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EXHIBIT 10.2
GEORGIA DEPARTMENT OF CORRECTIONS
LEGAL SERVICES OFFICE
[STATE OF GEORGIA LOGO]
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT is entered into the 29 day of August, 1997, by and
between the GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia
(hereinafter referred to as the "Department"), and MHM CORRECTIONAL SERVICES,
INC., duly authorized by law to transact business in the State of Georgia (the
"Contractor").
WHEREAS, the Department desires to engage Contractor to provide certain
services as more fully described below, and Contractor desires to provide such
services in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of these premises and the mutual
promises and agreements hereinafter set forth, the parties hereby agree as
follows:
1. Scope of Services. The Contractor agrees to perform fully and
faithfully the services described in the Request for Proposals prepared by the
Department and the corresponding Proposal submitted by the Contractor, together
forming Exhibit "A," attached hereto and incorporated by reference herein (the
"Services"), in accordance with standards applicable to similar professionals
practicing in the geographic locality that Services are to be performed. In the
event of any conflict in the interpretation of the Services arising between the
terms and conditions of the Request for Proposals and those of the Proposal,
then the former document shall govern. No additional or different services shall
be performed unless provided for by an amendment to this Agreement, executed by
the parties in the manner provided for herein. No provision of this Agreement
shall be construed to prohibit Contractor from offering similar or different
services to the public, including other State agencies.
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2. Independent Contractor. In the performance of the Services, and for
all tax, liability and insurance purposes, Contractor shall at all times be an
independent contractor and not an agent, representative or employee of the
Department. Contractor may perform Services through employees or subcontractors,
provided in each case that the individuals actually providing the Services shall
meet all applicable criteria set out at Exhibit "A," as reasonably determined by
the Department, provided further that Contractor shall at all times remain
responsible for performance of Services hereunder. Contractor shall determine
the means and manner of performance of Services to be rendered, and Contractor
shall not hold itself out to be an employee or agent of the Department or use
the name of the Department in its business (except to describe its role under
this Agreement).
3. Compensation. The Department agrees to pay Contractor a sum not to
exceed $6,321,918.20 ( Six Million Three Hundred Twenty-One Thousand Nine
Hundred Eighteen Dollars and Twenty Cents) for the full and faithful performance
of Services during the Term hereof, said sum being payable in monthly
installments in advance, upon receipt of Contractor's monthly invoice in
approved form on or before the 15th of each month (commencing with a September
invoice for October's Services). The Department shall endeavor to pay approved
invoices within 30 days of receipt; however, no interest shall accrue on
past-due amounts.
Actual payments to the Contractor shall be made on the basis of the
capitated rate of $19.03 (Nineteen Dollars and Three Cents) per inmate, per
month, for the Term hereof. In the event that the Department elects to renew
this Agreement for one or more additional terms, then the foregoing capitated
rate shall be increased as follows:
July 1, 1998 - June 30, 1999 $19.32 per inmate per month
July 1, 1999 - June 30, 2000 $19.79 per inmate per month
July 1, 2000 - June 30, 2001 $20.58 per inmate per month
July 1, 2001 - June 30, 2002 $21.40 per inmate per month
The parties acknowledge and agree that a reasonable estimate of the
average daily inmate census for purposes of calculating each month's payment is
36,912 inmates, provided that the initial payment and each monthly payment
thereafter shall be subject to adjustment by the actual average daily inmate
census for the preceding month, itemized separately as a debit or credit on a
subsequent invoice. Commencing with the month of November, 1997, and for each
succeeding month, the Department agrees to submit to the Contractor on or before
the l0th day of each month, the average daily inmate census for the preceding
month.
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4. Medication Costs. The Contractor agrees to pay the Department for
the costs of psychotropic medications prescribed by Contractor's physicians in
accordance with the provisions of this paragraph. The Department shall invoice
the Contractor for psychotropic medication inventory on hand as of October 1,
1997, which inventory shall be available to Contractor for prescription purposes
on and after that date. Thereafter, but not more frequently than monthly, the
Department shall invoice the Contractor for supplies of psychotropic medications
purchased to replenish inventory on hand, provided that the Department shall
submit reasonable documentation as required by the Contractor from time to time.
The Contractor shall endeavor to pay appropriately documented invoices within
thirty days of receipt. The Department agrees to repurchase psychotropic
medication inventory upon any termination of this Agreement, including any
extension hereof. The Department's check for the full amount of the cost of said
inventory existing as of the termination date shall be submitted to the
Contractor within sixty days of termination.
Contractor may propose reasonable alternatives for purchasing,
packaging and distribution of psychotropic medications, and Contractor shall use
best efforts to arrange for such alternatives to be made available to the
Department's other medical services providers. Any savings resulting from use of
such alternative sources shall benefit the Contractor and the Department
equally.
5. Pledges of Credit. Contractor acknowledges that the State of Georgia
may not lawfully pledge its credit so as to cause a State agency to incur a
financial obligation unless funds to honor the obligation have been lawfully
appropriated. In the event that the source of any payment by the Department as
provided for herein is insufficient, in the sole discretion of the Department,
then this Agreement shall terminate without further obligation of the
Department.
6. Expenses. The Department shall not be liable for and shall not
reimburse the Contractor for any travel or other expenses incurred by the
Contractor except as required and approved in advance by the Department in
writing. Any request for reimbursement shall be submitted in accordance with
fiscal guidelines established by the Department.
7. Term of Agreement. This Agreement shall be effective as of October
1, 1997, and shall continue in force and effect until June 30, 1998, unless such
period is extended by mutual agreement of the parties in writing. The Department
shall have the right to terminate this Agreement at any time for its
convenience, with 30 days' prior written notice to the Contractor. Contractor
agrees that no agreement shall be effective to prohibit the Department from, or
in any manner impairing the Department's ability with respect to, engaging the
services of any employees, agents or subcontractors of Contractor in the event
of any termination of this Agreement.
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8. Compliance with Laws. The Contractor agrees to perform Services in
accordance with the terms and conditions of this Agreement and in compliance
with all laws, rules, regulations and orders of federal, State and local
governments, including orders of any court of competent jurisdiction. Without
limitation to the generality of the foregoing, Contractor agrees to comply with
any special conditions, undertakings or representations attached hereto, all of
which form a part hereof.
9. Screening. Contractor acknowledges and agrees that Contractor,
including employees and subcontractors of Contractor, shall be subject to
customary background investigations conducted by duly authorized agents of the
State, and, while on the premises of any GDC facility, Contractor and
Contractor's personnel shall be subject to, and agree to comply with, reasonable
rules pertaining or related to safety and security, including spoken directives
of GDC facility staff.
10. Licenses, Certifications and Insurance. Contractor agrees to
maintain for the duration of this Agreement all licenses, certifications and
permits applicable to Services. Contractor further agrees to maintain insurance
during the term of this Agreement in amounts and of types reasonably protective
of the respective interests of the parties, and in any event, in amounts and of
types as follows:
a) Workers' compensation insurance in amounts established by
State law;
b) Comprehensive general liability insurance on an occurrence
basis, broad form, in the amount of $1,000,000.00 per
occurrence/$3,000,000.00 aggregate;
c) Auto liability insurance covering owned and nonowned vehicles
in the amount of $1,000,000.00 per occurrence/$2,000,000.00
aggregate;
d) Professional liability insurance in the amount of
$1,000,000.00 per occurrence/ $1,000,000.00 aggregate.
The foregoing policies shall be obtained from insurance companies licensed to do
business in the State of Georgia and shall contain a provision that coverages
afforded under the policies will not be canceled or amended without 30 days'
prior written notice. All policies shall be specifically endorsed to provide for
a waiver of the insurance carrier's rights to subrogation against the
Department. Evidence of insurance, in the form of an insurance certificate
naming the Department as a certificate holder, will be required of Contractor
prior to the commencement of Services.
11. Shop Right. Contractor agrees that any processes, equipment,
proprietary know-how or other proprietary information or matters that are
produced or result, directly or
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indirectly, from or in connection with Contractor's performance of the Services
shall be the property of the Department, and Contractor further agrees to
execute any and all documents, or take additional actions which may be necessary
in the future to give full effect to this provision.
12. Cooperation. Contractor, its employees, agents, subcontractors and
assigns, agree to cooperate fully in the defense of any litigation brought
against the Department or Contractor relating to Services to be performed under
this Agreement, and each party shall give the other prompt notice of any claim,
demand, suit or proceeding.
13. Taxes. Contractor shall be solely responsible for the payment, in a
timely manner, of all federal, State and local taxes, fees or assessments of any
type. Contractor further agrees to indemnify the Department from any loss, cost,
claim, damage or expense arising therefrom.
14. Entire Agreement. This Agreement constitutes the entire agreement
and understanding between the parties hereto and replaces, cancels and
supersedes any prior agreements and understandings relating to the subject
matter hereof; and all prior representations, agreements, and undertakings
between the parties hereto with respect to the subject matter hereof are merged
herein.
15. Amendment. The parties recognize and agree that it may be necessary
or convenient for the parties to amend this Agreement so as to provide for the
orderly implementation of all of the undertakings described herein, and the
parties agree to cooperate fully in connection with such amendments if and as
necessary. However, no change, modification or amendment to this Agreement shall
be effective unless the same is reduced to writing and signed by the parties
hereto.
In the event that there shall be changes in the scope of services,
governmental policies or regulations, the drug formulary governing psychotropic
medications that may be utilized in providing the Services, or other
circumstances, then either party may submit a written request to renegotiate any
of the terms hereof, including but not limited to terms respecting payments to
be made hereunder. However, no request for renegotiation of the Agreement shall
be submitted (a) if at the time this Agreement was executed, the party
submitting the request had actual knowledge of the facts on which the request
would be based, and (b) unless the basis for the request has a substantial and
material financial impact on the party submitting the request. If within thirty
days of receipt of the request, the parties are unable in good faith to
negotiate a satisfactory modification hereto, the party submitting the request
may terminate this Agreement by giving the other sixty days' notice thereof.
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16. Notices. Any notice under this Agreement shall be deemed duly given
if delivered by hand (against receipt) or if sent by registered or certified
mail -- return receipt requested, to a party hereto at the address set forth
below or to such other address as the parties may designate by notice from time
to time in accordance with this Agreement.
If to the Contractor: MHM Correctional Services, Inc.
0000 Xxxxxx Xxxxxxxx Xxxxx
Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
If to the Department: Commissioner of Corrections
Georgia Department of Corrections
Room 852, East Tower
Xxxxx Memorial Building
Two Xxxxxx Xxxxxx Xxxx, Xx., Drive
Xxxxxxx, Xxxxxxx 00000
17. Headings. The headings in this Agreement have been inserted for
convenience only and shall not affect or control the meaning or construction of
any of the provisions of this Agreement.
18. Survival. The terms, conditions, representations, obligations,
understandings and undertakings herein shall survive any termination of this
Agreement.
19. Governing Law. This Agreement is executed in the State of Georgia,
and all matters pertaining to the validity, construction, interpretation and
effect of this Agreement shall be governed by the laws of the State of Georgia.
20. Remedies. No remedies or rights herein conferred upon the parties
are intended to be exclusive of any remedy or right provided by law, but each
shall be cumulative and shall be in addition to every other remedy or right
given hereunder or now or hereafter existing at law or in equity (including the
right of specific performance).
21. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be an original but all of which shall
constitute one agreement. No party shall be bound by this Agreement until all
parties have executed it.
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IN WITNESS WHEREOF, the parties have caused the authorized
representatives of each to execute this Agreement on the day and year first
above written.
GEORGIA DEPARTMENT OF CONTRACTOR:
CORRECTIONS:
By: [SIG] By: [SIG]
----------------------------- --------------------------
Witness: [SIG] Witness: [SIG]
------------------------- -------------------
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GEORGIA DEPARTMENT OF CORRECTIONS
LEGAL OFFICE
[STATE CREST LOGO]
EIGHTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is entered into this 30th day of June, 2000, by and
between the GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of
Georgia (the "Department"), and MHM CORRECTIONAL SERVICES, INC., duly
authorized by law to transact business in the State of Georgia ("MHM").
WITNESSETH:
WHEREAS, the Department and MHM entered into that certain professional
services agreement of August 29, 1997, amended subsequently by further
agreements of the parties (collectively referred to as the "Agreement"); and
WHEREAS, the parties desire to further amend the Agreement as
provided below.
NOW, THEREFORE, in consideration of these premises and the mutual
promises and agreements hereinafter set forth, the parties hereby agree as
follows:
Article I - Contract Extension
The parties mutually agree to extend the effectiveness of their
Agreement for a further one-year period, effective July 1, 2000 through June 30,
2001.
Article 2 - Temporary Dental Services
1. MHM will recruit, interview, and make available to the
Department a sufficient number of qualified and licensed dentists for purposes
of providing temporary dental care and services to the Department's inmate
population on an as needed basis.
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Dentists to be provided by MHM will be made available to fill in for state
temporary dental vacancies related to vacations, illnesses, resignation
or termination from employment, and similar occurrences.
2. The number of dentists and the correctional facilities at
which they are to provide services is to be determined and designated by the
Department. All dental care and services to be provided to the Department's
inmate population under this Amendment shall be in accordance with standards
applicable to similar professionals practicing in the geographic locality that
the dental care and services are to be provided. MHM and the dentists are
required to adhere to all of the Department's Standard Operating Procedures
("SOP's") governing the provision of dental care and services. No additional or
different services shall be performed unless provided for by further amendment
to the Agreement, executed by the parties in the manner provided for in the
Agreement. No provision of the Agreement or this Amendment shall be construed to
prohibit MHM from offering similar or different services to the public,
including other State agencies.
3. MHM shall provide the Department with the names and curriculum
vitae of all dentists that MHM is considering for purposes of this Amendment.
The Department shall review the qualifications of all prospective dentists in
any manner deemed appropriate by the Department, including criminal background
checks. The Department will notify MHM in writing whether the Department deems
each prospective dentist as an acceptable candidate for providing dental care
and services in a correctional facility. The Department reserves the right to
prevent any dentist it deems unacceptable for providing dental care and services
to the inmate population from entering any Department facility.
4. For purposes of ensuring the availability of dentists, MHM
will develop and maintain a "PRN Pool" of qualified dentists for temporary
assignment to the Department. If MHM assigns temporary dentists from any full
time dentists at existing Department facilities, MHM will clearly reflect this
fact on its invoices by clearly indicating the number of hours worked by the
dentist in a temporary and full time capacity.
5. MHM will strive to fill temporary dental service assignments
within seven days of receipt of the Department's request for temporary dental
services. If MHM is unable to fill the assignment within seven days of receiving
the Department's request it shall immediately notify the Department of that
fact and provide the Department with an estimate of when the temporary vacancy
will be filled.
6. The Department will provide each dentist provided by MHM for
purposes of this Amendment with an orientation of the Department's SOP's
governing the provision of
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dental care and services in Department facilities and any other SOP's the
Department deems necessary including, but not limited to, security related
SOP's.
7. The performance of the dentists provided by MHM for purposes
of this Amendment will be monitored by appropriate Department personnel for
purposes of ensuring that quality dental care and services are being provided to
the inmate population in accordance with all applicable SOP's.
8. MHM agrees to require that all dentists provided pursuant to
this Amendment shall maintain for the duration of this Amendment all licenses,
certifications and permits applicable and required for the provision of dental
care and services. MHM further agrees to ensure that insurance is maintained
during the term of this Amendment in amounts and types reasonably protective of
the respective interests of the parties, and in any event, in amounts and of
types as follows:
a.) Workers' compensation insurance in amounts
established by State law covering any dentists who
may be hired as employees by Contractor;
b.) Comprehensive general liability insurance on an
occurrence basis, broad form, in the amount of
$1,000,000.00 per occurrence and $3,000,000.00
aggregate;
c.) Professional liability insurance in the amount of
$1,000,000.00 per occurrence and $1,000,000.00
aggregate.
The foregoing policies shall be obtained from insurance companies
licensed to do business in the State of Georgia and shall contain a provision
that coverages afforded under the policies will not be canceled or amended
without 30 days prior written notice to the Department. All policies shall be
specifically endorsed to provide for a waiver of the insurance carrier's rights
to subrogation against the Department. Evidence of insurance, in the form of an
insurance certificate naming the Department as a certificate holder, will be
required of MHM prior to the commencement of the services contemplated by this
Amendment.
9. The Department agrees to pay MHM for the actual hours worked
by each dentist at an hourly rate of $75.00 with a minimum charge of six hours
per assignment. Payments shall be made in monthly installments upon receipt of
MHM's monthly invoice in
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approved form on or before the 15th of each month. At a minimum, MHM's invoices
for services provided shall specify the site at which the services were
performed and will include supporting documentation detailing the actual hours
provided, and the aforementioned hourly rate for each dentist. The Department
shall endeavor to pay approved invoices within 30 days of receipt; however, no
interest shall accrue on past-due amounts.
10. MHM agrees to begin providing temporary dental staffing for
the Department as of July 1, 2000.
Article III - Mental Health Counselors
1. MHM agrees to provide the Department with three licensed
Mental Health Counselors at the Georgia State Prison and one Mental Health
Counselor at Xxxxxxxxx Probation Detention Center. MHM agrees to provide the
Department additional licensed Mental Health Counselor's at additional
facilities upon written request of the Department at the rates specified in
Exhibit A that is attached hereto. At a minimum, MHM's invoices for services
provided shall specify the site at which the services were performed and will
include supporting documentation detailing the actual hours provided, and the
agreed upon hourly rate for each Mental Health Counselor. The Department shall
endeavor to pay approved invoices within 30 days of receipt; however, no
interest shall accrue on past-due amounts.
2. For purposes of this Amendment, MHM will recruit and retain
only licensed individuals from the following professional disciplines as defined
by the office of the Georgia Secretary of State:
a. Professional Counselors
b. Associate Professional Counselors
c. Licensed Masters Social Workers
d. Licensed Masters Clinical Social Workers
e. Marriage and Family Therapists
3. For purposes of this Amendment, licensed individuals shall
mean individuals who possess a current active Georgia license that is issued by
the office of the Georgia Secretary of State in at least one of the professional
disciplines listed in the foregoing paragraph.
4. Any persons retained by MHM as part of this article of this
Amendment possessing licensure as an Associate Professional Counselor or Masters
Level Social Worker will be required to actively pursue licensure at the higher
lever as a Professional Counselor or Clinical Social Worker, respectively.
Accordingly, MHM shall ensure that these individuals will be required to undergo
active and direct supervision as set forth by the office of the Georgia
Secretary of State in order to obtain eligibility to sit for the examination for
licensure at the next
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highest level. MHM will provide for the direct supervision of these individuals
as required for licensure. In addition, MHM will ensure the documentation of
required supervision is maintained on-site at each facility and made readily
available to the Department upon request.
5. All mental health counseling services to be provided to the
Department's inmate population under this Amendment shall be in accordance with
standards applicable to similar professionals practicing in the geographic
locality that the mental health counseling services are to be provided. MHM and
mental health counselors are required to adhere to all of the Department's
Standard Operating Procedures ("SOP's") governing the provision of mental health
counseling services. No additional or different services shall be performed
unless provided for by further amendment to the Agreement, executed by the
parties in the manner provided for in the Agreement. No provision of the
Agreement or this Amendment shall be construed to prohibit MHM from offering
similar or different services to the public, including other State agencies.
6. The Department will provide each Mental Health Counselor
provided by MHM for purposes of this Amendment with an orientation of the
Department's SOP's governing the provision of mental health counseling services
in Department facilities and any other SOP's the Department deems necessary
including, but not limited to, security related SOP's.
7. The performance of the mental health counselors provided by
MHM for purposes of this Amendment will be monitored by appropriate Department
personnel for purposes of ensuring that quality mental health counseling
services are being provided to the inmate population in accordance with all
applicable SOP's.
8. MHM shall provide the Department with the names, credentials,
and curriculum vitae of all Mental Health Counselors that MHM is considering for
purposes of this Amendment. The Department shall review the qualifications of
all prospective Mental Health Counselors in any manner deemed appropriate by the
Department, including criminal background checks. The Department will notify MHM
in writing whether the Department deems each prospective Mental Health Counselor
as an acceptable candidate for providing mental health counseling services in a
correctional facility. The Department reserves the right to prevent any Mental
Health Counselor it deems unacceptable for providing mental health counseling
services to the inmate population from entering any Department facility.
9. All Mental Health Counselors provided by MHM pursuant to this
Amendment shall adhere to the Code of Ethics as set for by the office of the
Georgia Secretary of State.
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10. MHM agrees to require that all Mental Health Counselors
provided pursuant to this Amendment shall maintain for the duration of this
Amendment all licenses, certifications and permits applicable and required for
the provision of counseling services they are providing pursuant to this
Agreement.
11. MHM agrees to begin providing Mental Health Counselors at the
facilities noted above for the Department as of July 1, 2000.
Article IV - Utilization Management Program
1. MHM agrees to establish and operate within the Department a
Behavioral Health Service Utilization Management Program ("UM Program"). The UM
Program shall be designed to coordinate and make the best use of crisis
stabilization units ("CSU") operated by the Department in all regions, reduce
transportation and overtime costs for security personnel and to reduce the
Department's exposure to liability.
2. The general function of the UM program will be to centralize
under one entity the utilization management of designated behavioral health beds
(i.e. CSU's) and to perform certain continued stay and/or discharge screening
procedures.
3. MHM shall establish in its Atlanta regional office a Control
Room for the purpose of receiving, displaying, and storing utilization data from
the Department's facilities. The Control Room shall be equipped with a
designated fax machine, desktop computers with internet access and e-mail
capabilities, a filing system, wall-mounted site map identifying all Department
facilities, and telephones with voice mail capability.
4. MHM agrees to staff the UM Program with one Registered Nurse
with training and experience in behavioral health utilization management, one
part-time psychiatrist to oversee the clinical aspects of the program and review
the status of active cases on a daily basis, and one clerical support position.
MHM further agrees that the UM Program will be supported by MHM's Vice President
for Clinical Standards and Director of Quality Assurance
5. The UM Program will perform the following service utilization
review and management functions on a routine basis:
a. Monitoring of census information for each covered bed
each day. To facilitate this function the Department
agrees to require its facilities to fax, call or
e-mail census information on a daily basis by 9:00
a.m.
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The census information to be provided by the Department
facilities shall include the inmate's "EF number," admission
date, primary diagnosis, discharge criteria and expected
length of stay;
b. Seven day advance census forecasts for each facility to be
calculated by 10:00 a.m. each day;
c. New admission reviews to consist of rapid review and to
include a determination as to the appropriateness and
necessity of new admissions;
d. Continued stay reviews to be performed on a daily basis for
CSU's;
e. Monitoring of high-risk inmates. MHM shall maintain a list of
inmates at high-risk for admission. MHM shall also routinely
and actively follow-up on the status of high-risk inmates
outside of the acute care setting. High-risk inmates are those
with two or more CSU admissions in a six month period, and
those recently discharged form the CSU with a moderate, or
less than moderate, prognosis for successful functioning
outside the CSU; and
f. Mobilization of the UM team to review current status of all
CSU inmates who are within 48 hours of the end of their
expected length of stay when the CSU census in one or more
regions exceeds 80% occupancy.
6. MHM will staff the Control Room during regular business hours (8:00
a.m. to 5:00 p.m.) Monday through Friday. The Control Center staffshall perform
the following functions during regular business hours:
a. Monitor CSU census at all times;
b. On a daily basis, the UM Program psychiatrist will review
the status of each CSU patient and take any necessary
follow-up action related to appropriateness and necessity of
the admission, reviewing the treatment plan, and making
treatment or discharge recommendations;
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c. A daily status report showing the current census of
each CSU with 7- day projections will be developed
and circulated each morning to the Department's
central office Director of Mental Health or the
Director's designee;
d. Throughout the day, the UM Program nurse will make
contact with CSU staff to gather information
regarding the status of CSU inmates, review new
admissions, and perform continued stay audits; and
e. The UM Program nurse shall also monitor census levels
at each CSU and issue high census alerts to the
Department's central office Director of Mental Health
or the Director's designee, when a CSU approaches
capacity.
7. During off-hours, MHM shall assign an on-call person to handle
Department requests for bed availability or new admission information. Requests
from Department staff during off-hours for bed availability and new admission
information shall be placed to the Control Center voice-mail system. The Control
Center voice-mail system will then forward the voice-mail request to the
appropriate on-call person who will have knowledge of the current bed
availability of each CSU. The on-call person will then respond to the request by
directing the caller to admit the inmate to the nearest available CSU bed. In
low census periods, the Control Center's voice-mail system may inform Department
staff who call the system that beds are available at all CSU's and direct the
caller to proceed with the transfer of the inmate.
8. The Department shall pay MHM a monthly program management fee for
the UM Program. Each month's fee shall be in the amount of $16,640.00.
9. MHM shall provide the Department with weekly and monthly reports
on utilization of bed space to include the numbers and sources of referrals,
bedspace occupancy, length of stay, trends in utilization and other information
deemed to be relevant by the Department.
10. It is understood that MHM's role as to appropriateness and
necessity of admission, length of stay, and similar utilization issues shall be
advisory only with decision making remaining with the clinician responsible for
the inmate's mental health treatment. In this respect, MHM UM Clinicians will
work with both MHM and Department providers in the field to ensure the most
efficient use of CSU beds.
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11. MHM agrees to begin providing the UM Program as described above
for the Department as of July 1, 2000.
Article V - Miscellaneous Provisions
1. Except as amended hereby, the parties ratify and confirm the
effectiveness of the terms and conditions of their original Agreement, as
amended.
2. This Amendment shall be coterminous with the original agreement,
as amended with the understanding that the Department may terminate this
Amendment when and if the Department determines it is within its best interests
to do so. The Department will provide MHM with 30 days notice of its intent to
terminate this Amendment.
3. This Amendment may be executed in multiple counterparts, each of
which shall be an original but all of which shall constitute one agreement. No
party shall be bound by this Amendment until each party has executed it.
IN WITNESS WHEREOF, the parties have caused their authorized
representatives to execute this Amendment on the day and year first above
written.
GEORGIA DEPARTMENT OF MHM CORRECTIONAL SERVICES INC:
CORRECTIONS
BY: [SIG] BY: [SIG]
-------------------------------- ------------------------
Commissioner or His Designee
Witness: [SIG] Witness: [SIG]
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