Approve MOU funding agreement with Great Rivers Behavioral Health Administrative Services Organization, LLC (Great Rivers) and Lewis County Superior Court for civil commitment cases BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-027
APPROVE A MEMORANDUM OF UNDERSTANDING
(MOU) FUNDING AGREEMENT BETWEEN GREAT
RIVERS BEHAVIORAL HEALTH ADMINISTRATIVE
SERVICES ORGANIZATION, LLC (GREAT RIVERS)
AND LEWIS COUNTY SUPERIOR COURT FOR CIVIL
COMMITMENT CASES
WHEREAS, this Agreement is entered into pursuant to the provisions of the
Interlocal Cooperation Act, Chapter 39.34 RCW; and
WHEREAS, the purpose of this agreement is to facilitate Great Rivers in making
reimbursements to Lewis County Superior Court for direct costs associated with
civil commitment cases (for both Mental Health and S.U.D. civil commitment
proceedings) pursuant to RCW 71.05.730; and
WHEREAS, the agreement shall continue in force until Dec. 31, 2022. The parties
shall annually renew this agreement thereafter, adjusting its terms based on the
Lewis County's Superior Court's three-year average direct costs related to civil
commitment cases; and
WHEREAS, the Superior Court has already consented to this Agreement with
authority, making it binding, but for ease of recordkeeping and avoidance of
doubt this Board is ratifying the Agreement.
NOW THEREFORE BE IT RESOLVED effective November 1, 2021, Great Rivers
shall reimburse Lewis County Superior Court for its direct costs related to civil
commitment cases at a rate of $1,339.00 per civil commitment case and other
provisions as outlined in the attached Agreement.
DONE IN OPEN SESSION this 1st day of February, 2022.
Page 1 of 2 Res. 22-027
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Lindsey R. Pollock, DVM
By: Eric Eisenberg, Lindsey R. Pollock, DVM, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: •'•°""'-`'•�` sf• Sean D. Swope
of • 'Stian D. Swope, Vice Chair
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1345
Rieva Lester '•."4 Top;,,• Absent
Rieva Lester, ' ' F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 22-027
DocuSign Envelope ID:CEB188CB-D778-40F9-B1C5-52E1AD1BCC5F
Great Rivers BH-ASO Memorandum of Understanding
This Memorandum of Understanding (MOU) is between Great Rivers Behavioral
Health Administrative Services Organization,LLC (Great Rivers) and the
organization identified below:
Lewis County Superior Court Effective: April 1, 2018
345 W Main St Chehalis, WA
98532
Telephone: (360) 740-1333
Memorandum Number: 20180014
Program Contact: Susie Palmateer
Fiscal Contact: Susie Palmateer
Great Rivers Contact: Trinidad I Medina
Fiscal Contact: Becky Meeks
Tax ID Number: 91-6001351
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed as of
the dates indicated below. The persons signing this MOU on behalf of the parties represent
that each has authority to execute the MOU on behalf of the party entering this MOU.
FOR GREAT RIVERS: FOR LEWIS COUNTY SUPERIOR COURT:
—DocoSGned Cy. 1
Trinidad I. Medina Susie Palmateer
Great Rivers ASO CED Superior Court Administrator
1/14/2022 - S- as
Date Date
THIS MOU is by and between GREAT RIVERS BEHAVIORAL HEALTH ADMINISTRATIVE
SERVICES ORGANIZATION, a public entity serving Cowlitz, Grays Harbor, Lewis, Pacific,
and Wahkiakum counties (hereinafter referred to as Great Rivers) , and LEWIS COUNTY
SUPERIOR COURT, a public entity and representative of Lewis County (hereinafter
referred to as Lewis County Superior Court), by and with the consent of the various other
elected officials whose services are attendant to the court proceedings contemplated herein
(the Prosecuting Attorney, the Clerk, and the Board of County Commissioners);
DocuSign Envelope ID.CEB188CB-D778-40F9-B1C5-52E1AD1BCC5F
NOW, THEREFORE,
IT IS MUTUALLY AGREED BY AND BETWEEN THE ABOVE PARTIES THAT:
1. Authority: This Agreement is entered into pursuant to the provisions of the
Interlocal Cooperation Act, Chapter 39.34 RCW.
2. Purpose: The purpose of this MOU is to facilitate Great Rivers in making
reimbursements to Lewis County Superior Court for direct costs associated
with civil commitment cases (for both Mental Health and S.U.D. civil
commitment proceedings) pursuant to RCW 71.05.730.
3. Consideration:
(a) Effective November 1, 2021, Great Rivers shall reimburse Lewis County
Superior Court for its direct costs related to civil commitment cases at a rate
of $1339.00 per civil commitment case.
(b) For purposes of this Agreement, "civil commitment case" includes all
judicial hearings related to a single episode of hospitalization or less
restrictive alternative treatment, except that the filing of a petition for a one
hundred eighty-day commitment or a petition for a successive one
hundred eighty-day commitment under chapter 71.05 RCW or 71.34 RCW
shall be considered to be a new case regardless of whether there has
been a break in detention. When a case has been filed and is set for a
hearing, but is resolved by agreed order in lieu of a hearing, the case shall
be reimbursable to the extent it would be if the hearing occurred.
(c) For purposes of this Agreement, "direct costs" to the Lewis County Superior
Court shall consist of clerk, court commissioner, court administration,
prosecution, and assigned counsel services related specifically to civil
commitment cases.
4. Documentation for ITA Court Cost expenses: Lewis County Superior
Court will provide Great Rivers with the following documentation for each
client listed on any submitted billing: to include at a minimum,
• Patient Name (Last Name, First Name, Middle Name)
• Date of Birth
• Gender
• Court Case Number
• Date of occurrence for the 120-hour (hold) hearing or the 14-day hearing,
or agreed civil commitment or LRA order in lieu of hearing if applicable
• Any county civil case documents that would support billing.
DocuSign'Envelope ID.CEB188CB-D778-40F9-B1C5-52E1AD1BCC5F
• Supporting documentation that Client was either capitated to Great Rivers
or other BHASO during the time of ITA and/or Proof of County of
Residence.
5. Payment: Great Rivers shall pay Lewis County Superior Court within thirty (30)
days of Great Rivers' receipt of an invoice billing from Lewis County Superior
Court, as long as each client is proven to be Great River's or a valid BH-ASO
client and it is for an allowable billable case, as defined in RCW 71.05.730. Great
Rivers additionally agrees to make a one-time payment of$179,703.00 to make
up for Lewis County's significant reimbursement shortfall in the period before this
contract amendment.
6. Reconciliation: Annually on or about the Fiscal Year End, the parties shall
reconcile the payments under this agreement with the Lewis County Superior
Court's actual direct costs incurred in the prior year. Great Rivers will, within 30
days, make payment sufficient to reimburse these actual direct costs incurred. If
payment has exceeded such costs, Great Rivers offset the next payment(s) by
the excess.
7. Termination: This agreement shall remain in effect until terminated by either
party by giving written notice to the other party at least thirty (30) days prior to the
date of termination.
8. Sharing Protected Health Information: The parties agree that information
shared under this agreement is shared for the purpose of coordination of
treatment and/or health care operations. The parties also agree not to use or
disclose protected health information other than as permitted or required by this
Agreement, HIPAA and the Health Information Technology for Economic and
Clinical Health Act (HITECH). The parties shall use and disclose protected health
information only if such use or disclosure, respectively, is in compliance with each
applicable requirement of 45 CFR § 164.504(e).
9. Mandatory Outcome Reporting: In compliance with RCW 71.05.740(2) (as
amended by Laws of 2021, Ch. 263 § 15), the clerk of the court shall share with
Great Rivers outcomes in all hearings under Chapter 71.05 RCW. The hearing
outcome data shall include, among other data, the name of the facility to which a
person has been committed.
10.Duration: The agreement shall continue in force until Dec. 31, 2022. The parties
shall annually renew this agreement thereafter, adjusting its terms based on the
Lewis County's Superior Court's three-year average direct costs related to civil
commitment cases. However, if the parties fail to renew this agreement through
means other than intentional termination, this agreement shall automatically
continue, month-to-month, upon the same terms.
j BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Feb. 1, 2022
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve a Memorandum of Understanding (MOU) funding agreement between Great Rivers
Behavioral Health Administrative Services Organization, LLC (Great Rivers) and Lewis County
Superior Court for civil commitment cases
Contact: Becky Butler Phone: 3607401198
Department: SC - Superior Court
Description:
Approve a Memorandum of Understanding (MOU) funding agreement between Great Rivers
Behavioral Health Administrative Services Organization, LLC (Great Rivers) and Lewis County
Superior Court for civil commitment cases
Approvals: Publication Requirements:
Publications:
User Status NA
Eric Eisenberg Pending
PA's Office Pending
Additional Copies: Cover Letter To:
Susie Palmateer, Eric Eisenberg, Jonathan
Meyer, Stacey Loflin and Grace Jimenez