 Orientation. Upon a Department offender's arrival at the Facility, the Contractor agrees to fingerprint, conduct an NCIC check and provide an orientation for the Department offender in the saute manner as for a Contractor inmate. This orientation must include the Facility's:1) requirements for work; 2) Facility rules and disciplinary procedures; 3) medical care availability; and 4) visitation rules. The Department will advise Department offenders of the requirement to follow the rules of the Facility. Section 3.15 Clothing. State of Washington Department of Conections K11824 Paige 11 of 17 188362 Section 3,15.1 Clothing and bedding for Department offenders will be providedand. maintained in accordance with the Facility's policies; Section 3.15.2 The Contractor agrees to provide work clothing and equipment appropriate to a Department offender's assignment to the same extent as provided to Contractor inmates. Section3.15.3 The Contractor agrees to furnish Department offenders with climate appropriate outerwear to the same extent as provided to Contractor Inmates. Section 3.15.4 Department offenders will be released in the clothing in which they arrived or in Department -provided apparel. Section 3.16 Transferable Items. Each party agrees to provide the other with al st of allowable items that maybe transferred with a Department offender. Section 3.17 Compensation for Work. The Contractor agrees to provide Department offenders who participate in Contractor employment the same reimbursement, if any, as provided to Contractor inmates performing similar work. Section 318 Discipline. The Contractor may discipline Department offenders in accordance with the Contractor's rules and disciplinary procedures. The Contractor agrees to notify the Department as soon as possible but not later than 72 hours after disciplirting a Department offender or after a referral for criminal charges. In such cases, the Department reserves the right to determine if the Department offender's misconduct should also be addressed through the Department's violation and hearing processes. The Contractor reserves the right to refer a Department offender's misconduct for new criminal charges and the right to move Department offenders to more secure housing within the Facility consistent with the Contractor's policies, procedures and prudent facility management practices. The Contractor may require the Department to retake custody of any Department offender whose behavior requires segregated or protective housing pursuant to this Contract. The Department may request a Department offender be returned to the Department if the Department offender's behavior or health requires segregated or protective housing pursuant to this Contact Section 3.19 Facility Operations. The Contractor agrees to manage Department offenders consistent with the management of Contractor inmates and in accordance with the law. The Contractor agrees to maintain staffing levels at the Facility in sufficient numbers and rank to maintain the safety of the public, staff, Contractor inmates, and Department offenders and to reasonably carry out the provisions of this Contract. Section 3,20 Religious Opportunity. The Contactor agrees to provide Department offenders the same space andopportunity for religious services as provided to Contractor inmates. Stale -of Washington .K11824 Page 12 of 17 Department. of Corrections 188362 Section 3.21 Telephone, The Contractor agrees to provide Department offenders access to telephone services consistent with telephone services provided to Contractor inmates, Section 3,22 Commissary and Mail. The Contractor agrees to provide Department offenders commissary and mailservices consistent with commissary andmail services provided to Contractor inmates. Section 3,23 Offender Funds. The Contractor agrees to administer Department offender hmds consistent with the fund administration provided to Contractor inmates. if, by mutual Contract, the Contractor agrees to house Department offenders who are non -violators, the Contractor then agrees to administer Department offender funds to include the appropriate accounting process to accommodate statutorily mandated. deductions. Section 3.24 Visitation The Contractor agrees to provide Department offenders visitation opportunities consistent with those that are provided to Contractor inmates, Section 3.25 Grievance Procedures. The Contractor agrees to handle initial Department offend.er grievances consistent with, Contractor innate grievance procedures. The Department agrees to handle appeals or additional reviews of Departtent offender rievances at the request of the Contractor. Section 3.26 Access. to Courts, Contractor agrees to provide Department offenders in Contractor's custody under this Contract meaningful access to the courts through: (a) the use of court appointed attorneys to satisfy thew Sixth Amendment right to counsel, (b) access to contracted attorneys provided by the Department, and/or (c) access to legal resource materials at the Facility. The Contractor also agrees to provide Department offenders opportunity to access legal materials at the Facility or to access the Department offender's attorney in accordance with security and operating needs and consistent with accessgranted to Contractor inmates, Section 3.27 Death of an Offender, The Contractor agrees to immediately notify the Contract Coordinator by phone of any Department offender's death. See Attachment A The Contractor also agrees that the Department offender's death shall be reviewed by the coroner of the local jurisdiction pursuant Contractor's policies and procedures. The Contractor also agrees to provide the Department certified copies of the Department offender's death certificate, autopsy report, file and medical records, Section 3.28 Escape of an Offender, The Contractor agrees to immediately notify the Contract Coordinator by phone if a Department offender escapes, See Attachment A, The Contractor also agrees to immediately notify all local law enforcement agencies. Section 3.29 No Department Holds. The Contractor agrees to irnrnediately notify the Department ofall non -Department holds if andwhen non -Department holds are placed on Department offenders or when non -Department holds are closed or removed from Department offenders as detailed in Attachment A. State of Washington TC11824 Page 13 of 17 Department ofCarr eeLions 1.88.362 3.29.1 The Contractor agrees to not transfer Department offenders to another confinement facility pursuant to a non -Department hold until the Department's sanction has been served, or the Department's hold or detainer is no longer valid, 3.29.2 The Contractor agrees not to transfer Department offenders detained in: the Facility to another confinement facility or Department institution pursuant to a non- Department hold unless the Contractor has first obtained authorizationfrom the Violator Desk, the after -business Duty Officer, or the Contract Coordinator as detailed in Attachment A. 3.29.3 The Deparhnent will not be financially responsible for any per diem or medical costs accrued during time spent pursuant to a non -Department hold, other than costs accrued during a sanction imposed by the Department. Article IV CONTRACTOR. EMPLOYEES Section 4.1 Independent Contractor. Each party agrees to perform its duties hereunder as an independent contractor and not as an employee. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the Department, Neither the Department nor any agent or employee of the Department shall be deemed to be an agent or employee of the Contractor. The Contractor agrees to pay, when due, all required employment taxes and income tax withholding including all Federal and State income tax and local head tax anany monies paid pursuant to this Contract. Neither the Contractor nor the Department shall have authorization, express or implied to bind the other to any Contracts, liability or understanding except as expressly set forth herein. Section 4.2 Personnel. The Contractor agrees to retain sufficient personnel to deliver 24-hour care andsupervision to Department offenders, consistent with Contractor's policies and the governing laws, as well as administrative and support service personnel for the overall operation of the Facility. The Contractor agrees to subject all applicants to a thorough background check prior to their employment at the Facility. Section 43 Training Each Party agrees to train its employees in accordance with its own policies and the law. Bach Party also agrees to be responsible for all claims, damages, liability and court awards (including costs, expenses and attorney fees) incurrcd against itself as a result of any action Or omission of its own employees, agents, subcontractors or assignees incurredin connection with the training. Skate of Washington K11824 .Pogo 14 of 17 Department of Correetlon5 188362. Article V PREA COMPLIANCE Section 5,1 Compliance, The Contractor agrees to maintain zero tolerance toward all forms of sexual abuse and sexual harassment and to ensure that all of the Contractor's employees, vendors and volunteers who have contact with Department offenders comply with all federal and state laws regarding sexual misconduct, including but not limited to: Section 5.1,1 The Prison, Rape Elimination Act of 2003 (PREA)1 Section 5,1.2 The standards for adult prisons and jails or community confinement. facilities, whichever is: applicable, as promulgated by the United States Attorney, Section 5.13 RCW 72.09,225 or RCW 13,40.570, regarding sexual misconduct by state employees, contractors; Section 5.1.4 RCW 9A.44,010, regarding definitions, Section 5.1,5 RCW 9A.44,160, regarding custodial sexual misconduct in the first degree; and, Section 5.1,6 RCW 9A.44.170, regarding custodial sexual misconduct in the second degree. Section 5,2 Monitoring. The Contractor agrees to provide to the Department documented compliance with the federal PREA standards, and to allow the Department to monitor the Facility's compliance, Section 5.2,1 Monitoring may include, but is not hrnited to: site visits, access to facility data, and review of applicable documentation. Section 5.2,2 The Department may terminate this Contract should the Contractor fail to provide documentation that demonstrates that the Contractor is actively and effectively working toward and is making substantive progress toward achieving compliance or should the Contractor fail to mairttain PREA compliance between auditing periods, after being given a reasonable opperinmity in cure.. Section 5,3 Termination. The Department may terminate this Contract should Conti actor elect to discontinue pursuit of PREA compliance or should the Contractor be found in noncompliance through a PREA audit andfail to cure such noncompliance within the identified time -frames, should the Contractor be found to be in egregious violation of PREA. Article VI INDEMNIFICATION Section 6. Indemnification Each party agrees to be responsible for the negligent acts or fissions of its own staff. Each party agrees to defend and indemnify the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the performance of this Contract by the indemnitor or its elected or appointed officials, officers, employees and agents. The i ndemnitor's duty to defend and indemnify extends to, but is not limited to, claims by the elected or appointed officials, officers, employees or agents of the i ndemnitor or of any contractor or subcontractor of indernnitor. The indemnitor waives its State of Waahingtan K11824 Department of Corrections of 188362 immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated, This provision shall survive the expiration or termination of this Contract. Article VII MISCET LANEOUS Section 7.1 Existing State Law, This Contract shall not be construed to alter the legal responsibilities of, the Contractor or the. Department with regard to the legal and fiscal responsibility for confinement, care, and'treahnent of Department offenders under state law. Section 7.2 Disputes. Disputes between the parties arising out of this Contract may be submitted to arbitration if the parties are unable to resolve them through conference. No disputes may be submitted to arbitration without the consent of both parties. Nothing in this section is untended to limiteither party's access to any and all courts of law of this state or courtly, Section 7.3 Sntai Emrloylnent Onttortnnity The parties ascribe to the principles of equal employment opportunity. Neither rs responsible for ensuring that the other is incompliance with equal employment statutes or policies. Section 7.4 Invalidity and Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are several. Should any term or provision of this Contract be declared invalid or become inoperative .for any reason, such invalidity or failure shall not affect the validity of any other term or provision of this Contract. In the event that any provision of this Contract is held invalid, that provision shall be null and void. However, the validity of the remaining provisions of the Contract shall not be affected thereby, Section 7.5 Jurisdiction and Venue. The laws of the State of Washington and the rules and regulations issued pursuant to them shall be applied in the interpretation, executionand enforcement of this Contract. Venue for any legal action related to the performance or interpretation of this Contract shall be in the Superior Court in Thurston County, Washington. Section 7.6 Scope of Contract. This Contract and any appendices or exhibits to it incorporate all the contracts, covenants, and understandings between the parties. No prior contract or understandings, verbal or otherwise, of the parties or then agents shall be valid or enforceable unless embodied in this Contract. This Contract shall not be altered, changed, or amended except by mutual consent of the parties in writing. Section 7.7 Compliance with Applicable Laws. The parties agree at all times during the performance o,f their obligations of this Contract to strictly adhere to all applicable federal and state laws and regulations. Section 7.S Audit. At no additional cost, allrecords relating to the Contraetor's performance State of Washington K11824 Page 16 of 17 Department of Corrections 188362 under this Contract shall be subject at: all reasonable times to inspection, review, and audit by the Department, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, andquality assurance under. this Contract. The Contractor shall provide access to its facilities for this purpose. Any overpayments discovered in the course of such audits, after notice to the. Contractor, may be withheldfrom future payments. IN WITNESS WHEREOF, the undersigned duly authorized officers have subscribed then names on behalf of the State of Washington and the Contractor. MASON COUNTY Casey Salis. ry, Sheri STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS 9/z/> g Q '' ) BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON Approved as to form by: Thn Whitehead Contractor's Attorney State of. Washington 43I// DATE Debra J, E Contracts trator Approved. bys The Office of the Attorney General on November 4, 2015. DATE K11824 Page17 of 17 Department of Corrections 188962 Attachment A DOC Co act Infornlatio: Violator Medical Issues • Pre -Authorization. for extraordinary medical expenses • Pre -Authorization for non- Formulary medications • Report of emergent offender medical issue DOC Nurse Desk-24/7 • 360-725-8733 Additional contact during business hours: • NurseQeakedoc1.wa.gov • Fax: 360-586-9060 Violator Issues • To request a transfer of violator • Notification of additional. non- DOC sentence/sanction confinement • Notification of violator discipline/new charges • Notification of any non- DOC detainers/ holds DOC Violator Desk Monday -Friday (except Holidays): 7 am-5 pm • 1-855-584-6528 • Viol tordeskw oc.wa:gov • When calling outside of hours listed call the DOC Warrants Desk and ask to speak to the CCD Section Duty Officer: DOC Secretary Warrant DOC Warrants Desk-24/7 • 360-725-8888 Concerns after normal business hours For example: offenders sunder DOC supervision or issues related to DOC staff or DOC equipment DOC Warrants Desk-24/7 Warrants Desk will refer to the appropriate Duty O0cer • 360-725-8888 Violator Medical Billing • Requests for reimbursement for medical care not included in the offender base rate, Medical Disbursement Unit • DOCHOMedicalRABCTdoct. ra.gov • 360-725-8298 • Fax: 360-586-1320 DOC Contract Coordinator • Contract concerns/issues • Death of a Violator • Violator Lrscape Dianne Ashlock Monday -Friday (except Holidays): 8 am-5 prn • Work 360-725-8315 • After.hours/holidays 360-507-6040 • diarnne.ashlock doc.wa.gov Last upd 8/11/2015 State of Washington Department of Corrections K11824 Attachment A. Nigel. of 1 188362 Atta.chmentB Pre-authoxiza#ion and Medical Billing Instructions The County, City, or Tribal entity (hereinafter Contractor) must obtain pre -a uthodzalion through the Department's Utilization Management Office for all health care beyond what is normally provided to Contractor's inmates. This includes; but is not limited to, notification of Department offenders who are Q11 specialty/high cost medications for long-term or chronic conditions such as Hepatitis C, HIV, Multiple Sclerosis or any other condition that requires the consistent administration of medications during the Department offender's confinement. In the case of:a n emergency; when pre -authorization is not feasible, the Contractor must notify the Department's Utilization Management Office as soon as possible, but no later than 4 hours after transporting the Department Offender to an emergency roomor other medical facility and before any hospital admission. The following information must be included with notifications: • The date and, time the Department offender left Contractor's facility because of the medical event; • The name of the hospital or medical facility; • The medical issue/reason for trip; ,and., • The date and time the offender returned to Contractor s facility, if applicable. Please note: If ANY hospitalization of a Department offender results in an inpatient event then. the Department, if properly notified, will apply for Medicaid coverage under the Affordable Care Act and the Contractor will not be billedfor qualifying services. However, the Contractor must noti.fy the Department of the hospitalization and follow the emergency notification and pre - authorization process so that a Medicaid application can be initiated for the event: The Department must open a claim within 90 days of the date of service. The Department is not obligated to reimburse the Contractor for medical care or treahnent provided to a Department offender without the Department's pre -authorization or notification within the 4 hour timeframe specified in the contract. Pre authorization requests for extraordinary medical care, including pertinent medical records, and other supporting doeumemtation, must be faxed to the Department's Utilization Management Office at (360) 586-9060. The Department's Utilization. Management Office is available via telephone to assist Contractor 24 hours a day and 7 days per week. State of Washington Department of Correctia T11824 Attachment B Page to€ 4 188362 s From 8. a.m. - 4:30 p.m. Monday — Friday (except holidays), the Nurse Desk is available at .NurseDeskaidocl.wa.gov or (360) 725-8731 After normal business hours and on holidays, please call (360) 725-8733 to reach the on- call UM Nurse. Emails inay not be returned until the next business day. Denials - If the Depottrinent denies the authorization for extraordinary medical care, Contractors) may appeal the Department's decision by submitting a written request with the supporting documentation to the Department's Utilization Management Office at ]Vur eskCwdoc1 wa4 ov. Pharmaceuticals and Non -Formulary Requests The Department may reimburse for prescription medications that are consistent with the Offender Health Plan and Formulary. Restricted formulary and non -Formulary medication must be pre-autinolized by submitting a request to the Department's Utilization Management Office either via email at NuxseDesk@docl.wa.gov or fax at 360-586-9060. The non -formulary request (C'4FR) farm is available online at: http://www,doc.wa.gov/farm y/offenderlife/docs/DOC13- Formulary medications are medically necessary medications that require no huffier Department approval for use, provided the criteria listed in the Department's Formulary are met. Preauthorization — Restricted Formulary and non -Formulary medications may be prescribed. however, the Department will only authorize these medications if the specific criteria necessary for approval are met. Medications in this category require preauthorizationby the Department's Utilization Management Office to be considered for reimbursement. When a Contractor determiznes that the administration of a restricted Formulary or a non - Formulary medication is medically necessary for the continuous management of a significant medical or mental health condition, the Contractor should proceed based on his/her professional clinical judgment. ,However, to be considered for reimbursement, a restricted Formulary/non- Formulary medication request most be approved by the Department's Utilization Management Office as soon as feasible, but not later than 3 days after beginning the medication. Denials - If the Department denies the request to use restricted Formulary medication and/or non -Formulary medication, the Contractor may still be reimbursed for medications administered to a Department offender while awaiting the Department's decision on the Contractor's appeal of a Department denial for reimbursement by submitting a written request and any supporting documentation to the Department's Utilization Management Office. Medical Billing Stele of Washit gton Ktr824 Page 2 of 4 Department of Corrections Atrnehment 13 188362 It is the responsibility of the Contractor to process payment for all bills prior to sending themto the Department for reimbursement. However, if the Contractor is unable to make payment for direct billings, the Contractor may send a written request to the Department to process payment on the behalf of the Contractor. Requests may be submitted via fax (360) 586-1320 or via email to DC 1C FiOMedieaJRAHtf DQCI WA GCiV. Contractors must include a copy of the original medical bill with the request. The Department will respond to the Contractor's written request for assistance with payment of a direct billings) not later than 7 business days of receipfi Contractors shall instruct the illine entity to NOT send a rnedica Contractors shallsubmit monthly medical billings electronically to the Department's Medical Disbursement Unit at Dom" M ie&RAB@DOC,I.WA.GOV. Monthly itemized invoices for services provided onsite by the Contractor should include the previous month's services. Contractors must submit billings for offsite services within 30 days of the date of service, The Department understands that occasionally a monthly invoice may include medical bills from the previous month(s). However, in an effort to ensure an efficient and accurate billing process, Contractors will submit bills one month al a time, whenever possible. Itemized billing statements must be submitted following the format of the DOC's Medica1Billing Reimbursement Form, Attachment C, with the supporting documentation attached, when applicable. Incomplete or missing data or supporting documentation may result in delays of denial of payment. Contractors unable to subn. Department of Corrections Medical. Disbursement Unit Fax: (360) 586-1320 billing via email, rtust fax bills to: uthiv billinngs ntustinclude: b A coversheet with all pertinent details including: (1) The medical facility name, the medical facility's Federal Tax ID number, including the name of thecontact at the medical facility, the medical facility's contact's phone number, and either an email or fax number; (2) The total amount being billed; (3) The month, date and year of service; (4) The contact information for the Contractor's billing staff (including a phone number and an email address or fax number); and, (5), The address for where to submit the payment, an invoice number (this is the Contractor's internal invoice tracking number). State of Washington Department of Corrections ]K11824 Attachment Page 3 of 4 188362 e Any itemized charges must include: (1) The name of the Department offender; (2) The Department offender's DOCI# and DOB; (3) The reason for the charges; and, (4) The totalamount of the charges. Note: If the Contractor is requesting reimbursement for services paidto an crosfte or of fsite medical provider(s), a. copy of the original healthcare claim form paid by the Contractor mist also be included. e Su wort ng doe', entation including verification of the Department's detainer/hold; arty authorizations from the Utilization Management Office; all Health Insurance Claim Forms, including those that are needed for medical insurance claims, i.e. the CMS 1500 or thg UB•04; and, invoices from community provider's showing what was billed including the doctin entationof what the Contractor paid. o When Contractor is requesting reimbursement for medications Contractor must also provide a copy of the original pharmacy bill to include the Department offender's name, the medication name, the dosage and quantity provided and the amount Contractor previously paidfor the medreation(s), Credits for returned prescriptions— Contractors wanting credits for returned medications, must document those "credits" following the supporting documentation guidelines with clear demarcation as a CREDIT. Once the Department has completed its' medical bill verification process and is ready to process payment, the Contractor will be notified by email or fax of any denials or credits. For billing questions or concerns, please email DOCHOMedicall2ABN➢DOC1,WA,GOV, HIPAA HIPAA -The Health Insurance. Portability and Accountability Act of 1996 (HIPAA) protects the privacy of individually identifiable, protected health information. This law allows for the exchange of this information between the Department and the Contractor for the purpose of billing and payment which allows the Contractor to provide the required back- up documentation regarding the Department offender's health information and treatment activities for support of payment purposes (See CFR 45 § 164.506). HIPPA also clarifies the standard for use and disclosure for correctional instih:uious and other law enforcement custodial situations in. CFR 45 §164.512. of Washington. ttment of Correc$ons Kt7.824 Attachment:& Offender Huusing Invoke (Month) 2015 Total Amount ($00.00) Duly Bed Day Rate: $65.00 (County/City/Tribal) jail (Street Address) (Address) (Phone number) Tail Bed.Reimbursenten Form TO; WA State .Department of Car lions Attn: Violator Desk PO Box 41149 npia, WA 98504 (3601. 725-8620 A,QCVia)utorkd1.4Utng4QDOCL:WA. Attaelu11en:i C Q. aor1re 'mob � 0.FS P2.. '�'- •x ma -a .�r ,5fdi��— Doe, Jane 123456 01/15/89 7/19/2015 7(21J2015 2 --r 5130.00 � Smith, Johnny 02/26/62 7/MJ20t5 7i20/2015 12 $780.00 County Boarder :Rer'lrnnge Days; Johnson, Doe 555555 10/31/92 08/01/15 08f01/75 -1 •,$65.00 TOTAL 13 $845.00 Mectcal nelmnursemetlt rorin 1lltb __._•--m� �' _ �' it�'Tfn �5'} 'oS 1II95t 1Ti Eimu BFPJ i�lUlmNl� � 9A4%UI"r, IDNpnr row a rmlly il'lllhxs .M!-'_ 3'�` ({iil ±H4 a � $ 1N _ 1 [@ $ 'itnU ?p�� Qce,Jw 12 36 I113195} E109015 4ibbsrutn11SIQTah _ 4pilh s 1pl363 $ 1'49 Smi1lyJMlmy Irlll? 4,6itt1?. 7d02116 SkJmyfiYBR0n1 }4,Ir _ SAe$Falrt Rages 2iAam ttundb 7ctiy. 4J.t 5-S4,4ga1 4 3�0W Jaques Doe .. SSSi6 14501205771151 - it4W1\gIW(;g�wl 11 al - $wuk Fgtig10l�at Small RYOe Gah+r 61C`.7?b U'u m smh Nidmh vcV 5 19tl 3 0)00) $ 43) State of 4Y6shington IC11824.. Page 1 of 1 Department of Corrections .Attachment' C 185362