REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Transcription

1 AMENDMENT #3 CONTRACT AMENDMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND MHM SOLUTIONS, INC. This is an Amendment to the Contract between the Florida Department of Corrections ( Department ) and MHM Solutions, Inc. ( Contractor ) to provide healthcare professional services to the Department s inmates. This Amendment: Extends the current Contract for six (6) months; and Revises Section I., A., Contract Term. Original Contract period: March 1, 2008 through October 31, 2009 Amendment #1: June 23, 2008 through October 31, 2009 Amendment #2: August 12, 2009 through October 31, 2009 In accordance with Section V., Contract Modifications; the following changes are hereby made: 1. Section I., A., Contract Term, is hereby revised to read: A. Contract Term This Contract began on March 1, 2008, and shall end at midnight April 30, The Contract is extended for six (6) months. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 1 of 2

2

3

4

5 CONTRACT C2490 AMENDMENT #1 CONTRACT AMENDMENT BETWEEN THE DEPARTMENT OF CORRECTIONS AND MHM SOLUTIONS, INC. This is an Amendment to the Contract between the Florida Department of Corrections ( Department ) and MHM Solutions, Inc. ( Contractor ) to provide healthcare professional services to the Department inmates. This Amendment: Revises Section II., E., Contractor s Provision of Physician Services, #4.; Revises Section II., F., Contractor s Provision of all other Healthcare Professional Services, last paragraph; Revises Section II., G., Contractor s Responsibilities, #2., to add d. and e.; Revises Section II., G., Contractor s Responsibilities, #4.; Revises Section II., G., Contractor s Responsibilities, #6.; Revises Section II., I., Contractor s Requirements, #1., to renumber g., h., i., j., k., l., m., n; Revises Section II., I., Contractor s Requirements, #5.; Renumbers Section II., H., Reports; Revises Section II., H., Reports, to delete #1., a. and b.; Revises Section II., H., Reports, to delete #2. (Quarterly Shift Report); Renumbers Section II., I., Contractor Performance; Renumbers Section II., J., Monitoring Methodology; Renumbers Section II., K., Additions and Deletions; Renumbers Section II., L., Deliverables; and Revises Section VI., A., Termination at Will. Original contract period: March 1, 2008 through October 31, 2009 In accordance with Section V., Contract Modifications, the following changes are hereby made: 1) Section II., E., Contractor s Provision of Physician Services, #4, is hereby revised to read: 4. The Contractor may accept assignments exceeding twenty-six (26) continuous weeks for any individual healthcare professional, with prior approval of the Contract Manager. 2) Section II., F., Contractor s Provision of all other Healthcare Professional Services, last paragraph, is hereby revised to read: The Contractor may accept assignments exceeding twenty-six (26) continuous weeks for any one individual, with prior approval of the Contract Manager. Page 1 of 6

6 CONTRACT C2490 AMENDMENT #1 3) Section II., G., Contractor s Responsibilities, #2., is hereby revised to add d. and e: 2. Psychiatric Physicians d. The Contractor shall ensure that psychiatric physicians are scheduled to perform on-call duties during their assignments at correctional institutions. On-call duty for the purpose of this contract is defined as officially scheduled duty, outside regular work hours, during which psychiatric physicians must be available upon notification of need and accessible by telephone or beeper. In the event of incapacitation or unavailability during a period of on-call duty, the psychiatric physicians must promptly contact the Contractor s designated supervisory official to be released from on-call duty. The on-call schedule for each psychiatric physician will be established by the Regional Medical Executive Director. e. The Contractor shall ensure that on-call psychiatric physicians will cover all psychiatric institutions that are located within a single Department Region. If the on-call psychiatric physicians report, return or remain at the institution outside regular hours, the call-back period will start. However, the psychiatric physicians will only be required to report or return at the institutions that are located within one hour driving distance from their location. On-call pay will be provided at the rate indicated in Section III, A., Payment. On-call pay will be suspended during call-back periods, which start at the time that the psychiatric physicians report, return or remain outside regular hours at the institutions. During call-back periods, the psychiatric physicians will be paid at the regular hourly rate indicated in Section III, A., Payment. 4) Section II., G., Contractor s Responsibilities, #4., is hereby revised to read: 4. Licensed Psychologists a. The Contractor shall ensure that all psychologists performing services under this Contract provide psychological evaluation and treatment of inmate patients in accordance with prevailing ethical and professional standards, Department rules and procedures, including the Department s Health Services Bulletins/Technical Instructions and memoranda, and all applicable state and federal laws, rules and regulations. b. The Contractor shall ensure all clinical psychologists record clinical findings, recommendations, and treatment in the inmate patient s medical record, in accordance with the Department s approved policies, procedures and/or documentation methods, using appropriate Department of Corrections forms. c. The Contractor shall ensure all psychologists work cooperatively and collaboratively with other staff as a member of the multi-disciplinary treatment team to develop, implement, and revise (ongoing) clinically necessary individualized plans of treatment for inmate patients. d. The Contractor shall provide documentation upon request to verify that all psychologists employed under this contract hold a current license as a psychologist in accordance with Florida Statutes, Chapter 490. Page 2 of 6

7 CONTRACT C2490 AMENDMENT #1 5) Section II., G., Contractor s Responsibilities, #6., is hereby revised to read: 6. Behavioral Health Specialist a. The Contractor shall ensure that all Behavioral Health Specialists performing services under this Contract provide mental health evaluation, counseling and treatment of inmate patients in accordance with prevailing ethical and professional standards, Department rules and procedures, including the Department s Health Services Bulletins/Technical Instructions and memoranda, and all applicable state and federal laws, rules and regulations. b. The Contractor shall ensure all Behavioral Health Specialists record clinical findings, recommendations, and treatment in the inmate patient s medical record, in accordance with the Department s approved policies, procedures and/or documentation methods, using appropriate Department of Corrections forms. c. The Contractor shall ensure all Behavioral Health Specialists work cooperatively and collaboratively with other staff as a member of the multi-disciplinary treatment team to develop, implement, and revise (ongoing) clinically necessary individualized plans of treatment for inmate patients. d. The Contractor shall provide documentation upon request to verify that all Behavioral Health Specialists employed under this contract hold a current license as a mental health professional in accordance with Florida Statutes, Chapter ) Section II., I., Contractor s Requirements, #1., is renumbered to read: 1. a., b., c., d., e., f., g., h. 7) Section II., I., Contractor s Requirements, #5., is hereby revised to read: 5. Orientation and Training The Contractor shall ensure Contractor s staff performing services under this Contract at institutional sites meets the Department s minimum qualifications for his/her specific position/job class. Both the Department s and the Contractor s responsibilities with respect to orientation and training are listed below. a. The Department will determine what type and duration of orientation and training is appropriate for the Contractor. Job specific orientation/training with regard to particular policies, procedures, rules and/or processes pertaining to the administration of health care at the institution where the Contractor delivers services, shall be coordinated between the Contractor and designated Department staff. b. The Department will compensate the Contractor for Contractor s staff attending orientation and training as indicated above and provided on-site by the Department, at the rates indicated in Section III., Compensation, this orientation and training is considered time worked by the Contractor s staff. Page 3 of 6

8 CONTRACT C2490 AMENDMENT #1 c. The new employee orientation will be provided by the Department before the Contractor s staff begins to provide services on-site. The Contractor shall coordinate with designated Department staff at each institution the administration and scheduling of the Contractor s staff new employee orientation. d. The Contractor shall, at the Contractor s expense, track and document all orientation and training as indicated above. Documentation shall be provided to the Department s Contract Manager upon request. e. The Department is not responsible for any required professional or non-professional education/training required for the Contractor s staff to perform duties under this Contract. 8) Section II., H., Reports, is renumbered to read: J. Reports 9) Section II., H., Reports, #1., is revised to delete a. and b., and renumber c., d., and e. : J. Reports 1. Quarterly Assignment Report This report must identify the following data for each of the Department s institutions being serviced by this Contract: a. total number of inmate patients seen by each physician providing services pursuant to this Contract; b. total number of inmate patient medical records, containing documentation by physicians providing services pursuant to this Contract, that have been reviewed by the Department (this data shall be obtained from the Department for inclusion in the Contractor s report); and c. total number of inmate patient medical records, containing documentation by physicians providing services pursuant to this Contract, that have been reviewed by the Department and are in compliance with Department rules and regulations regarding inmate patient medical record documentation (this data shall be obtained from the Department for inclusion in the Contractor s report). 10) Section II., H., 2., Quarterly Shift Report, is deleted. 11) Section II., I., Contractor Performance, is revised to read: K. Contractor Performance 12) Section II., J., Monitoring Methodology numbering, is revised to read: L. Monitoring Methodology 1. Monitoring for Performance Outcomes, Measures and Standards 2. Monitoring for Other Contract Requirements Page 4 of 6

9 CONTRACT C2490 AMENDMENT #1 3. Repeated Instances 13) Section II., K., Additions and Deletions, is revised to read: M. Additions and Deletions 14) Section II., L., Deliverables, is revised to read: N. Deliverables 15) Section VI., A., Termination at Will, is revised to read: A. Termination at Will This Contract may be terminated by the Contractor upon no less than one hundred twenty (120) calendar days notice and upon no less than ninety (90) calendar days by the Department, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. All other terms and conditions of the original Contract remain in full force and effect. This Amendment shall begin on the date on which it is signed by both parties. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 5 of 6

10

11 CONTRACT BETWEEN THE DEPARTMENT OF CORRECTIONS AND MHM SOLUTIONS, INC. This Contract is between the Florida Department of Corrections ("Department") and MHM Solutions, Inc. ("Contractor") which are the parties hereto. WITNESSETH Whereas, the Department is responsible for the inmates and for the operation of, and supervisory and protective care, custody and control of, all buildings, grounds, property and matters connected with the correctional system in accordance with Section , Florida Statutes; Whereas, it is necessary that budget resources be allocated effectively; Whereas, this Contract is entered into pursuant to Section (5)(f)6., Florida Statutes, which authorizes health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration to be procured without receipt of sealed competitive bids or competitive sealed proposals; and Whereas, the Contractor is a qualified and willing participant with the Department to provide healthcare professional services to the Department s inmates. Therefore, in consideration of the mutual benefits to be derived hereby, the Department and the Contractor do hereby agree as follows: I. CONTRACT TERM AND RENEWAL A. Contract Term This Contract shall begin on March 1, 2008, or the date on which it is signed by both parties, whichever is later, and shall end at midnight on October 31, In the event this Contract is signed by the parties on different dates, the latter date shall control. This Contract may not be renewed. Page 1 of 38

12 II. SCOPE OF SERVICE A. General Service Description/Purpose The Contractor shall provide qualified healthcare professionals to render services, on an hourly, temporary basis, to the Department s inmates at the Department s institutions. For purposes of this Contract, the Department s request that the Contractor provide healthcare professionals to render services, as contemplated hereunder, at a particular institution, for a specified length of time, shall be referred to as an assignment. The Contractor shall be deemed to have accepted an assignment upon verbal or written confirmation to the Department. Any healthcare professional (regardless of their medical specialty) for which the Contractor has accepted or could accept assignment to provide services pursuant to this contract shall be referred to interchangeably as healthcare staff, Contractor s staff, or Contractor s staff member. B. Rules and Regulations The Contractor shall ensure that all Contractor s staff providing services pursuant to this Contract (hereinafter referred to as Contractor s staff ) and that the delivery of services under this Contract comply with prevailing ethical and professional standards, Department rules and procedures including the Department s Health Services Bulletins/Technical Instructions and memoranda, and all applicable state and federal laws, rules and regulations. The Contractor shall ensure Contractor's staff is familiar with and capable of obtaining and making use of all applicable Department Policies and Procedures, Technical Instructions (TI's), and Health Service Bulletins (HSB's). C. Communications Contract communications will be in three (3) forms: routine, informal, and formal. For the purposes of this Contract, the following definitions shall apply: Routine: All normal written communications generated by either party relating to service delivery. Routine communications must be acknowledged or answered within thirty (30) calendar days of receipt. Informal: Special written communications deemed necessary based upon either contract compliance or quality of service issues. Must be acknowledged or responded to within fifteen (15) calendar days of receipt. Formal: Same as informal but more limited in nature and usually reserved for significant issues such as Breach of Contract, failure to provide satisfactory performance, or contract termination. Formal communications shall also include requests for changes in the scope of the Contract and billing adjustments. Must be acknowledged upon receipt and responded to within seven (7) days of receipt. The Contractor shall respond to informal and formal communications in writing, transmitted by facsimile and/or , with follow-up by hard copy mail. Page 2 of 38

13 A date/numbering system shall be utilized for tracking of formal and informal communications. The only personnel authorized to use formal Contract communications are the Department s Director of Health Services-Administration, Contract Manager, Contract Administrator, and the Contractor s CEO or Contractor s Representative. Designees or other persons authorized to utilize formal Contract communications must be agreed upon by both parties and identified in writing within ten (10) days of execution of the Contract. Notification of any subsequent changes must be provided in writing prior to issuance of any formal communication from the changed designee or authorized representative. In addition to the personnel named under formal Contract communications, personnel authorized to use informal Contract communications include any other persons so designated in writing by the parties. In addition to the Contract communications noted in Section II., C., in this Contract, if there is an urgent administrative problem the Department shall make contact with the Contractor and the Contractor shall orally respond to the Contract Manager within two (2) hours. If a non-urgent administrative problem occurs, the Department will make contact with the Contractor and the Contractor shall orally respond to the Contract Manager within forty eight (48) hours. The Contractor or Contractor s designee at each institution shall respond to inquiries from the Department by providing all information or records that the Department deems necessary to respond to inquiries, complaints, or grievances from or about inmates within three (3) working days of receipt of the request. The Healthcare Contract Monitor shall be copied on all such correspondence. D. Medical Records and Documentation The Contractor shall ensure that Contractor s staff documents each healthcare encounter in the appropriate inmate s medical record, in accordance with the Department s approved policies, procedures and/or documentation method, using appropriate Department of Corrections forms. All documentation shall comply with applicable Florida Statutes, relevant sections of the Florida Administrative Code, pertinent Department Procedures, and Health Services Bulletins/Technical Instructions. E. Contractor s Provision of Physician Services In addition to the duties and responsibilities enumerated elsewhere in this Contract, the Contractor agrees to the following: 1. In accordance with the needs of the requesting institution (the Department s facility at which services are to be provided), the Contractor shall provide, on an hourly, temporary basis, State of Florida licensed healthcare professionals for evaluation, diagnosis, and treatment of the Department s inmate patients, as appropriate. The Contractor will utilize best efforts in accepting assignments from the Department. 2. The Contractor shall respond to the Department s assignments with acceptance or rejection within ten (10) business days (excluding weekends and holidays) of receipt of assignment. Page 3 of 38

14 3. The Contractor shall provide, within seventy two (72) hours of acceptance of assignment, written verification to the requesting institution. This written verification shall include but not be limited to: name of assigned healthcare professional; medical specialty of assigned healthcare professional; contact information for assigned healthcare professional; assignment dates (start and end dates); assignment times (start and end times); and assignment location. NOTE: This information does not need to be in any specific order or format other than written. 4. The Contractor may not accept assignments exceeding twenty-six (26) continuous weeks for any individual healthcare professional unless approved in writing by the Contract Manager. Assignments may, however, be renewed upon agreement by both parties. 5. In the event a healthcare professional referred/proposed by the Contractor for assignment applies to become an employee of the Department on a full-time basis and his/her application is accepted by the Department, there shall be no placement or other fee required of the Department by the Contractor. 6. Prior to the provision of services pursuant to this Contract by any healthcare professional for which the Contractor has accepted assignment, the Contractor shall provide to the Contract Manager a current copy of the assigned individual s Florida State Medical License (or other applicable licensure), Drug Enforcement Agency (DEA) Registration, if applicable, curriculum vitae, and face-sheet of the required insurance policy coverage. 7. The Contractor shall ensure that, once an assignment is accepted by the Contractor, the assigned healthcare professional timely presents him/herself to the assigned institution for the duration of the scheduled assignment. Should the healthcare professional fail to timely present him/herself for his/her assignment, the Contractor, upon notification by the Department of the healthcare professional s nonattendance, shall immediately attempt to contact the assigned healthcare professional and determine if and when he/she will be on-site at the assigned institution. The Contractor shall timely inform the Department of the results of the foregoing actions. 8. The Contractor shall ensure all healthcare professionals attend in-service training and other staff meetings as required and scheduled by the institution (for additional information/requirements with regard to training, see Section G. 4. Orientation and Training, of this Contract). F. Contractor s Provision of all other Healthcare Professional Services In addition to the duties and responsibilities enumerated elsewhere in this Contract, the Contractor agrees to the following: 1. Contractor will utilize best effort in accepting assignment requests from the Department. 2. Upon acceptance of assignment by the Contractor, the Contractor shall provide healthcare professionals to perform work at Department locations. Page 4 of 38

15 3. Contractor shall ensure that, once the assignment is accepted and staff is assigned to perform the required work, the assigned Contractor s staff member timely presents him or herself to the institution for their scheduled shift. Should the staff member fail to timely present him or herself for the assigned shift, the Contractor, upon notification by the Department, shall contact the staff member, within thirty (30) minutes, and determine whether and when he/she would be on-site at the requesting location. If the original assigned staff is not on-site within one (1) hour of assigned shift, the Contractor, upon notification by the Department, shall employ all possible efforts to have a replacement presents him or herself to the institution within four (4) hours of the original scheduled shift. The Contractor may not accept assignments exceeding thirteen (13) continuous weeks for any one individual. These extended term assignments may, however, be renewed upon agreement by both parties. G. Contractor s Responsibilities The Contractor shall provide qualified healthcare professionals as outlined below: 1. Chief Psychiatrists or Chief Medical Officers This is the highest professional and administrative position in directing health services, including mental health, within the institution with the primary responsibility of providing direction and coordination of a comprehensive healthcare and treatment program for inmate/patients at the institution. These physicians will be responsible for all the functions listed within this Section G. Contractor s Responsibilities based on their medical license as either a psychiatric physician or a primary care physician. In addition, Chief Psychiatrists and Chief Health Officers shall: a. direct and coordinate the health services program for inmate/patients at their assigned facility; b. provide professional supervision and consultation on health matters to the health services staff at their assigned facility; c. plan, develop, implement, monitor, and administer the institution-wide health services delivery system at their assigned facility including physical, psychological, and counseling components; d. maintain liaison activities with public and private agencies that impact the health services program at their assigned facility; e. research current professional developments and disseminate appropriate and timely information to institutional health services staff at their assigned facility; f. develop program policies, procedures, and guidelines for health services staff and contracted healthcare providers assigned throughout the institution at their assigned facility; g. serve as an advisor to the Department on health matters; and Page 5 of 38

16 h. represent the Department s Office of Health Services at various meetings, boards, and committees relating to health services practices and procedures. 2. Psychiatric Physicians a. The Contractor shall ensure all psychiatric physicians performing services under this Contract provide psychiatric evaluation and treatment of inmate patients referred by the Department in accordance with prevailing ethical and professional standards, Department rules and procedures, including the Department s Health Services Bulletins/Technical Instructions and memoranda, and all applicable state and federal laws, rules and regulations. b. The Contractor shall ensure all psychiatric physicians record clinical findings, recommendations, and treatment in the inmate patient s medical record, in accordance with the Department s approved policies, procedures and/or documentation methods, using appropriate Department of Corrections forms. c. The Contractor shall ensure all psychiatric physicians work cooperatively and collaboratively with other staff as a member of the multi-disciplinary treatment team to develop, implement, and revise (ongoing) clinically necessary individualized plans of treatment for inmate patients. 3. Primary Care Physicians a. The Contractor shall ensure that all primary care physicians performing services under this Contract initiate, interpret, and evaluate diagnostic clinical tests and provide diagnosis, medical treatment, and care of inmate patients in accordance with prevailing ethical and professional standards, Department rules and procedures, including the Department s Health Services Bulletins/Technical Instructions and memoranda, and all applicable state and federal laws, rules and regulations. b. The Contractor shall ensure all primary care physicians perform physical examinations as prescribed in Department policies for inmate patients and conduct pre-employment and periodic physical examinations for certain staff required to have such examinations by law. c. The Contractor shall ensure all primary care physicians consult with other health services staff to ensure proper healthcare and treatment is provided to inmate patients. 4. Licensed Psychologists a. The Contractor shall ensure that all clinical psychologists performing services under this Contract provide psychiatric evaluation and treatment of inmate patients in accordance with prevailing ethical and professional standards, Department rules and procedures, including the Department s Health Services Bulletins/Technical Instructions and memoranda, and all applicable state and federal laws, rules and regulations. b. The Contractor shall ensure all clinical psychologists record clinical findings, recommendations, and treatment in the inmate patient s medical record, in accordance with the Department s approved policies, procedures and/or documentation methods, using appropriate Department of Corrections forms. Page 6 of 38

17 c. The Contractor shall ensure all clinical psychologists work cooperatively and collaboratively with other staff as a member of the multi-disciplinary treatment team to develop, implement, and revise (ongoing) clinically necessary individualized plans of treatment for inmate patients. 5. Advanced Registered Nurse Practitioners Psychiatric (ARNP s Psychiatric) ARNP s Psychiatric provided to the Department under this Contract shall possess and maintain a current valid Florida ARNP license in good standing and current CPR certification and shall have at least one (1) year of clinical experience. ARNP s Psychiatric shall: a. identify mental health problems, plan and implement appropriate care, provide management and care of acute and chronic mental health problems; b. perform psychiatric evaluations and mental status examinations and provide diagnosis and treatment for all mental health inmate patients; c. order appropriate diagnostic tests and medications in accordance with interpretation of diagnostic testing and the inmate patient s response to treatment; d. obtain samples for testing and perform other comparable procedures when personnel that customarily perform these procedures is not available; e. initiate referrals to other members of the healthcare team and monitor the schedule of inmate patients for special tests; f. counsel inmate patients on preventive care, psychiatric problems, and use of prescribed treatment; g. generally assess inmate patient's psychiatric status and assist the assigned Physician with inmate patient management as required; h. be responsible for complete and accurate documentation in the inmate patient s health record for care provided, maintain health service records and logs, and assist with data entry within the scope of clinically-related information; i. establish individualized treatment plans and insure the continuity of care for inmate patients requiring on-going healthcare services; j. utilize appropriate infection control techniques; and k. perform other duties as assigned. 6. Behavioral Health Specialist a. The Contractor shall ensure that all clinical psychologists performing services under this Contract provide psychiatric evaluation and treatment of inmate patients in accordance with prevailing ethical and professional standards, Department rules and procedures, including the Department s Health Services Bulletins/Technical Page 7 of 38

18 Instructions and memoranda, and all applicable state and federal laws, rules and regulations. b. The Contractor shall ensure all clinical psychologists record clinical findings, recommendations, and treatment in the inmate patient s medical record, in accordance with the Department s approved policies, procedures and/or documentation methods, using appropriate Department of Corrections forms. c. The Contractor shall ensure all clinical psychologists work cooperatively and collaboratively with other staff as a member of the multi-disciplinary treatment team to develop, implement, and revise (ongoing) clinically necessary individualized plans of treatment for inmate patients. 7. Advanced Registered Nurse Practitioners (ARNP s) and Physician Assistants (PA s) ARNP s provided to the Department under this Contract shall possess and maintain a current valid Florida ARNP license in good standing and current CPR certification and shall have at least one (1) year of clinical experience. PA s provided to the Department under this Contract shall possess and maintain a current valid Florida PA license in good standing and current CPR certification and shall have at least one (1) year of clinical experience. ARNP s and PA s shall: a. identify health problems, plan and implement appropriate care, provide management and care of acute and chronic health problems; b. perform physical evaluations and examinations and provide diagnosis and treatment for all inmate patients; c. order appropriate diagnostic tests and medications in accordance with interpretation of diagnostic testing and the inmate patient s response to treatment; d. obtain samples for testing and perform other comparable procedures when personnel that customarily perform these procedures is not available; e. initiate referrals to other members of the healthcare team and monitor the schedule of inmate patients for special tests; f. counsel inmate patients on preventive care and use of prescribed treatment; g. be responsible for complete and accurate documentation in the inmate patient s health record for care provided, maintain health service records and logs, and assist with data entry within the scope of clinically-related information; h. establish individualized treatment plans and ensure the continuity of care for inmate patients requiring on-going healthcare services; i. utilize appropriate infection control techniques; and j. perform other duties as assigned. Page 8 of 38

19 8. Pharmacists Pharmacists provided to the Department under this Contract shall possess and maintain a current valid Florida Pharmacist s license in accordance with Chapter 465, Florida Statutes. Pharmacists shall: a. perform all pharmacy-related duties in strict compliance with applicable Florida Statutes, Florida Board of Pharmacy Rules, Federal Drug Enforcement Administration Rules, and Department Policies and Procedures; b. prepare and dispense drugs after receiving a written order from a practitioner authorized by state law to prescribe drugs. Verbal orders from an authorized practitioner over the telephone may be taken by the pharmacist and immediately reduced to writing if time does not permit a written order to be delivered to the pharmacy; c. initial the prescription filled by the Pharmacy Technician; d. authorize and direct the supervision of pharmacy personnel to make labeling changes on transfer medication from one container to another; e. directly supervise and conduct in-process and final checks, and affix his/her initials to the record of prepackaging and labeling of unit and multiple dose packages; and f. assist with other tasks as directed by the Pharmacy Manager or his/her designee. 9. Registered Nurses (RN s) RN s provided to the Department under this Contract shall possess and maintain a current valid Florida RN license in good standing and current CPR certification and shall have at least one (1) year of clinical experience. RN s shall: a. perform professional nursing work in the care and treatment of inmate patients; b. participate in the screening of inmate patients for sick call and perform physical assessments; c. provide treatment and administer medications per physician s order or Department procedures; d. initiate appropriate treatment and/or medications in emergency situations according to Department procedures; e. ensure complete and accurate documentation in the inmate patient s healthcare record for care provided; f. coordinate the para-professional nursing staff with professional nursing functions to ensure an efficient work environment; and Page 9 of 38

20 g. perform other related duties as required. 10. Respiratory Therapists Respiratory Therapists provided to the Department under this Contract shall possess and maintain a current valid Certified Respiratory Therapy Technician or Registered Respiratory Therapist license/certification in good standing and current CPR certification. Respiratory Therapists shall have knowledge of the principles and procedures of respiratory therapy, have knowledge of human anatomy and physiology, and have skills in operating, calibrating, and maintaining respiratory therapy equipment. Respiratory Therapists shall: a. operate respiratory therapy equipment; b. inspect and maintain respiratory therapy equipment; c. explain and apply respiratory therapy procedures to inmate patients; d. provide respiratory therapy treatments; e. calibrate respiratory equipment; and f. perform other duties as required. 11. Licensed Practical Nurses (LPN s) LPN s provided to the Department under this Contract shall possess and maintain a current valid Florida LPN license in good standing and current CPR certification, shall have completed an Approved IV Training Course, and shall have at least one (1) year of clinical experience. LPN s shall: a. assist in the handling of emergency complaints and treatments of inmate patients; b. assist in the screening of inmate patients for sick call and physical assessments; c. provide treatment and administer medications per physicians order and/or Department procedures; d. make observations of and provide prescribed care to infirmary inmate patients; e. perform all medical procedures as ordered by the physician or his clinical associates; f. chart and report any significant findings to the Registered Nurse or clinician; g. assist in gathering data for health assessments on incoming inmate patients; and perform other related duties as required; h. perform other related duties as required. Page 10 of 38

21 12. Medical Assistants (MA s) MA s provided to the Department under this Contract shall possess and maintain a current valid Florida MA license/certification in good standing and current CPR certification. MA s shall: a. perform sick call screening and physical examinations under the supervision of physicians; b. administer medications when approved by the Department; c. record healthcare complaints and inmate patient histories; d. take and record necessary vital signs; e. assist physicians and nurses in providing emergency health services in life threatening medical emergencies; f. perform venipuncture when possessing current venipuncture certification; g. maintain examination rooms and check operational status of health services equipment and supplies as directed by and under the supervision of a charge nurse to ensure they are ready for use; and h. perform other duties as required. 13. Emergency Medical Technicians (EMT s) EMT s provided to the Department under this Contract shall possess and maintain a current valid Florida EMT license/certification in good standing and current CPR certification. EMT s shall: a. record healthcare complaints and inmate patient histories; b. take and record necessary vital signs; c. assist physicians and nurses in providing emergency health services in life threatening medical emergencies; d. perform venipuncture when possessing current venipuncture certification; e. maintain examination rooms and check operational status of health services equipment and supplies as directed by and under the supervision of a charge nurse to ensure they are ready for use; and f. perform other duties as required. Page 11 of 38

22 14. Pharmacy Technicians Pharmacy Technicians provided to the Department under this Contract shall possess and maintain a current valid Florida Pharmacy Technicians license/certification in good standing and shall perform services under the direct and immediate supervision of a licensed Pharmacist. Pharmacy Technicians shall: a. assist the Pharmacist in the preparation of the prescription. Such functions include the typing of prescription labels on a typewriter or computer and the entry of prescription information or physician s orders into a computer system. The Pharmacy Technicians shall not complete the dispensing act or initial the prescription; b. prepackage and label unit and multiple dose packages pursuant to appropriate procedures; c. maintain the control records; d. prepare orders for shipping including but not limited to the checking of shipping lists to make sure all listed orders are placed in the containers for shipping to facilities; and e. assist with other tasks as directed by the Pharmacy Manager or his/her designee. 15. Certified Nursing Assistants (CNA s) CNA s provided to the Department under this Contract shall possess and maintain a current valid Florida CNA license/certification in good standing and current CPR certification. CNA s shall act as assistants to RN s and/or LPN s and shall perform routine duties and procedures under the direct supervision of the team leader. CNA s shall: a. record healthcare complaints and inmate patient histories; b. take and record necessary vital signs; c. assist physicians and nurses in providing emergency health services in life threatening medical emergencies; d. perform venipuncture when possessing current venipuncture certification; e. maintain examination rooms and check operational status of health services equipment and supplies as directed by and under the supervision of a charge nurse to ensure they are ready for use; and f. perform other duties as required. Page 12 of 38

23 H. Department s Responsibilities In addition to the duties and responsibilities enumerated elsewhere in this Contract, the Department agrees to perform the following: 1. The Department will have the final approval authority of all healthcare professionals referred/proposed by the Contractor for acceptance of assignments. The Department will approve or disapprove referred/proposed healthcare professionals within three (3) workdays of the Department s receipt of the Contractor s referral/proposal. 2. The Department will provide the Contractor assignments covering no less than two (2) weeks duration unless otherwise agreed upon by the parties in writing for the particular assignment. Department staff will not make assignments exceeding twenty-six (26) continuous weeks for any individual healthcare professional unless approved by the Contract Manager. Assignments may, however, be renewed upon agreement by both parties 3. Whenever possible, the duration (start and end dates) of assignments that have been accepted by the Contractor and approved by the Department will be agreed upon by both parties prior to the commencement of an assignment. Assignments for which the duration has been mutually agreed upon prior to commencement are hereby referred to as fixedterm assignments. Fixed-term assignments will expire automatically at 12:00 a.m. EST following the end date unless the assignment otherwise is extended by the parties. 4. The Department, in its sole discretion, may cancel or modify any assignment not yet accepted by the Contractor without prior notification to the Contractor. 5. The Department, in its sole discretion, may cancel or modify any accepted assignment, either commenced or scheduled to commence at a future date. The Department will provide the Contractor with no less than two (2) weeks notice of cancellation or modification of accepted assignments, either commenced or scheduled to commence at a future date. 6. The Department will not actively recruit physicians that it gains knowledge of through this Contract. If a physician is fulfilling a fixed-term assignment accepted by the Contractor and applies to become an employee of the Department on a full-time basis and his/her application is accepted by the Department, the physician must complete the fixedterm assignment, including any mutually agreed upon extension, prior to becoming a fulltime employee of the Department. 7. The Department will provide, at its expense and judgment, a sufficient number of Correctional Officers to supervise those inmates receiving services from the Contractor. 8. The Department will grant access to its sites to Contractor s staff in accordance with all applicable Department security procedures and institutional practices. 9. The Department will conduct background checks as indicated in Section I., 3. Background/Criminal Record Checks. 10. The Department shall immediately notify the Contractor of any Contractor s staff failing to timely appear for a scheduled assignment. Page 13 of 38

24 11. The Department will provide the Contractor with access to all applicable Department rules and regulations. The Department will inform the Contractor of any regulatory or operational changes impacting the delivery of services to be provided pursuant to this Contract. 12. The Department shall ensure that any inmate patient receiving treatment pursuant to this Contract is appropriately restrained, in accordance with the Department s procedures, at the time treatment is rendered and that such restraints shall not be removed during treatment unless the inmate s health or safety is immediately threatened or removal or repositioning of the restraints is needed to insure provision of clinically indicated treatment or diagnostic evaluation. Metallic restraints will be utilized unless the treatment or procedure dictates the use of non-metallic restraints. Correctional staff shall have sole discretion to determine whether restraints are to be removed or repositioned. I. Contractor s Requirements 1. Conduct and Safety Requirements When providing services to the inmate population or in a correctional setting, the Contractor s staff shall adhere to the standards of conduct prescribed in Chapter , Florida Administrative Code, and as prescribed in the Department s personnel policy and procedure guidelines, particularly rules of conduct, employee uniform and clothing requirements (as applicable), security procedures, and any other applicable rules, regulations, policies and procedures of the Department. By execution of this Contract, the Contractor acknowledges and accepts, for itself and any of its agents, that all or some of the services to be provided under this Contract shall be provided in a correctional setting with direct and/or indirect contact with the inmate population and that there are inherent risks associated therewith. In addition, the Contractor shall ensure that all staff adhere to the following requirements: g. The Contractor s staff shall not display favoritism to, or preferential treatment of, one inmate or group of inmates over another. h. The Contractor s staff shall not deal with any inmate except in a relationship that supports services under this Contract. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an inmate or an inmate s family or close associate, no matter how trivial the gift or service may seem. The Contractor shall report to the Contract Manager any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors or services to inmates, their family or close associates. i. The Contractor s staff shall not enter into any business relationship with inmates or their families (example selling, buying or trading personal property), or personally employ them in any capacity. Page 14 of 38

25 j. The Contractor s staff shall not have outside contact (other than incidental contact) with an inmate being served or their family or close associates, except for those activities that are to be rendered under the Contract. k. The Contractor s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the Contractor or the State. In providing services pursuant to this Contract, the Contractor shall ensure that its employees avoid both misconduct and the appearance of misconduct. l. At no time shall the Contractor or Contractor s staff, while delivering services under this Contract, wear clothing that resembles or could reasonably be mistaken for an inmate s uniform or any correctional officer s uniform or that bears the logo or other identifying words or symbol of any law enforcement or correctional department or agency. m. Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by phone and in writing to the Contract Manager or their designee, including proposed action to be taken by the Contractor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the Contractor to appropriate action, up to and including termination of this Contract. n. The Contractor shall report any incident described above, or requiring investigation by the Contractor, in writing, to the Contract Manager or their designee within twenty four (24) hours, of the Contractor s knowledge of the incident. 2. Staff Levels and Qualifications a. The Contractor shall provide an adequate level of staffing for provision of the services outlined herein and shall ensure that staff providing services is highly trained and qualified. Additionally, the contractor shall liaise with and maintain a good working relationship with the judiciary, criminal justice system, DC staff, and the community if required to support the Contract. b. The Contractor shall NOT provide individuals possessing temporary work visas to fill positions under this Contract. c. All contractor/subcontractor staff providing services under the Contract shall have the ability to understand and speak English to allow for effective communication between Contractor staff and Department staff and inmates. 3. Background/Criminal Record Checks a. The Contractors staff assigned to this Contract shall be subject, at the Department s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This background check will be conducted by the Department and may occur or re-occur at any time during the Contract period. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under the Contract. The Department is under no obligation to inform the Contractor of the records check findings or the criteria for disqualification or removal. In order to carry out this records check, the Contractor Page 15 of 38

26 shall provide, prior to commencing services upon institution property, the following data for any individual Contractor or subcontractor s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver s License Number and State of Issue. If requested, the Contractor s staff shall submit to fingerprinting by the Department of Corrections for submission to the Federal Bureau of Investigation (FBI). The Contractor shall not consider new employees to be on permanent status until a favorable report is received by the Department from the FBI. b. The Contractor shall ensure that the Contract Manager or designee is provided the information needed to have the NCIC/FCIC background check conducted prior to any new Contractor staff being hired or assigned to work under the contract. The Contractor shall not offer employment to any individual or assign any individual to work under the contract, who has not had an NCIC/FCIC background check conducted. c. The Contractor shall not permit any individual to provide services under this Contract who is under supervision or jurisdiction of any parole, probation or correctional authority. Persons under any such supervision may work for other elements of the Contractor s agency that are independent of the contracted services. d. Note that a felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically bar the Contractor from hiring the proposed employee. However, the Department reserves the right to prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Contractor shall make full written report to the Contract Manager within three (3) calendar days whenever an employee has a criminal charge filed against them, or an arrest, or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, or felony, or ordinance (except minor violations for which the fine or bond forfeiture is $200 or less) or when Contractor or Contractor s staff has knowledge of any violation of the laws, rules, directives or procedures of the Department. e. No person who has been barred from any Department institution or other facility shall provide services under this Contract. f. Department employees terminated at any time by the Department for cause may not be employed or provide services under the Contract. g. No person who has previously been employed by the Department may be assigned to provide services pursuant to this Contract without the prior written approval of the Department s Contract Manager. 4. Licensing & Credentialing a. The Contractor shall maintain unencumbered state licenses and credentialing for any professional services to be rendered under this Contract. The Contractor shall submit a copy of current licenses and credentials to the Department upon request. Page 16 of 38