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HomeMy WebLinkAbout931054.tiff RESOLUTION RE: APPROVE PERSONAL CARE BOARDING HOME CONTRACT BETWEEN THE HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF HEALTH AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Personal Care Boarding Home Contract between the Weld County Health Department and Colorado Department of Health, commencing July 1, 1993, and ending June 30, 1994, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Personal Care Boarding Home Contract between the Weld County Health Department and Colorado Department of Health be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of October, A.D. , 1993, nunc pro tunc July 1, 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: /pia% WELD COUNTY, COLORADO .��� Weld County Clerk to the Board / SCe� A � �5 OYfiL, onstance L. Harbert, Chairman BY. Deputy Clerk to the Board _ W. H. Webster, Pro-Tem APPROVED TO FORM: EXCUSED rge E. Baxt r "unty Atto-ney Dale K. Hall EXCUSED Barbara J. Kirkmeyer 931054 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Oc•COzo Ri Dedicated to protecting and improving the health and y< <. environment of the people of Colorado w * 4300 Cherry Creek Dr.S. Laboratory Building . "•T"4* Denver,Colorado 80222-1530 4210 E.11th Avenue t876 Phone(303)692-2000 Denver,Colorado 80220-3716 (303)691-4700 Roy Romer Governor Patricia A.Nolan,MD,MPH Executive Director September 3 , 1993 Mr. John Pickle Weld County Health Department 1517 16th Avenue Greeley, Colorado 80631 Dear Mr. Pickle: Enclosed please find the contract for the personal care boarding home inspection program for fiscal year 1993-94 . There are several changes in this year' s contract. As we discussed at our last meeting, we have agreed to give the counties as a group slightly more than 100% of the fees that are collected in the counties. In return, we had planned to ask the counties to take over all survey and investigation activity for licensed facilities in the counties, including the fire safety inspection program. Language has been included in the contracts that gives the counties the responsibility for all resurveys, complaints, and associated monitoring activities for facilities listed; however, we are reviewing options with respect to fire safety inspections . We would like information from the counties regarding the capacity and willingness of your staff or local fire safety officials to apply our fire safety regulations to the personal care boarding homes that you inspect. The Division uses the fire safety equivalency system for most PCBH' s and has found that this system is appropriately flexible for the types of homes that we see in this program. We invite your input on this issue. In the meantime, you will NOT be required to do the fire safety inspections. We are also in the process of reviewing our complaint investigation procedures (Attachment 2) to determine how they can be simplified. We would like to schedule another meeting with you this fall to discuss these and other issues of mutual concern. Our office will contact you in September to set up a time for this meeting. Please also note that most of the administrative work in the PCBH program is being transferred to our Medical Social Consultant Terry Zamell (ph. (303) 692-2884) . We are in the process of training a new !:Vf1054 surveyor to assist Terry with this program. Jacille is working primarily on the Division director' s new Compliance Motivation Program team, highlighted in the Division' s Spring Newsletter. Terry has agreed to try to maintain the schedule that we set up to enhance communication; that is, she will be available to return calls on the third Thursday of each month. We will make an effort to respond to your concerns as soon as we can, but the third Thursday can be used to discuss issues and answer survey questions that have arisen during your inspections . Thank you for your continued interest and participation in this program. We look forward to working with you again this year. If you have questions about the contract or other concerns, please feel free to call me at 303/692-2858 . Sincerely,detdnon_ C6 4/1 Susan E. Rehak, - Deputy Director 9-'21054 STATE- OF COLORADO COLORADO DEPARTMENT OF HEALTH :by•cozo Dedicated to protecting and improving the health and - - _ -' environment of the people of Colorado r, �' �g h i 4300 Cherry Creek Dr.S. Laboratory Building • a Denver,Colorado 80222-1530 4210 E.11th Avenue - - -' -1 raja Phone(303)692-2000 Denver, Colorado 80220-3716 .-: _ `• - -- (303)691-4700 Roy Romer Governor Patricia A.Nolan,MD,MPH Executive Director January 12 , 1994 Mr. John Pickle Weld County Health Department 1517 16th Avenue Greeley, Colorado 80631 Enclosed please find the approved contract for the personal care boarding home inspection program for the fiscal year 1993 -94 . Send all billings against this contract to my attention. I will obtain program approval and arrange payment . If payment is not received within three weeks, please call me at 303-692-2845 and I will investigate the payment delay. Marvin L an Administrative Program Sp ci list attachment CC: Terry Zamell • • 931054 Form 6-AC-02A (R 5/85) DEPARTMENT OR AGENCY NUMBER 260000 CONTRACT ROUTIN-G7 NUMBER CONTRACT ` THIS CONTRACT, made this 1st day of July 1993 , by and between the State of Colorado for the use and benefit of the Department of Health 4300 Cherry Creek Drive South, Denver, Colorado, 80222-1530 hereinafter referred to as the State and Weld County Health Department 1517 16th Avenue Court, Greeley, Colorado 80631 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law, and Funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 246, APPR code 795, Contract Encumbrance Number FMA HFD940327 and WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and Whereas the Contractor and the State mutually agree that the services of approved public health staff, under the administrative oversight of the Contractor, are the most efficient and effective way of providing the desired services as herein set forth, Now Therefore, it is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows: 1. The Contractor shall provide, through the services of approved public health staff, services which include the annual resurveys of personal care boarding homes and the investigation of complaints lodged against personal care boarding homes. The State shall retain responsibility for surveys and complaint investigations in alternative care facilities and residential treatment facilities for the mentally ill; 2. Minimal contract fulfillment for this contract period shall include the following activities: a) resurveys and all associated monitoring of personal care boarding homes in Weld and Larimer Counties following all relevant rules, regulations, guidelines, forms, and procedures as detailed on Attachment 1, by this reference incorporated herein. The State will keep the Contractor apprised of additions, deletions, or changes in the regulations covering personal care boarding homes; b) investigation of complaints lodged against personal care boarding homes in Weld and Larimer Counties following the complaint procedures established by the State Health Facilities Division as detailed on Attachment 2, by this reference incorporated herein; and c) notification by the Contractor of the local ombudsman of each survey upon entering a facility for inspection. 3. All correspondence, notifications, or recommendations required hereunder shall be addressed to the individuals at the addresses herein set forth: Mr. John Pickle Weld County Health Department Director, Environmental Protection Services 1517 16th Avenue Greeley, Colorado 80631 LS :0110 L I fl0N £6 3 1)1",1311 G:\CONTWELD.DOC Page 1 of b Pages '@ Lfa3a 931954 Colorado Department of Health Health Facilities Division Residential Program Administrator 4300 Cherry Creek Drive South Denver, Colorado 80220-1530 4. The State shall, in consideration for said services and reporting by the Contractor, cause to be paid to the Contractor an amount not to exceed $8,745.00. Reimbursement shall be made at the flat rate of $265.00 per facility survey for all facilities listed on Attachment 3 and shall include investigation of all complaints against the facility occurring within the contract period, payable upon submission of deficiency reports to the facility operator and the State. Payment shall be made for services as identified below: a) all survey and monitoring activity necessary to determine the facility's compliance with the State's licensure regulations and b) investigative activities necessary to resolve all complaints against the facilities listed on Attachment 3 occurring within the contract period. Resolution included following the complaint procedures on Attachment 2. 5. Reimbursement shall be made upon receipt of signed monthly billings, submitted in duplicate, requesting reimbursement. Billing shall include names of facilities surveyed or complaints investigated, dates, amount, and totals requested. The Contractor shall submit with each monthly billing for reimbursement (if not before) copies of the following documents for State facility files maintained pursuant to statute: completed survey forms, deficiency lists, and plans of correction. Also to be submitted are copies of cover letters and transmitting correspondence to and from facilities. Reimbursement shall be contingent upon affirmation of the State of full and satisfactory compliance with the terms of this contract. 6. The State may, in order to facilitate training in survey and revisit procedures and monitor the performance of the Contractor, participate in survey activity with the Contractor. 7. In order to allow for timely processing of reimbursements to the counties and facilitate the State's fiscal year- end accounting processes, surveys should be performed prior to April 30, 1994. However, all surveys and investigations must be completed during the contract period. 8. The Contractor and the State shall adhere to the following procedures: a) Unlicensed facilities: The Contractor will immediately notify the State of facilities conducting business without the necessary license; b) Licensed facilities: The Contractor shall submit all relevant information to the State for state licensure enforcement action as indicated. While necessary enforcement actions will be the responsibility of the State, the Contractor's staff may be called upon to support the documentation of their findings. 9. The term of this contract is from July 1, 1993 to June 30, 1994, and shall include the facilities listed on Attachment 3, by this reference herein. 10. Changes in total reimbursement amounts for the above-named services in consideration of increased or decreased workload accomplished shall be made by a mutually signed letter of approval which shall serve as an amendment, and shall include the following: a) identification of contract by contract number and number of affected paragraph; b) amount of increase or decrease in funding and new contract total; c) effective date of the funding change; and d) authorized signatures of the Health Department, the Contractor, and the State Controller. It is understood that no change except in funding amount shall be made through letter of approval. Page 2 of 6 Pages 931054 COLORADO DEPARTMENT OF HEALTH- hereinafter, under the General Provisions referred to as, "Health". GENERAL PROVISIONS -- page 1 of 2 pages 1. The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income tax withholding. shall provide and keep in'force worker's compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by. law. Contractor will be solely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract. 2. Contractor authorizes Health, or its agents, to perform 'audits and to make inspections for the purpose of evaluating performance under this contract. 3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. - 4. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 5. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of: a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable; b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs; - c) the Davis-Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC 276A-276A-5) . This act requires that all laborers and and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor; d) 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination. in any program or activity funded, in whole or in part, by federal funds; and Page 3 of 6 Pages Rev. 06/01/92 931051 GENERAL PROI/ISIONS--Page 2 2 pages e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 -- 12213 and 47 USC 225 and 47 USC 611. - f) if the contractor is acquiring real property. and displacing households or businesses in the performance of this contract, the contractor is in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256) ; g) when applicable, the contractor is in compliance with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule) . 6. By signing and submitting this contract the contractor states that: a) the contractor is in compliance with the requirements of the Drug-Free Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 USC 701 et seq. ) ; b) the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 7. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by Health within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly payment statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in federal funds in the aggregate from Health, Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit an annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21 or A-122. Contractor agrees to furnish one copy of the audit reports t9 the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with federal laws and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract t '2 --rC contain federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency., Page 4 of (o. Pages Rev. 06/01/92 9 115.1 • SPECIAL PROVISIONS CONTROLLER'S APPROVAL I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2.Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4.To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State, its employees and agents, against any and all claims, damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended,and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action,dated April 16. 1975.Pursuant thereto,the following provisions shall be contained in all Stare contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: - , (a)The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status,religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following: employment upgrading,demotion,or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training,including apprenticeship.-The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental o'r physical handicap, or age. • (c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975.and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of sere,creed,color, sex,national origin,or ancestry. (f)A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with.the provisions of this contract or any order issued thereunder,or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. Form 6-AC-02B - Revised 1/93 395-53-01-1022 page .5 of pages - • • 931054 (g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders, this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975.or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law. (h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a.Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and arc financed in whole.or in part by State funds. b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8.19-101 and 102) GENERAL 7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established. 9.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office), and that no violation of such provisions is present. 10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) Weld County Health Department STATE OF COLORADO ROY ROMER,GOVERNOR W d County Board of Cgmmissioners sGv By * t c.i tr.. for 10/13/93 •s DIRECTOR Position(Title) Chairman 84- 00813 see 'city N a amber DEPARTMENT If Corporation:) ! OF HEALTH Attest(Seal) i! / V cL �Z�"^�! BY , , ��� / Weld County Health Department aC k to Board SZ Q n By: APPROVALS -,- - "T���41�,�; farf ATTORNEY GENERAL CONTROLLER . IPi'F!!1ct'ilkopies o₹tt,'3 By By ty 3Vf t0y ZCCfCt`d Form 6-AC-02C Revised 1/93 Page 6 2r1dNNsmted»i of pages 315-53-01-1030 'See instructions on reverse side. PROGRAM APPROVA ATTACHMENT 1 Procedure for Conducting Personal Care Boarding Home Inspections 1 . Colorado Department of Health, Health Facilities Division (State) , provides the Local Health Department (Contractor) with a list of all personal care boarding homes in the county contract, including the number of beds, administrator, and license expiration date, at the time the contract is submitted to the Local Health Department for approval . 2 . State sends a license renewal packet to each facility 90 days prior to the license expiration date. A copy of the cover letter sent with the renewal forms will be sent by the State to the Contractor with the monthly status report. Contractor will notify the State in writing at least 45 days in advance of the expiration date if the Contractor has reasons to request a delay in processing the license. In the event of timely notification, the decision to renew or deny the license will be made by the State with the input from the Contractor. 3 . Contractor surveys on a cyclical basis as determined by workload requirements, with all surveys being performed within the contract period. 4 . Following the annual inspection, the Contractor shall prepare a cover letter and a Deficiency List as appropriate and send this list to the facility within 10 calendar days of the survey date. Contractors with a computer system that is compatible with that. of the State will be trained to complete survey forms and documentation using the State' s system. 5 . The facility has 10 calendar days from the date on the cover letter submitted with the Deficiency List to submit a plan of correction (POC) . The POC must include a specific response to each deficiency and a completion date for the corrections. Completion dates should not exceed 60 days from the date of the survey. Surveyor review shall, be completed within 7 calendar days of receipt of the POC to determine its acceptability, and up to an additional 10 days is allowed for interaction with the facility to obtain an acceptable plan. Surveyor discretion may be used in cases where the facility demonstrates that sufficient progress has been made in correcting the deficiencies (the facility may provide bids, purchase orders, written time frames, etc. to demonstrate progress) . 6 . Within 5 calendar days of receipt of a POC acceptable to the Contractor, a copy of the Deficiency List and the POC shall be sent by the Contractor to the State Residential Program, Att: Jo Ann Lingk, Health Facilities Division, Colorado Department of Health, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530 . 1 93105' 7. The Contractor shall conduct revisits to the surveyed facilities as needed at the discretion of the Contractor. 8. The State has the discretion to modify time frames at the request of the Contractor. 9. On a monthly basis, the State notifies the Contractor in writing of pending applications, completion of initial surveys, newly licensed facilities, pending renewals, and results of surveys within the county or the contract service area. In addition, the State will notify the Contractor of changes in policies and procedures, if any, as part of the monthly status report. 10. The State is responsible for conducting an on-site initial survey for new applicants to the personal care boarding home program. 11. Our Medical Social Consultant, Terry Zamell can be contacted at (303) 692- 2884 for consultation. In an emergency, the receptionist at the main desk can be contacted at (303) 692-2800 to forward information to the appropriate individual. 12. The State will call the Contractor whenever in the contract service area for investigations, fire safety inspections, surveys, or revisits. 14. Contractor will notify the State of facilities conducting business without a necessary license and supply documentation for appropriate enforcement actions. Attachment 1 (cont. ) 2. el 2,, 93105.' z ATTACHMENT 2 Complaint Investigation Procedures If a complaint on a Personal Care Boarding Home is received by the Colorado Department of Health, the caller will be referred to the appropriate Local Health Department to file their complaint. If the complaint is received by letter at the Colorado Department of Health, the letter will be sent to the Local Health Department for investigation. 1) When a complaint is received by the Local Health Department, it should be immediately acknowledged on the letterhead of the Local Health Department . 2) The complaint should be prioritized. If it is life- threatening, it needs to be investigated in 48 hours. Other complaints should be prioritized according to the seriousness of the , complaint and investigated as appropriate. 3) When Local Health Department investigators go to the facility to investigate the complaint, they go unannounced at the appropriate time of day or night as determined in the time frame identified in the complaint. They have access to the facility twenty-four (24) hours a day. 4) During the course of the investigation, the investigator will interview the appropriate resident, family member(s) and/or staff, review the records if appropriate, make rounds to observe care, staff/resident interactions, dietary or environmental concerns, staff, or anything else appropriate to the complaint. If the resident has been hospitalized, the hospital record is reviewed and the patient is observed and interviewed at the hospital. 5) At the conclusion of the investigation, a brief Exit Conference is conducted with the appropriate staff of the facility. 6) After the investigation is concluded, an investigation report will be prepared within ten days. Each allegation is addressed individually and the appropriate findings are written for it. A determination is made as to the validity of each allegation. The allegations may be found to be: a. Valid b. Partially valid c. Not valid d. Unable to be verified e. Valid with cause 7) If any of the regulations have been violated, a Deficiency List is prepared citing the appropriate concerns. It is sent to the facility with the appropriate cover letter. c--f 2.. 93105.13 8) The Plan of Correction is returned to the Local Health Department by the facility, and the Local Health Department reviews it to determine if it is acceptable. The proper forms are filled out and are sent to the Colorado Department of Health. If necessary, the Local Health Department conducts a revisit to the facility as part of the complaint investigation to determine if the Plan of Correction has actually been implemented. 9) At the conclusion of the investigation, a call is placed to the complainant to notify him/her of the results of the investigation, and a follow-up letter is sent to the complainant to provide written notification of the investigation results. 10) When the investigation has been concluded and the complainant has been notified, the complaint information is sent to the Colorado Department of Health. It should be sent to Terry Zamell who administers the Residential Care Facilities Program. 11) Terry Zamell will review the material to determine if appropriate deficiencies have been written. If the material submitted is not complete it will be returned to the local agency for completion. If it is complete, it will be entered into the Colorado Department of Health' s computerized complaint system. 12) If there are any questions regarding this procedure they should be clarified by Terry Zamell, the Administrator for the Residential Care Facilities Program at the Health Facilities Division of the Colorado Department of Health, telephone number (303) 692-2884 . Attachment 2 (cont. ) Z 931054 y ATTACHMENT 3 PCBH PROVIDERS BY COUNTY HFD DATA SYSTEMS LARIMER COUNTY HFD ID TYPE FACILITY NAME ADDRESS CITY LIC LIC LAST BEDS EXPIRES SURVEY 230344 PCBHONLY AUTUMN HOUSE I 2115 EAGLE DRIVE LOVELAND 6 04/21/94 01/02/93 2303A1 PCBHONLY AUTUMN HOUSE II 2127 EAGLE DRIVE LOVELAND 5 05/26/94 01/20/93 230365 PCBHONLY EDEN VALLEY LIFESTYLE VILLAGE 6263 N COUNTY ROAD 2 LOVELAND 15 06/22/94 01/06/93 230350 PCBHONLY ELDERCARE NORTH 3041 WHITE ELM DRIVE LOVELAND 8 02/05/94 03/24/93 230349 PCBHONLY ELDERCARE SOUTH 1633 RANAE DRIVE LOVELAND 8 02/05/94 04/02/93 230305 PCBHONLY EVERGREEN HOME 1829 KINNISON DRIVE FORT COLLINS 5 04/17/94 02/09/93 230329 PCBHONLY FT COLLINS GOOD SAMARITAN RET VIL 508 WEST TRILBY ROAD FORT COLLINS 6 02/16/94 04/23/93 230360 PCBHONLY FRIENDSHIP HOMES 1312 EAST PITKIN ST FORT COLLINS 3 07/16/94 04/22/93 230345 PCBHONLY HERITAGE HAUS 208 19TH STREET S E LOVELAND 12 04/20/94 02/04/93 230373 PCBHONLY LOVELAND GOOD SAMARITAN VILLAGE 2101 S GARFIELD AVE LOVELAND 40 05/06/94 01/06/93 230386 PCBHONLY PINE VALLEY, INC 238 EAST RIVERSIDE DR ESTES PARK 5 06/02/94 02/16/93 230387 PCBHONLY PRIMROSE PLACE 541 EAST 3RD STREET LOVELAND 3 07/07/94 11/18/92 2303A2 PCBHONLY SANCTUARY, THE 231 WEST 4TH STREET LOVELAND 11 02/22/94 01/06/93 230399 PCBHONLY SEXTON'S BOARD AND CARE 3835 GOODELL LANE FORT COLLINS 3 02/16/94 12/12/91 230314 PCBHONLY SHAMROCK MANOR 2711 SOUTH TAFT HILL FORT COLLINS 8 12/19/93 01/05/93 230321 PCBHONLY SIERRA VISTA 821 DUFFIELD COURT LOVELAND 10 04/08/94 11/18/92 230326 PCBHONLY SILVER HARE BOARD 'N' CARE 2320 W PROSPECT ROAD FORT COLLINS 5 12/14/93 05/20/93 230376 PCBHONLY SPLIT RAIL MANOR 1109 GREENBRIAR DRIVE FORT COLLINS 8 01/24/94 02/09/93 2303MZ PCBHONLY TLC BOARD AND CARE 3131 COLONY DRIVE FORT COLLINS 3 05/31/94 05/18/93 230334 PCBHONLY WINDCHIME COURT 811 EAST MYRTLE FORT COLLINS 19 02/16/94 01/05/93 WELD COUNTY HFD ID TYPE FACILITY NAME ADDRESS CITY LIC LIC LAST BEDS EXPIRES SURVEY 230310 PCBHONLY BERNEITA'S BOARD AND HOME CARE 1605 11TH AVENUE GREELEY 12 11/01/93 12/02/92 230327 PCBHONLY BONELL GOOD SAMARITAN CENTER 708 22ND STREET GREELEY 41 02/04/94 05/27/93 230362 PCBHONLY ELIZABETH & JOE'S TLC 611 18TH STREET GREELEY 5 03/09/94 03/04/93 230333 PCBHONLY GRAYCARA 195 GANDY AVENUE KEENESBURG 11 07/07/94 03/11/93 230374 PCBHONLY GRAYCARA WEST 3705 CARSON AVENUE EVANS 9 07/11/94 05/28/93 230307 PCBHONLY HALFWAY HOME FOR THE ELDERLY #1 601 28TH AVENUE GREELEY 3 04/21/94 12/29/92 230315 PCBHONLY LORETTA & GARY'S GUEST HOME 1429 14TH STREET GREELEY 6 08/16/93 10/28/92 230304 PCBHONLY R & L BOARD AND CARE 1845 11TH AVENUE GREELEY 15 06/10/94 11/18/91 230317 PCBHONLY TRIANGLE CROSS RANCH I 24823 FIRST STREET GALETON 4 06/14/94 02/12/93 230343 PCBHONLY TRIANGLE CROSS RANCH II 36049 WELD CNTY RD 5 GALETON 4 05/08/94 02/12/93 230355 PCBHONLY TRIANGLE CROSS RANCH III 36051 WELD CNTY RD 5 GALETON 4 05/08/94 02/12/93 2303E8 PCBHONLY TRIANGLE CROSS RANCH IV 36053 WELD CNTY RD 5 GALETON 4 01/04/94 11/10/92 230372 PCBHONLY WAREHIME BOARD AND CARE 1429 12TH AVENUE GREELEY 4 02/05/94 05/11/93 93105.15- mEmoRAnDum row Constance L. Harbert, Chairman , To Board of County Commissioners Date October 4. 1993 COLORADO From inhn S. Pickle. Director. Weld County Health Dept. Subject: Percnnal Care Rnarding Home Contract - Continuation Enclosed for Board approval is a contract between the Weld County Health Department and the Colorado Department of Health for the Personal Care Boarding Home Program. The Weld County Health Department (WCHD) will be responsible for annual inspections of 13 facilities in Weld County and 20 facilities in Larimer County. WCHD will also be responsible for investigating complaints for the facilities in Weld and Larimer Counties. The Health Department will not be obligated to expend more than four hours on each complaint investigation. For these services the Health Department will receive an amount not to exceed $8,745. Reimbursement shall include a flat rate of $265 per personal care boarding home facility survey (33 facilities x 265 = $7,750) . We feel this is a valuable service for a critical public health population, the elderly that cannot care for themselves. We would recommend the continuation of this program, and approval of this contract. The term of the contract shall be from July 1, 1993 to June 30, 1994. If you have any questions, please feel free to contact me. 931c,4 Hello