HomeMy WebLinkAboutC22-050 Eagle Valley Behavioral Health_EAP_First AmendmentFIRST AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
EAGLE VALLEY MENTAL HEALTH
THIS FIRST AMENDMENT (“First Amendment”) is effective as of the 1st day of January,
2022 by and between Eagle Valley Mental Health d/b/a Eagle Valley Behavioral Health a
Colorado non-profit corporation (hereinafter “Consultant” or “Contractor”) and Eagle County,
Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County and Consultant entered into an agreement dated the 1st day of January 1st,
2021, for certain Services (the “Original Agreement”); and
WHEREAS, the Original Agreement contemplated that the Consultant would perform certain
Services with compensation in an amount not to exceed $100,000; and
WHEREAS, the County desires to have Consultant perform additional Services for additional
compensation as set forth below; and
WHEREAS, the term of the Original Agreement expires on the 31 day of December 2021, and
the parties desire to extend the term for an additional year.
FIRST AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
1. The Original Agreement shall be amended to include additional Services as described
in Exhibit A1, which is attached hereto and incorporated herein by reference.
2. Capitalized terms in this First Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the First
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this First Amendment shall govern and control
the rights and obligations of the parties.
3. The term of the Original Agreement is hereby extended to the 31 day of December,
2022.
4. Except as expressly altered, modified and changed in this First Amendment, all terms
and provisions of the Original Agreement shall remain in full force and effect, and are
hereby ratified and confirmed in all respects as of the date hereof.
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Eagle County Amend Term Scope Comp Final 5/14
5. This First Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONSULTANT
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
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Chris Lindley
Chief Population Health Officer
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Exhibit A1
I. DEFINITIONS
1."Covered Person" - any individual who, pursuant to this Agreement, is eligible for
EAP benefits as a Subscriber or Dependent.
2. "Dependent" - any person who is qualified as a Subscriber’s dependent for federal
income tax purposes.
3."Behavioral Health Employee Assistance Program" or "EAP" - the program offered
by County to Covered Persons, and administratively managed by Consultant, for the assessment
and referral of Covered Persons, including short-term telephonic counseling.
4."Intake System" – an online database used by Covered Persons to access EAP
services pursuant to this Agreement.
5."Usage Fee" - the amount to be paid to Consultant by County as set forth in the
Agreement.
6."Participating Provider" - a professional behavioral health provider contracting with
Consultant or its affiliates who furnishes EAP services to Covered Persons.
7."Plan" - the County's general health benefits plan established for its employees.
8."Session" - any (a) in-person or telephonic consultation with a Covered Person in
connection with the Covered Person's, mental health, alcohol or substance abuse problems, or
(b) in-person consultation with a Covered Person after referral.
9."Subscriber" - an individual who is an active employee of County and for whom a fee is
paid by County to Consultant.
II. DUTIES OF CONSULTANT
1.Intake System. An online database will be available to Covered Persons, and maintained
by Consultant, to obtain information regarding the scope of and the procedures for
obtaining access to services and programs provided pursuant to this Agreement.
2.Participating Provider Network. Consultant shall maintain access to a network of
Participating Providers, to provide counseling services to Covered Persons pursuant to
this Agreement. Consultant will require that all Participating Providers are appropriately
licensed, registered, and insured prior to entering into a contract with the Participating
Provider.
3.Employee Assistance Program. Consultant shall arrange for and administratively manage
the following services on behalf of County’s EAP:
a.Conduct orientation and training seminars for County's managers, supervisors, and
Covered Persons relating to the scope and nature of the EAP services as set forth
below.
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b.Consultant will provide navigation services to connect Covered Persons to a
Participating Provider in the community. This service is voluntary, and Covered
Persons will be provided with information to give them a choice on how to either
self-select from a list of Participating Providers based on credentials and specialty, or
to contact a Consultant navigator to receive navigation services in person or over the
phone.
c.Participating Providers may provide a maximum of six (6) counseling sessions per
incident per Covered Person per benefit period. In providing such services,
Consultant shall assist and refer Covered Persons to obtain the appropriate care
aimed at restoring their ability to perform their job duties at an acceptable level and
to provide general assistance in connection with substance abuse or behavioral health
problems. However, in no way shall Consultant provide healthcare services, as that
professional skill is delivered through appropriately licensed Participating Providers.
d.Consultant shall design, recommend, produce, and provide materials and/or other
information to County to publicize the EAP program to the County's Covered
Persons.
e.At the conclusion of EAP services, the Covered Person will be requested to complete
a “County Satisfaction Questionnaire."
f.Provision of crisis and emergency support for employees and dependents, including
in person critical incident debriefing, when specifically requested. Any training or
outreach support provided does not count toward the training and outreach services
listed in item g below.
g.Provision of a minimum of six (6) annual training and outreach events, provided in
both English and Spanish, and both virtually and in person, to educate the client’s
workforce on behavioral health topics and local resources.
4. Reports to County. Consultant shall provide the County with access to patient utilization
number, demographic data, individual provider data and number of visits associated with those
providers and high-level diagnosis data. Consultant shall provide monthly reports with the
total number of Covered Persons who received services in the prior month for the purpose of
payment to Participating Providers. No personally identifiable or clinical information will be
shared in any reported data. Consultant shall provide utilization reporting on a quarterly basis
with overall annual report following the end of each plan year. However, if County is a
Covered Entity, as defined under Health Insurance Portability and Accountability Act of 1996
(aka “HIPAA”), in performing services for EAP, CONSULTANT will use, maintain, create,
transmit or disclose protected health information, as defined under the and as such,
CONSULTANT and County will enter into a Business Associate Agreement, as provided in
Exhibit B to the Original Agreement.
III. DUTIES OF COUNTY
1.Dissemination of Information. County shall inform all its employees who are Covered Persons
of the services provided pursuant to this Agreement. County, as plan fiduciary, understands and
agrees that it shall be fully responsible for Plan compliance with all relevant provisions
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including, but not limited to, any disclosures required to be given to Covered Persons under
applicable Department of Labor regulations and/or other legal and regulatory requirements.
The County acknowledges that any designated Plan Administrator shall be responsible for Plan
compliance.
A.Costs of Ongoing Treatment. County shall inform all its employees, who are
Covered Persons, that the cost of any treatment not specifically provided pursuant to
this Agreement, shall be the sole responsibility of the Covered Person.
B. County shall inform all Covered Persons of any termination of this Agreement.
Consultant shall not have any obligation for claims submitted for dates of service
following termination of this Agreement. Any services authorized by Consultant but
incurred after termination of this Agreement are the responsibility of the Covered
Person.
Usage Fee
The following figures represent allowable reimbursement for services rendered by a Participating
Provider. These amounts are to be accepted as payment in full for covered services.
The fee schedule is based on the licensure of provider.
SERVICES MASTER’S LEVEL PSYCHOLOGISTS PSYCHIATRISTS
45-50 min session $100 $130 $160
The Consultant shall send invoices to the County on a monthly basis to cover the costs of all sessions
provided by Participating Providers to Covered Persons during the previous month. The County will
cover the full costs of these sessions based on the rates pre-negotiated between the Consultant and
Participating Provider (the “Usage Fees”). The monthly Usage Fees shall be due and payable on or before
the first day of each month after submission of the invoice.
Services
Mountain Strong provides recommendations to therapy options within the Behavioral Health Employee
Assistance Program (“EAP”) network. All Participating Providers are required to provide individual
sessions at a minimum of 45 minutes in length to be held face-to-face in the Participating Provider’s
professional office or via approved teletherapy modalities/platforms, and conducted in accordance with
the professional and ethical standards of their respective profession. It is the Participating Provider’s
responsibility to explain its role as a Participating Provider to the Covered Person as well as the expected
outcome. The Covered Person should be informed that its conversations with the Participating Provider
are confidential and no identifying information regarding its treatment will be released to County.
Administrative Fees
The fee for program administration is $50 per employee per year based on 500 eligible employees not to
exceed an annual administrative fee of $25,000. The County will be invoiced $2,083.33 on a monthly
basis. The monthly administrative fee shall be due and payable on or before the first day of each month
after each submission of the invoice.
Failure to pay
If payment for the monthly Usage Fees or Administrative Fees is not received by the Consultant as set
forth above, the Consultant may send a Written Notice of Termination effective on the last day of the
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month for which full payments were received. The County may automatically reinstate the Agreement by
remitting payment, within fifteen (15) days of the date of Written Notice of Termination, all outstanding
invoiced Usage Fees and/or Administrative Fees to Consultant.
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