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HomeMy WebLinkAboutContract 42700CITY SECRETARYGb� CONTRACT N0, AGREEMENT FOR PROFESSIONAI. SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into by and between HORIZON BEHAVIORAL SERVICES, LLC ( "HBS "), a Delaware limited liability company, acting by and through its duly authorized Head of EAP, Hyong Un, and the City of Fort Worth ( "City" or "Employer "), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager. RFC1TA1.C- WHEREAS, HBS provides administrative, counseling, and referral services for Employee Assistance Programs established by employers for the benefit of employees and dependents; and WHEREAS, City has established an Employee Assistance Program for the benefit of eligible individuals; and WHEREAS, City and Horizon Behavioral Services, LLC ( "HBS ") previously entered in to a contract pursuant to which HBS provided services for City's Employee Assistance Program for the period October 1, 2010, through December 31, 2010; and WHEREAS, HBS and City wish to continue in their relationship by executing this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto do hereby agree as follows: Article I Definitions 1.1 "Claim" shall mean a written claim on the form designated by HBS that is presented to HBS by an EAP Provider for EAP services rendered by the EAP Provider to a Covered Person and is for a date of service that occurred during the term of this Agreement. 1.2 "Covered Person" shall mean an Eligible Employee or an Eligible Dependent. 1.3 "EAP Services" shall mean the individual counseling, marital counseling, and /or family counseling associated with work - related problems, parent -child differences, stressors and other mental health issues associated with disease management, wellness programs, and substance abuse issues. and shall consist of telephone consultation, management consultation services, and referral services described in Exhibit "A" attached hereto. 1.4 "Eligible Dependent" shall mean the spouse or minor child of an Eligible Employee or any person residing in the Eligible Employee's household who qualifies to receive i OFFICIAL UaCOU . CITY "��LCRl;T1�t2Y Agreement for Protessional Services with Ilorizon Behavioral Services Pad e Icf 19 F-17,'ilORTH, TX EAP Services under the eligibility criteria of the Employee Assistance Program as established by the City. 1.5 "Eligible Employ" shall mean a full -time or part-time employee, or COBRA beneficiary of Employer who qualifies to receive EAP Services under the eligibility criteria of the Employee Assistance Program as established by the City. 1.6 "Employee Assistance Program (EAP)" shall mean the program established by Employer to provide Covered Persons with an assessment of a personal, emotional, marital, family, financial, or legal problem and either: (a) a referral of the Covered Person to an appropriate health care provider, counselor, or other resource to resolve the presenting problem as appropriate, or (b) brief short-term counseling by an EAP counselor to resolve the presenting problem, as appropriate. Article II Duties of FIBS 2.1 Employee Assistance Program Services. During the term of this Agreement, HBS shall provide certain services to the City's Employee Assistance Program as described below: (a) HBS shall provide those EAP Services to the Employee Assistance Program described in Exhibit "A" attached hereto and made a part hereof. (b) HBS shall provide, for the benefit of Covered Persons, one or more EAP counselors who may be either employees of HBS (a "HBS Counselor ") or independent contractors of HBS (an "EAP Provider "). Each HBS Counselor and EAP Provider shall be either a mental health counselor, clinical social worker, marriage and family counselor, clinical psychologist, certified addiction professional, or other Master's level behavioral professional, as appropriate. HBS shall (i) conduct reasonably diligent background checks and periodic evaluations of all persons providing EAP service, including, but not limited to, ensuring that each such counselor has an appropriate, valid state professional license, and document the results of such checks and evaluations on a form similar to Exhibit C; (ii) conduct primary verification of License, Contractual expectation of compliance with State /Federal Regulations, and Malpractice on all persons providing EAP service in accordance with HBS's "Credentialing Standards and Process," which is attached hereto as Exhibit D, and document information related to the process on a form similar to Exhibit C; and (iii) require that each such HBS Counselor and EAP Provider adheres to all applicable rules and regulations of all regulatory agencies with jurisdiction over that counselor. (c) Non - emergency EAP Services shall be provided only by appointment either at the office of an EAP Provider or telephonically with a HBS Counselor. Access to an EAP Provider or HBS Counselor will be available through either a referral of a Covered Person by Employer to HBS or by Covered Person self - referral to HBS. (d) In the event the Covered Person's presenting symptoms require non - mental health and /or substance abuse specialized care. e� a legal problem. housing problem. or consumer credit problem, the EAP Provider or HBS Counselor shall refer such Covered Person to an appropriate resource. Referral shall also be made for acute care needs, psychiatric care, and problems not amenable to short-term counseling, e.g. major depression, psychosis, panic disorder, and severe chemical dependency. Fees for professional services rendered by resources other than an EAP Provider or HBS Counselor or for non -EAP Services, if any, shall be the sole responsibility of the Covered Person and not the responsibility of HBS or of the City. (e) HBS shall have the sole financial responsibility to pay each Claim for EAP Services rendered by an EAP Provider of HBS from its own funds. In no event, including, but not limited to non - payment by HBS or a breach of this Agreement by HBS or Employer, shall an EAP Provider of HBS bill, collect any payment, or seek reimbursement for EAP Services from a Covered Person or directly from the City. (f) Neither HBS, a HBS Counselor nor the EAP Provider shall assume any responsibility for the supervision of, or the employment status of, any employee of the City; such supervision and /or decisions regarding the employment status of an employee of the City shall be the sole responsibility of the City. 2.2 Preparation and Maintenance of Business Records. HBS agrees to prepare and maintain, for each Covered Person receiving EAP Services under this Agreement and for each Claim received by HBS, adequate business records documenting the EAP Services arranged by HBS and the adjudication of such Claim. Such records shall be in the form, contain such information, and be retained for such time period as is required by applicable federal and state laws, licensing requirements, and professional standards governing the provision of EAP Services; provided, however, that in no event shall such records be retained for less than seven (7) years. HBS' obligation to maintain such records shall not terminate upon the termination of this Agreement. 2.3 Licensure and Conduct. During the term of this Agreement, HBS shall comply with all applicable federal and state licensing requirements and shall perform the EAP Services in conformance with all applicable federal and state statutes, regulations, and rules. In addition HBS shall undertake efforts to ensure compliance of individuals providing EAP service in accordance with the requirements outlined in Section 2.1(b). 2.4 Liability Insurance. During the term of this Agreement, HBS, at its sole cost and expense, shall procure and maintain professional liability insurance covering its activities under this Agreement with limits of not less than one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) in the aggregate. To the extent HBS engages EAP Providers to perform services under this Agreement. HBS shall ensure that each such subcontractor or subconsultant maintains professional liability insurance in an amount that is customarily maintained by providers in the state or region in which the EAP Provider operates. HBS shall provide written evidence of such coverage to Employer upon its request. Should any of the above described policies be cancelled before the expiration date thereof, it shall be the responsibility of HBS to notify the City of the cancellation and provide evidence of continuous liability coverage. I 2.5 Final Authority; Plan Administrator. HBS acknowledges and agrees that Employer shall retain all final authority and responsibility for the Employee Assistance Program including, but not limited to, compliance with any state or federal law applicable to Employer or the administration of the Employee Assistance Program. HBS and Employer agree that HBS' role shall be limited to that of providing the EAP Services on behalf of Employer in accordance with the Employee Assistance Program and this Agreement. HBS shall not for any purpose be deemed the Employer's "Plan Administrator" or a "fiduciary." Employer shall be responsible for the preparation and filing of any reports, .returns, or disclosures required by the U.S. Department of Labor, the Internal Revenue Service, or any other federal or state agency. 2.6 Liability. HBS shall not be liable to Employer or any other person for any mistake of judgment or other action taken in good faith, or for any loss or damage occasioned thereby, unless the loss or damage is due to HBS' violation of the Standard of Care (as defined in Section 5.6), gross negligence, intentional misconduct, criminal conduct, or fraud or breach of this Agreement or caused by HBS' acts or omissions related to EAP Provider credentialing or inclusion of an EAP Provider in HBS' network. HBS shall be liable for the acts of any HBS Counselor providing counseling services to Covered Persons. In the event of joint and concurrent liability of HBS and any other party or parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. Article III Duties of Employer 3.1 Compensation to HBS. Employer agrees to pay HBS for the EAP Services rendered to the City under this Agreement on a monthly basis in accordance with the terms of this paragraph. The monthly fee amount will be determined by multiplying (i) the number of Eligible Employees (as reflected in the Employee Census for the previous month) times (ii) the per- Eligible- Employee monthly fee (the "EAP Fee ") in effect for that month. During the Initial Term, the EAP Fee shall be Ninety Two Cents ($0.92) per month for each Eligible Employee. For each Renewal Term, the amount of the EAP Fee shall be determined by adding a C.P.I. adjustment to the previous year's EAP Fee. The term "C.P.I." shall mean the annual average Consumer Price Index issued by the Bureau of Labor Statistics covering All Urban Consumers for the Dallas /Fort Worth, Texas Region (or if this index ceases to be published, then a comparable index). The monthly fee shall be due and payable within 60 days of the date that City receives an invoice from HBS. If, during any term of this Agreement, clinical utilization (telephonic and/or face -to -face EAP Sessions) rate exceeds twelve percent (12 %) of the total number of Eligible Employees, the parties hereby agree to negotiate in good faith to adjust the EAP Fee. HBS acknowledges that City "s ability to contract is limited to the authority granted by the Fort Worth City Council and that increasing the EAP Fee may require action by that legislative body. 3.2 Census Reports. For each month during which this Agreement remains in effect, City shall deliver to HBS an Employee Census in the same format as the sample attached as Exhibit B indicating the number of Eligible Employees working for the City as of the first day of the month ( "Employee Census "). An authorized Employer representative is required to sign the Employee Census to attest to its accuracy. 3.3 Ineligible Persons. If an ineligible individual receives services because of erroneous or incomplete information furnished to HBS by Employer, Employer shall be financially responsible for the cost of those services. Article IV Term of Agreement /Termination 4.1 Term. This Agreement shall encompass and govern all services rendered by HBS to the City for a period of one year, beginning January 1, 2011 and ending December 31, 2011, unless terminated earlier in accordance with the provisions of this Agreement ( "Initial Term "). This Agreement may be renewed and extended for up to five additional one -year periods by written mutual consent of the parties (each a "Renewal Tern? "). 4.2 Termination for Cause. Either party may terminate this Agreement upon thirty (30) days prior written notice (the "Notice ") to the other party in the event: (a) the other party shall fail to perform any material duty or obligation imposed upon it by this Agreement; provided, however, that the breaching party does not cure such breach within thirty (30) days following written notice from the non - breaching party specifying the facts underlying the non- breaching party's claim that the other party is in breach of this Agreement and requesting that such breach be cured; or (b) the other party becomes "bankrupt" as defined below. As used herein, a party shall be deemed to be "bankrupt" if: (i) an involuntary petition under any bankruptcy or insolvency law is filed with respect to a party or a receiver of, or for the property of, such party is appointed without the acquiescence of such party, which petition or appointment remains undischarged or unstayed for an aggregate period of thirty (30) days (whether or not consecutive); or (ii) a voluntary petition under any bankruptcy or insolvency law is filed by or on behalf of such party, or a receiver of or for the property of such party is acquiesced in by such party, or such party does any similar act of like import. 4.3 Termination Without Cause. This Agreement may be terminated by either party, with or without cause, by providing the other Party with no less than six months' written notice prior to the intended termination date. 4.4 Termination Due to Lack of Appropriation. As to the City's performance of the obligations in this Agreement, HBS acknowledges and agrees that the City is a governmental entity, and because of statutory, constitutional, and City Charter provisions, the City cannot commit to the funding of the City's obligations described herein beyond each fiscal year. Therefore, the funding obligations of the City described herein are subject to and conditioned upon the Fort Worth City Council appropriating for each fiscal year sufficient funds to satisfy such obligations. In the event no funds or insufficient funds are appropriated by the City Council in any fiscal period for any payments due hereunder, City will notify HBS of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.5 Provision of Services Upon Expiration/Termination. Upon expiration or termination of this Agreement, if an EAP Provider is providing EAP Services with regard to a Covered Person who is in treatment on the date of termination of this Agreement, then Employer may request, and at its option, HBS may agree, that HBS will continue to provide EAP Services, for up to a maximum of three (3) sessions with the Covered Person. Employer agrees to compensate HBS for any EAP Services provided after the expiration or termination of this Agreement at a rate of Eighty Dollars ($80.00) per session. Article V General Provisions 5.1 Recitals. The parties acknowledge that the statements contained in the Recitals above are true and correct, and the Recitals are incorporated herein by reference and made a part hereof. 5.2 Independent Contractor. This Agreement is not intended to create, nor is it to be construed as creating, any relationship between HBS and Employer other than that of independent parties contracting with each other solely for the purpose of effectuating the provisions of this Agreement. Neither HBS nor Employer nor any of their respective officers, directors, or employees, shall act as or be construed to be the agent, employee, partner or representative of the other. Each party shall have exclusive control and the exclusive right to control all details and day -to -day operations and activities relative to that party's performance under this Agreement. 5.3 Prohibition Against Discrimination. HBS agrees that it will not subject anyone to discrimination in any way because of the person's gender, race, color, sexual orientation, national origin, age, or disability. No one can be excluded from receipt of services or denied the benefits of services because of the person's gender, race, color, sexual orientation, national origin, age, or disability. 5.4 Dispute Resolution. In the event that the parties hereto are unable to resolve any dispute regarding the interpretation or application of any provision of this Agreement through good faith negotiations, such dispute shall be submitted to non - binding mediation in accordance with the Commercial Mediation Procedures of the American Arbitration Association. If the parties are unable to agree on a mediator, the parties shall request that the senior -most judge (as determined by length of tenure) of state civil district courts of Tarrant County, Texas, acting in his individual and not his judicial capacity, designate a mediator. 5.5 HIPAA Compliance. Each party acknowledges that the use and disclosure of individually identifiable health information is limited by the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA ") and any current and future regulations promulgated thereunder including without limitation the federal privacy regulations contained in 45 CFR Parts 160 and 164, the federal security standards contained in 45 CFR Part 160, 162 and 164 and the federal standards for electronic transactions contained in 45 CFR Parts 160 and 162, all collectively referred to herein as the "HIPAA Requirements." Each party agrees to comply with the HIPAA Requirements to the extent applicable to such party and further agrees that it shall not use or further disclose Protected Health Information (as defined under the HIPAA Requirements) other than as permitted by the HIPAA Requirements. The parties further agree to execute such other agreements and understandings as may be necessary or required to satisfy all HIPAA Requirements applicable to this Agreement and the transactions contemplated hereby. 5.6 Services /Standard of Care. (a) In qualifying and selecting EAP Providers to be part of its network, performing preliminary screening and referral services for Covered Person, and otherwise discharging its obligations under this Agreement, HBS will exercise that level of reasonable care that a similarly situated prudent provider of services would exercise under similar circumstances. (b) Employer and HBS agree that: (i) HBS renders health care services and treatments only to the extent that HBS performs preliminary screening and referral for Covered Persons and /or provides counseling directly through HBS Counselors; (ii) third -party EAP Providers are independent contractors and services performed by third -party EAP Providers shall not be construed as health care services or treatments by HBS; (iii) neither Employer nor HBS is responsible for the Services that are delivered by contracting EAP Providers; (iv) EAP providers are primarily responsible for the Services they deliver to Members; and (v) HBS is responsible for the qualifying and selecting of EAP Providers to be included in the HBS network and for the making of referrals to properly qualified EAP counselors based on screening of the Covered Persons. 5.7 Indemnification. (a) HBS shall indemnify, defend, and hold Employer harmless from that portion of liability (including without limitation reasonable attorneys fees) arising from acts of fraud, violations of the standard of care (Section 5.6), intentional misconduct, or dishonesty and any errors and omissions committed by HBS, its officers, employees or agents, in connection with or a result of the performance of this Agreement, including, but not limited to, the provision of services directly by HBS Counselors, the qualification and selection of third -party EAP Providers to be in the HBS network, and the performing of screening and referral services for Covered Persons. (b) City shall release HBS from any and all liability arising from acts of fraud, intentional misconduct, or dishonesty and any errors and omissions committed by City, its officers, employees or agents, in connection with or a result of the performance of this Agreement. 5.8 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. 5.9 Notices. Any notice, request, demand, report, offer, acceptance, certificate or other instrument which may be required or permitted to be given under this Agreement shall be in writing, signed by a duly authorized officer, and hand delivered to the other party or sent by U.S. certified mail. return receipt requested. postage prepaid. addressed to the other party at the address set forth helow or at such other address of which anN party may so notifN the other party: 7 If to Employer: If to HBS: City of Fort Worth Horizon Behavioral Services, LLC 1000 Throckmorton 4300 Centreway Place Fort Worth, TX 76102 Arlington, Texas 76018 Attn: Vicki Tieszen, Wellness Mgr Attn: Alisa Johnson, Dir. of Acct Services With Copy To: City Attorney's Office 1000 Throckmorton Fort Worth, Texas 76102 Any such notice, request, demand or other communication shall be deemed given upon the date of mailing if mailed pursuant to the provisions of this Section. 5.10 Captions; Partial Invalidity. The captions and article and section numbers appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such provisions of this Agreement nor in any way affect this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the remaining provisions of this Agreement. 5.11 Change in Law or Regulations. Should any statute, regulation, or rule be enacted, amended, or interpreted by an governmental body or agency having jurisdiction over HBS or Employer during the term of this Agreement so as to materially affect the ability of a party to perform any provision of this Agreement, then the parties shall forthwith and in good faith renegotiate the provision of this Agreement affected by such action so that the same can be performed in accordance with the pertinent change in such statute, regulation, or rule. 5.12 Third -Party Beneficiaries. Nothing in this Agreement is intended to be construed or to be deemed to create any right or remedy to the benefit of any third party. 5.13 Pronouns. All pronouns shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity or number of the person, persons, entity or entities may require. 5.14 Amendment. This Agreement may be amended or modified only by a written instrument executed by the parties hereto. 5.15 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. 5.16 Right to Audit. HBS agrees that the City shall, until the expiration of two (2) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of HBS involving transactions relating to this Agreement at no additional cost to the City for reasonable requests 8 associated with routine audits; in the event the City conducts a large or atypical audit, HBS may invoice the City for reimbursement of actual cost incurred by HBS in cooperating with the audit. HBS agrees that the City shall have access during normal working hours to all necessary HBS facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give HBS reasonable advance notice of intended audits and will complete an Audit Request Form providing information reasonably requested by HBS. Subcontractors - HBS further agrees that the City shall, until the expiration of two (2) years after final payment under this Agreement, have access to and the right to examine at reasonable times any information maintained by HBS regarding qualification and selection, contracts, treatment protocols, quality assurance reviews, compliance audits, and usage data pertaining to third -party EAP Providers providing services to Covered Persons under this Agreement. This section shall survive the expiration or termination of this Agreement. 5.17 Marketing. HBS may list Employer as its client in HBS' marketing literature and proposals. 5.18 Proprietary Information. HBS understands and acknowledges that the City is a public entity under the laws of the State of Texas, and as such, the following information is subject to disclosure under Chapter 552 of the Texas Government Code, the Texas Public Information Act (the "Act "): (i) all documents and data held by the City, including information obtained from the HBS and (ii) information held by HBS for or on behalf of the City that relates to the transaction of City's business and to which City has a right of access. If the City receives a request under the Act, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction and that request seeks documents that may reveal any of HBS' proprietary information, the City will utilize its best efforts to notify HBS prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a request for such information, it will be the responsibility of HBS to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas, or by a court of competent jurisdiction. 5.19 Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof. 5.20 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. 9 5.21 Review of Counsel. Each parties acknowledges that it and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or attachments hereto. 5.22 Entire Agreement. This Agreement embodies the entire Agreement among the parties hereto and supersedes any and all prior or contemporaneous, oral or written understandings, negotiations or communications on behalf of such parties with respect to the subject matter hereof IN WITNESS WHEREOF, the undersigned have duly executed this Agreement effective as of the date and year first above written. Employer has had adequate opportunity for review by counsel of Employer's choice and fully understands the terms of this Agreement. "HBS" HORIZON BEHAVIORAL SERVICES, LLC By: Date: lz•O/' 11 Title:y��/� A�(C� "Employer" City of Fort Worth By: Date: (o 1 Susa Al nis Title: Assistant City Manager APPROVED AS TO FORM A LE A TY: I � Denis C. Mc r y Assistant Cit ttorney Contract Authorization: M &C � - 24668 t -v *�C� YAA °oo°��fr p Csy'.k PAW /VS ity Secretary o J10( Al 'c�;•,. ' iU'� �yqr naafi Awl' OFFICIAL RECORD CITY ':_ "'1"TARY 10 Exhibit "A" Employee Assistance Program Services A. Evaluation and Assessment. Each Covered Person shall receive initial evaluation and assessment by a HBS Counselor for mental health or substance abuse problems, and the HBS Counselor shall refer the Covered Person to the appropriate non -EAP Provider or agency if the presenting problem in not amenable to short-term EAP counseling. B. Telephone Consultation and Referral. Each Covered Person shall receive consultation from HBS for personal and life problems, and, when indicated, HBS shall refer the Covered Person to the appropriate non -EAP resource. C. Counseling Sessions. Each Covered Person may receive three (3) counseling sessions (including the initial evaluation and assessment session(s)) per problem per contract year with a HBS Counselor through the Employee Assistance Program. D. Emergency Triage. HBS will provide 24 -hours a day, seven days a week emergency intake and referral for Covered Persons with a mental health or substance abuse crisis using a toll -free telephone line. E. Management Consultation and Referral Services. HBS will provide consultation for managers, supervisors and executive level personnel to consult with HBS Care Managers about troubled employees or to make performance -based referrals within the context of the employee assistance benefit. F. Identity Theft Consultation. HBS will offer a comprehensive array of Identity Theft Consultation which includes preventative assistance to aid in protecting sensitive information before theft occurs and aid in cases where an ID theft may have happened through a vendor such as CLC, Inc. G. Legal Services. HBS will offer consultation, evaluation, and referral to a comprehensive array of legal counseling services that includes telephone and /or face -to -face consultation with an attorney and supportive counseling when indicated through a vendor such as CLC, Inc. H. Financial Services. HBS will offer consultation, evaluation, and referral to comprehensive financial services, including personal consultation, through a financial services vendor such as CLC, Inc. I. Horizoncarelink. Online EAP services for members and managers through our website, http: / /www.liorizoncare]ink.com which includes online training programs, forms and articles, assessments, library, news, legal and financial services and access to web -based work life services. .1. Telephonic Work/Life. Our exclusive, phone -based program designed to assist members with a full range of work life issues. Members are connected with work life specialists who can assist them with child and elder care issues, temporary care, special needs, disaster relief, personal and convenience services, and many other needs. K. Employee Communication Materials. Upon implementation and as needed on an annual basis, HBS will make available standard EAP communication materials in the quantities noted below, which are, designed to increase manager and employee EAP awareness. Materials will be drop- shipped to Employer's corporate headquarters, or an alternative site designated by Employer, for distribution by Employer to employees. Any additional materials shall be at the Employer's expense and must receive the written approval of HBS. Standard materials included for implementation and annual communications under this Agreement are: ➢ EAP brochures in a quantity equal to 120% of the number of Eligible Employees for distribution at implementation and then as needed on an annual basis. ➢ Manager Updates distributed on a quarterly basis electronically. ➢ Posters for display at work sites in a quantity up to 5% of the number of Eligible Employees at implementation and on an annual basis. ➢ Online EAP Reminders on a quarterly basis. ➢ Other materials available upon request for additional charges. L. Fitness for Duty (FFD) Consultation and Coordination. HBS provides expert consultation dealing with decisions regarding the need for an independent Fitness for Duty Evaluations. HBS assists in recommending a qualified FFD facilitator and assists in the coordination with these providers. HBS can be an additional resource to review FFD paperwork before it is sent to Employer. HBS can further case manage FFD expectations prior to the employee returning to work. A Fitness for Duty Evaluation is a forensic evaluation completed by a psychologist, psychiatrist, or master -level clinician outside the EAP, for the purpose of evaluating an employee's ability to safely perform the functions of their job, assess organizational and behavioral risk, and provide a company with a legally defensible report recommending steps needed to be taken to minimize employer risk in returning the employee to work. Typically, the evaluation includes some or all of the following: clinical interview, psychological testing, and collateral interviews, and is not seen as therapy. It is solely Employer's responsibility to decide whether to refer an employee for a Fitness for Duty Evaluation. Employer is responsible for working directly with the FFD provider as well as paying for the Fitness for Duty Evaluation directly. Only the Employer may make decisions, for example, regarding retaining or dismissing employees. M. Safety Evaluation. A referral to the EAP for an employee who has been involved in a traumatic event (i.e.: shooting, fatality, etc.), demonstrated emotional instability in the workplace, used poor judgment, or had a policy violation. The clinician is able to assess if there is an evidence for imminent risk for harming self or others. With a signed release, oral reports are provided stating employee's compliance. Report can state, at this time, employee is safe to return to work with the understanding that to HBS' knowledge there is no evidence for imminent risk for harming self or others. Only the Employer may make decisions regarding returning. retaining. or dismissing employees for work. Evaluations can direct an employee to further 12 counseling, evaluation, or even suggest that a Fitness for Duty Evaluation would be necessary. No psychological testing, collateral reports, or legally defensible report is typically completed. N. Substance Abuse Professional (SAP') Consultation and Contact Information. Upon request of Employer, for drug and alcohol cases that fall under the Department of Transportation (DOT) guidelines, HBS shall provide initial and ongoing management consultation on DOT issues. HBS will further provide contact information of local providers in our specialized network of qualified Substance Abuse Professionals. The Employer is responsible choosing and working directly with the SAP, as well as performing Follow -up, Compliance and Aftercare attendance monitoring. The Employer is responsible for payment of the SAP and determines whether the employee or employer pays SAP fees as well as recommended treatment costs. O. Critical Incident Stress Management (CISM). HBS will make available to Employer, upon its request, at Employer's premises, an EAP Provider to provide crisis counseling to Employer's employees in the event of a catastrophic incident at the workplace affecting a group of employees (e.g. robbery or assault in the workplace, employee death or injury in the workplace). HBS will schedule a CISM at the worksite with a group of employees directly impacted by a critical incident as soon as clinically necessary, usually within the recommended timeframe of 24 -48 hours following the traumatic event. Under this agreement, CISM's are without charge and unlimited except when any individual CISM incident exceeds 10 hours of on -site EAP support or when the CISM is requested for events associated with acts of terrorism or acts of God such as a natural disaster. CISM's for terrorism or acts of God, as well as any CISM exceeding 10 hours per incident, will be provided at the rate of One Hundred Eighty Dollars ($180.00) per hour /per clinician Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. Cancellations within twenty -four (24) hours of previously scheduled service will be charged a One Hundred Eighty Dollars ($180.00) per onsite scheduled hour /per clinician administrative fee. P. Pool of Eight (_8) Hours Included. HBS will provide up to Eight (8) hours per year, pooled between Employee Orientations, and Supervisor Orientations and Trainings. Additional on -site hours will be made available at an additional rate, as outlined below. The following EAP Services are in addition to the per Eligible Employee /per month fee: Q. Reduction in Force. The process by which a work organization reduces its work force by eliminating jobs, such as closing subsidiaries or departments. On -site services could be either group process or onsite counseling or a combination of both. Reduction in Force services will be provided at the rate of One Hundred Eighty Dollars ($180.00) per hour /per clinician. Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. Cancellations within twenty -four (24) hours of requested service will be charged a One Hundred Eighty Dollars ($180.00) per onsite scheduled hour /per clinician administrative fee. R. Grief Groups. An on -site group that is facilitated by a provider to help employees deal with a loss of a co- worker. employee suicide or homicide. family member. etc. Grief 13 Groups will be provided at the rate of One Hundred Eighty Dollars ($180.00) per hour /per clinician Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. Cancellations within twenty -four (24) hours of requested service will be charged a One Hundred Eighty Dollars ($180.00) per onsite scheduled hour /per clinician administrative fee. S. On -Site Counseling. An on -site counselor can be provided to assist with providing one -on -one counseling in a confidential on -site office location. On -site counseling will be provided at the rate of One Hundred Eighty Dollars ($180.00) per hour /per clinician. Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. Cancellations within twenty -four (24) hours of requested service will be charged a One Hundred Eighty Dollars ($180.00) per onsite scheduled hour /per clinician administrative fee. T. Employee Orientation Meetings. HBS will make available on -site meetings for Eligible Employees to acquaint Eligible Employees with the operation of the Employee Assistance Program and. to encourage Eligible Employees to use the Employee Assistance Program, at the rate of One Hundred Fifty Dollars ($150.00) per clinician/per hour. Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. The date and time of such orientation meetings shall be mutually agreed -upon by HBS and Employer. U. Supervisor Orientation and Training. HBS will make available training programs for Employer's employees providing supervision of the Employee Assistance Program as part of their day -to -day duties. The purpose of this training program will be to acquaint supervisors with the operation of the Employee Assistance Program and to motivate supervisors to encourage Covered Persons to use the Employee Assistance Program. Supervisor Orientations and Trainings will be provided at the rate of One Hundred Fifty Dollars ($150.00) per clinician/per hour. Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. The date and time of such orientation meetings shall be mutually agreed -upon by HBS and Employer. V. Standard Trainings. HBS will make available to Covered Persons periodic on -site hours of EAP trainings on such topics as stress management, smoking cessation and effective communication at work. HBS will also provide web -based seminars, in which participants view the presentation through their web browser and listen to the audio through their telephone. On- site EAP trainings are available at the rate of One Hundred Fifty Dollars ($150.00) per hour /per clinician. Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. Web -based seminars are available at the rate of Two Hundred Dollars ($200.00) per hour /per clinician. Cancellations with twenty -four (24) hours of requested services will be charged a One Hundred Fifty Dollars ($150.00) per scheduled hour administrative fee. Web -based seminars on subjects pre - determined by HBS are available at no additional charge to the employer. W. Awareness Trainings. HBS provides Awareness Trainings on topics such as Department of Transportation (DOT) Drug /Alcohol Awareness. Diversity in the Workplace. 14 Drug Free Workplace, and Sexual Harassment for Employees, and Violence in the Workplace. Awareness Trainings will be provided at the rate of One Hundred Fifty Dollars ($150.00) per hour /per clinician. Travel both to and from the Employer's premises shall be paid at a rate of Fifty Dollars ($50.00) per hour of travel. Web -based seminars are available at the rate of One Hundred Fifty Dollars ($150.00) per hour /per clinician. Cancellations within twenty -four (24) hours of requested service will be charged a One Hundred Fifty Dollars ($150.00) per scheduled hour administrative fee. X. Comprehensive Substance Abuse Professional (SAP) Services. Upon request of Employer, for drug and alcohol cases that fall under the Department of Transportation (DOT) guidelines, HBS shall provide initial and ongoing management consultation, initial and follow up SAP evaluation, as well as case management throughout the Substance Abuse Professional (SAP) aftercare recommendations. HBS shall refer to a qualified SAP to conduct initial assessment and provide treatment recommendations, follow -up testing schedule, referral to treatment resource and compliance meeting, as defined by Department of Transportation (DOT) SAP guidelines. After an Eligible Employee's return to the workplace, and upon request of Employer, HBS shall provide ongoing case management through completion of aftercare recommendations. Per DOT Regulation, Employer has final decision - making authority regarding the return of an Eligible Employee to the workplace. If a referral to a treatment resource occurs, Eligible Employee will be responsible for the cost of services provided by the treatment source. With Comprehensive SAP services, HBS pays the SAP directly, HBS will charge Employer Seven Hundred Fifty Dollars ($750.00) per case. 15 Exhibit "B" Employee Census ri?nn IIeaItk Attestation Census Data Please fill in your current Eligible Employee count and sign below and return by fax to 800 - 672 -3271. Company Name: City of Fort Worth Current Eligible Employee Count (by Month): Attach Divisional Breakdown Report (if applicable) Effective Date: Count Provided By: Printed Name Signature Date 16 Exhibit "C" HBS Counselor and EAP Provider Qualifications Form REQUIREMENTS FOR CONTRACT AGENCY PROVIDERS In compliance with regulatory and accrediting requirements, XXXXX requires all contractors who provide direct EAP care to have the following information, and /or provide the information available upon request. EAP PROVIDER NAME: DATE: REQUIREMENTS VERIFIED By Agency Signature Signature Current Job Description HBS Counselor Only) Background Checks _(state) crimi (HBS Counselor Only) nal, background check Signed Confidentiality Statement Signed Standard of Business Code Conduct. (HBS Counselor Only) Competence assessment completed by contract agency (HBS Counselor Only) Annual evaluation completed by contract agency (HBS Counselor Only) Ongoing education record (HBS Counselor Only) Note the fallowing where applimble License /certification /registration/ (state) Other primary source verification; - Educational degree - Work history - Liability claims history - License sanctions Specialty certification required by job description Y/N or n/a Professional /Malpractice Insurance Amount: $1,000,000 / $3,000,000 Extended Reporting Period: Y/N Length: (EAP Provider Only, as HBS Counselor is covered by Horizon Prof /Mal Insurance IVl Exhibit "D" Summary of Horizon Behavioral Services Credentialing Standards and Process Credentialing Process The practitioner completes the standardized credentialing application which includes a current practitioner signature attesting to the following: ■ Reasons for any inability to perform the essential functions of the position, with or without accommodation • Lack of present illegal drug use • History of loss of license and felony convictions • History of loss or limitation of privileges or disciplinary activity • Current malpractice insurance coverage • The correctness and completeness of the application Primary verification of the following is conducted: • Educational degree • Licensure • Agency (DEA) and /or Controlled Dangerous Substances (CDS) registration • Board certification (physicians only) • Education and training specific to the specialty • Work history • Malpractice insurance • Liability claims history • License sanctions • Medicare /Medicaid sanctions The appropriate peer review committee reviews all completed credentialing applications and credentialing files for approval. Where credentialing results do not meet standard credentialing requirements, the committee performs focused peer review as needed. HBS notifies the practitioner in writing of the peer review committee decision. HBS reviews ongoing monitoring of participating practitioner Medicare and Medicaid sanctions on a monthly basis. HBS reviews ongoing monitoring of participating practitioner state sanction information based on the frequency of the release of the information from the applicable state. All EAP providers are also subject to complete review during the recredentialing process. HESS requests. reviews and anaIN /cs the same date as during the initial credentialing 18 process. Recredentialing occurs at least every three years, depending upon specific state requirements. HBS recredentials behavioral health providers in its networks every two or three years, depending upon state requirements. The recredentialing process gathers and reconfirms information about the provider's background and ongoing qualifications, reviewing personal conduct history, malpractice history, disciplinary actions, loss or limitations of hospital privileges, active professional liability coverage and performance through member complaints. 19 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/4/2011 DATE: Tuesday, January 04, 2011 REFERENCE NO.: * *C -24668 LOG NAME: 14HORIZON EAP SUBJECT: Authorize Professional Services Agreement with Horizon Health Corporation to Provide the City of Fort Worth Employee Assistance Program at an Initial Annual Cost of $90,000.00 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Horizon Health Corporation to provide the Employee Assistance Program for City employees for an initial annual amount of $90,000.00. !!] O l"M In September 2010, budgetary changes resulted in the elimination of the City— staffed employee assistance program (EAP) effective October 1, 2010, but funds were allocated to obtain these professional services from an outside contractor. Staff went through an informal solicitation process seeking information and price quotes from various EAP service providers. Three companies submitted proposals: Aetna, CIGNA, and the Standard. CIGNA subsequently withdrew its bid. The Standard's proposal, which called for EAP services to be provided by its partner Horizon Health Corporation (HHC), was selected based on several factors, including responsiveness to the request, qualifications of the company, accessibility, pricing, and M/WBE commitment. HHC has provided employee assistance services since 1988 and serves a variety of markets throughout the United States, Canada and Puerto Rico. HHC's client base includes approximately 3.5 million members in North America from municipalities, school districts, and major retail corporations such as Wal —Mart, Coca Cola Enterprises, Kroger and Firestone. HHC has a proven track record for successfully assisting employers as well as employees and their families through delivery of EAP services including: * Short—term counseling for employees and dependents to address a wide variety of issues such as depression, anxiety, stress, compulsive behaviors, disability concerns, bereavement, chemical dependency, marital issues, retirement, elder care, emotional health/ well— being; * A 24 —hours call center answered "live" by a mental health professional; * Crisis intervention to first responder and civilian personnel; * Professional development and training seminars; * EAP Employee Orientation; * Participation in health and wellness fairs to make employees aware of available services; * Bi— lingual capabilities for non or limited English speaking employees The City Manager's Office executed a short—term contract with HHC to provide these services from October I, 2010 through the end of 2010 for an approximate cost of $19,(XX).(X). The agreement proposed by this M &C would be for a full year of service, beginning January I, 2011 and continuing through December 31, 2011. During next year, staff will be going out for bid to find a single third —party administrator to provide comprehensive services related to City employees' health benefits, including administration of the City's self— insured health plan and provision of EAP services. PRICING: The estimated initial annual agreement amount of $90,000.00 is based on a charge of $.92 /employee /month. M BE: HHC is in compliance with the City's M/WBE Ordinance by committing to 10 percent M/WBE participation. The City's goal on this project is 10 percent. RENEWAL OPTIONS: This agreement may be renewed annually for up to five one —year terms at the City's option. This action does not require specific City Council action provided that sufficient funds have been appropriated by Council to satisfy the City's obligations during the renewal term. FISCAL INFORMATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Group Health Insurance Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers FE85 539120 0148500 $90.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Karen Marshall (7783) Additional Information Contact: Vicki Tieszen (8556) ATTACHMENT 1. EAP MWBE Compliance Memorandum4& 2. EAP Horizon Amendment 0101 11,12d 3. fundingverification.doc City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/19/2011 DATE: Tuesday, April 19, 2011 REFERENCE NO.: * *C -24867 LOG NAME: 1414HORIZON EAP AMEND SUBJECT: Amend Mayor and Council Communication C -24668 to Change the Contractor Name from Horizon Health Corporation to Horizon Behavioral Services, LLC Under Authorized Professional Services Agreement RECOMMENDATION: It is recommended that the City Council approve the correction of M &C C -24668 to change the name of the contracting entity under the authorized Professional Services Agreement from Horizon Health Corporation to Horizon Behavioral Services, LLC. DISCUSSION: On January 4, 2011, the City Council approved M &C C- 24668, which authorized a professional services agreement with Horizon Health Corporation to provide the Employee Assistance Program for City employees for an initial annual amount of $90,000.00. The contractor name listed in the M &C was incorrect. The correct name of the contractor is Horizon Behavioral Services, LLC. The purpose of this M &C is to revise M &C C -24668 to change the contractor's name to Horizon Behavioral Services, LLC. All other terms of M &C C -24668 will remain the same. FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City Funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Karen Marshall (7783) Additional Information Contact: Vicki Tieszen (8556) ATTACHMENT No attachments found.