Title
Health and Human Services Agency (HHSA) recommending the Board:
1) Make findings pursuant to Section 3.13.030 (B) of the El Dorado County Ordinance Chapter 3.13, Contracting Out, that the Certification Review Hearing services provided by California Hearing Officers, LLP (CHO) requires specialty skills and qualifications not expressly identified in County classifications which are involved in the performance of the work;
2) Approve and authorize the Chair to sign Agreement for Services 9689 with CHO, in the amount of $200,000, and for the retroactive term of October 1, 2025, through September 30, 2028;
3) Authorize the Purchasing Agent to execute further documents relating to Agreement 9689, contingent upon approval by County Counsel and Risk Management, including amendments which do not increase the maximum dollar amount or term of the Agreement; and
4) Authorize the HHSA Director, Chief Assistant Director, and Behavioral Health Director to execute programmatic, administrative, and fiscal documents relating to Agreement 9689.
FUNDING: 70% Federal Medi-Cal, 5% State Medi-Cal, 25% Realignment.
Body
DISCUSSION / BACKGROUND:
HHSA’s Behavioral Health Division provides for the operation of a 16-bed, 24-hour a day, Psychiatric Health Facility (PHF) to meet the needs of persons aged 18 years and older exhibiting acute psychiatric symptoms. Clients are referred to the PHF from a hospital emergency room setting after being medically cleared for services and meeting the California Welfare and Institution Code (WIC) Section 5150 requirements. The recovery-oriented treatment program is designed to stabilize the current crisis and assist the client’s return to a less restrictive setting, by providing a safe and secure environment to pursue wellness and recovery.
The Lanterman-Petris-Short Act (WIC Section 5000 et seq), which was signed into law in 1967 and went into full effect on July 1, 1972, regulates the involuntary civil commitment of persons to a mental health institution. WIC Section 5150 provides for detention for up to 72 hours for observation of persons who, as a result of a mental disorder, may be a danger to themselves or to others, or who may be gravely disabled. WIC Section 5250 et seq. provides a process whereby a person detained for 72 hours who has received an evaluation may be certified for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism under certain conditions. Pursuant to these regulations, upon the completion of a 14-day period of intensive treatment, the person may be certified for an additional period of not more than 30 days of intensive treatment under specific conditions.
When a person is certified for intensive treatment, WIC Section 5256 requires a certification review hearing be held within four days of the date on which the person is certified for intensive treatment. Regulations further requires that said certification review hearing be conducted by a court-appointed commissioner, a referee, or a certification review hearing officer and sets forth specific qualifications of this officer.
This proposed Agreement with CHO is a renewal of Agreement 6782 approved by the Board on September 27, 2022, to provide the same services (Legistar file 22-1405). HHSA recommends the Board approve this agreement to ensure continuation of necessary Certification Review Hearing services without any service interruption.
In accordance with Board Procurement Policy C-17, CHO is exempt from competitive bidding, with Purchasing Agent concurrence, per Section 3.5, which states that bidding is exempt because, “Legal services, regardless of amount, are exempt for competitive bidding.”
Due to unavoidable delays in the negotiations of this Agreement, the deadline to get this item on the Board agenda before the start date of the term was missed, and as these services are mandatory, HHSA did not want to risk a gap in services making a retroactive start date the best option.
ALTERNATIVES:
Should the Board decline to approve this recommendation, HHSA would be unable to comply with WIC Section 5256.
PRIOR BOARD ACTION:
1) 09/17/19, 19-1082, HHSA 4161 California Hearing Officers, LLP
2) 09/27/22, 22-1405, HHSA 6782 California Hearing Officers, LLP
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
County Counsel, Human Resources, and Risk Management. Auditor Controller was notified in accordance with Policy B-12. County Counsel, Public Defender, & Mental Health Director have unanimously approved each Certification Review Hearing Officer (CRHO) listed on Exhibit A to the Agreement.
CAO RECOMMENDATION:
Approve as recommended.
FINANCIAL IMPACT:
This Agreement for Services is a renewal of a prior year agreement and continues to be funded with Federal Medi-Cal, State Medi-Cal and Realignment funding. Sufficient appropriations were included in the Fiscal Year 2025-26 Budget and will be included in future budgets for the term of the Agreement.
CLERK OF THE BOARD FOLLOW UP ACTIONS:
Clerk of the Board to obtain signature of Chair on original Agreement for Services 9689.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT:
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency