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Consent-Law & Justice Services    # 34.
Board of Supervisors
Sheriff-Coroner/Public Administrator
Meeting Date:
01/09/2024
Brief Title
Early Access to Stabilization Services MOU
From:
Matthew Davis, Undersheriff, Sheriff's Office
Staff Contact:
Kimberly Hood, Chief Assistant, County Counsel, x8172
Supervisorial District Impact:
Countywide

Subject

Approve a Memorandum of Understanding (revenue agreement) with California Health and Recovery Solutions, P.C. (Wellpath) for provision of correction services to support the Early Access and Stabilization Services (EASS) program at the Jail, which provides for payment of $209,000 annually to the County for such services. (No general fund impact) (Lopez)

Recommended Action

Approve a Memorandum of Understanding (revenue agreement) with California Health and Recovery Solutions, P.C. (Wellpath) for provision of correction services to support the Early Access and Stabilization Services (EASS) program at the Jail, which provides for payment of $209,000 annually to the County for such correction services.

Strategic Plan Goal(s)

Safe Communities
County Mandated Service

Reason for Recommended Action/Background

The California Department of State Hospitals (DHS) entered into an agreement with California Health and Recovery Solutions, P.C. (CHRS) for the provision of Early Access and Stabilization Services (EASS) treatment services in correctional facilities located throughout the State of California pursuant to Welfare and Institutions Code section 4361.7. CHRS is a physician-owned entity managed by Wellpath LLC., the County's jail medical provider. The County currently has a contract with Wellpath for medical provider services for our adult and juvenile populations and for jail-based competency treatment (JBCT) program services. The EASS program is the entry level program for an inmate who is "incompetent to stand trial" (IST) under Penal Code section 1370 while awaiting admission into the JBCT program or a State Hospital.

Background
On July 13, 2022, the Board of Supervisors approved the JBCT program, which allows for restoration treatment services to be provided to certain felony IST patients to occur locally in the jail rather than in a State Hospital. The goal of the JBCT program is to alleviate the backlog that has occurred with the number of IST patients and streamline services in an effort to restore these IST inmates to competency more quickly. The County entered into agreements with the Department of State Hospitals (DSH) and California Forensic Medical Group (Wellpath) for the JBCT program. 

In 2022, the Legislature passed SB 184, an omnibus health trailer bill, that added Welfare and Institutions Code section 4361.7 regarding implementation of the EASS program to add an early treatment option while patients await admission into the JBCT program or a State Hospital. Section 4361.7 authorizes DSH to contract for medical, evaluation, and other services as necessary to facilitate early access to treatment for individuals in county jails who have been deemed IST on a felony charge. Pursuant to this authority, DSH and CHRS (Wellpath) entered into a contract for EASS program services in county jails. Section 4361.7 requires counties to allow DSH and any of its contractors reasonable access to county jail facilities and felony IST patients to provide EASS program treatment and services. 

DSH and CHRS entered into an agreement for EASS program services in jails statewide in March 2022, which is currently set to terminate on June 30, 2024, unless extended. However, the EASS program agreement with DSH and CHRS/Wellpath to compensate counties for the correctional staffing services to facilitate the EASS program. The maximum compensation allowed for small counties is up to $209,000 (with an inflationary adjustment) for 1.4 full time equivalents (FTEs). CHRS has entered into MOUs with counties, including Kings and Yuba Counties, for such EASS program services.  The proposed MOU for the Yolo County jail is attached (Attachment A), along with a copy of the DSH/CHRS agreement (Attachment B) for reference. The CHRS/Yolo County MOU provides for the maximum compensation allowed under the DSH agreement of $209,000 annually, to be paid in monthly payments of $17,416.77.  The effective date of the MOU is October 18, 2023, when CHRS commenced the EASS program at the Yolo jail.  As a result, the first monthly payment for October has been prorated to $7,547.22. The term of the MOU is commensurate with the DSH/CHRS agreement and will terminate if the EASS program terminates. 

Collaborations (including Board advisory groups and external partner agencies)

CHRS (Wellpath), County Counsel, HHSA

Competitive Bid Process/Vendor Performance

 N/A

Fiscal Impact

Fiscal impact (see budgetary detail below)

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    0
Amount budgeted for expenditure:
$    0
Additional expenditure authority needed:
$    0
On-going commitment (annual cost):
$    0

Source of Funds for this Expenditure

General Fund
$0

Further explanation as needed:

No general funds are required for this action. The services provided under the CHRS MOU will be funded by the $209,000 annual revenue provided for in the MOU.

Attachments

Form Review

Inbox Reviewed By Date
Kimberly Hood Kimberly Hood 11/29/2023 02:14 PM
Kimberly Hood Kimberly Hood 11/29/2023 02:14 PM
Matt Davis (Originator) Matt Davis 12/04/2023 11:54 AM
Tom Lopez Tom Lopez 12/04/2023 12:57 PM
Financial Services Laura Liddicoet 12/19/2023 08:30 AM
County Counsel Hope Welton 12/19/2023 10:11 AM
Kimberly Hood Kimberly Hood 12/19/2023 11:57 AM
Form Started By:
Matt Davis
Started On:
11/28/2023 02:04 PM
Final Approval Date:
12/20/2023