Vermont Contract With Prison Health Services Amendment2 2006
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STATE OF VERMONT CONTRACT APPROVAL REQUEST -Foem AA-14 (Rev 2/94) Contract # 7891 Change # 2 I. GENERAL INFORMATION AgencylDepartment: AHS/Department of Corrections Contractor: Prison Health Services, Inc Address: 105 Westpark Drive, Suite 200, Brentwood, TN 37027 Fed. !D or Socia! Security #: 23-2] 08853 VT Dept of Taxes Business Acct #: F-26619 (if required by law) Start Date: February 1,2005 End Date: January 31, 2008 Summary of contract or amendment: Changes to Attachments to Staffing Matrix "H" and Coverage Standards in Matrix "K"; agreements regarding penalties for" no shift left uncovered"; II. FINANCIAL INFORMATION Maximum arnt. payable under contract: I f amendment, amount of change: $29,534,793.00 Ifrenewal prior contract # Prior Maximum Amount: $29,534,793.00 Rate; Prior Rate: Source of Funds: Gen. Fund 100 % Fed. Source % Other Finance Codes (Appropriation and AID #): 3480004010 03520 Vendor Number: 182150 % Source III. SUITABILITY OF PERSONAL SERYICES CONTRACT 1:8] Yes D No Does this contract include any supplies, materials, parts or commodities? 1:8] Yes D No Does this contractor meet all three parts of the "ABC" definition of independent contractor? (See Bulletin 3.5). If not, please indicate why this work is being arranged through a contract. DYes DYes 1:8] No ]s agency liable for income tax withholding or F.l.C.A.? 1:8] No Should contractor be paid on the state payroll? IV. PUBLIC COMPETITION The agency has taken reasonable steps to control the price of the contract and to allow qualified businesses to compete for the work authorized by this contract. The agency has done this through: Formal bid or RFP D Simplified bid process Other process (explain) EBB #: CO I37 Renewal #: V. CONFLICT OF INTEREST I celiify that no person able to control or influence award of this contract had a pecuniary interest in its award or perfonnance, either personally or through a member of his or her household, family, or business. DYes [8J No Is there an "appearance" of a conflict of interest so that a reasonable person may conclude that this contractor was selected for improper reasons? (lfyes, explain) VI. PAYMENT VERIFICATION D Yes ~ No J want the Financial Operations Division to verify that payments under this contract agree with its payment provisions. If I check llNO", I understand that my agency must insure that payments made are in accordance with the provisions of the contract. VB. PRIOR APPROVALS REQUIRED OR REQUESTED 1:8] Yes D No This contract must be approved by the Attol11ey General under 3 VSA § 311 (a)(1 0) (over $10,000) (1:8] YesD No Already performed by in-house A.A.G.?) 1:8] Yes D No I request the Attorney General to review this contract as to form. (1:8] Yes D No Already performed by in-house A.A.G.?) 1:8] Yes D No This contract must be approved by the Secretary of Administration. I 'u1]S~o--f'tli'e above information. 2 Rev. 02/04/99 AMENDMENT It is agreed by and between the State of Vermont, Department of Corrections (hereafter called "State") and Prison Health Services, Inc., a Delaware corporation with its principal office in Brentwood, TN (hereafter calied "Contractor") that contract # 789 I dated 211105 between said State and Contractor is hereby amended as follows: I) Attachment A, Contract For Services, Specifications Of Work To Be Performcd, Chapter III., Personnel Services, Section A., Overview, page 26, Subscction a., is amended as follows: a. Thc health care statr currently classified as Vermont State Employees assigned to the State Correctional facilities will be permitted to retain their state employment status. The State and Contractor shall comply with the terms of the Stipulation and Agreement between the State and the Vermont State Employees Association, dated luI 31, 1996, incorporated here by reference. It is expressly understood and agreed that the Contractor is not a party to nor obliged to any contract or agreement with and between the State of Vennont and the Vermont State Employees Association. The state agrees to waive any and all penalties related to staffing for one or more positions designated as being filled by a State employee in the event of a work action or stoppage by the Vermont State Employees Association. 2) Attachment A, Contract for Services, Specifications of Work to bc Performed, Chapter V., Administrative Services, Section Q., Performance Guarantees, the last paragraph of Subsection e., page 51, under "staffing standards and coverage", is amended as follows: e. Contractor must also ensure that no shift is left uncovered. The definition of a shift is 8 hours. Contractor may, at its discretion and cost, fill clinical positions with higher practice level professionals without penalty or increased cost to the DOC. In those instances where an RN or LPN is permitted to cover a shift as outlined in Schedule K, Contractor agrees to reimburse the DOC for the reduction in cost to till RN posts with LPN's. Clinical staff cannot be asked to operate outside of their scope of practices to cover a shift. Failure by the Contractor to cover a shift will result in a penalty of $1 ,000.00 for each uncovered (vacant) shift. Attachment K - Staffing Coverage Standards reflects the minimum staHing required by facility, by shift, by type of clinical staff for Contractor to avoid a penalty under this provision. In the event Contractor provides nursing coverage for a portion of a shift, i.e., 2.5 hours of an 8 hour shift, Contractor shall be assessed a penalty of $125 per hour per day for each shift partially covered. It is further agreed that Contractor will maintain a nursing presence at all times in all facilities, 24 hours a day, 7 days a week, 365 days per year as specified in Attachment H. Under this amendment, this results in the addition of the following staffing hours: • 72 hours/week at Dale Correctional Facility • 72 hours/week at Northeast (for joint evening coverage of Caledonia Work Camp and Northeastern Correctional Facility) • 16 hours/week at Marble Valley (LPN) • 24 hours/week at Southeast Correctional Facility (LPN) • 40 hours/week at Southern State Correctional Facility (LPN) Recognizing that demand for nursing coverage is subject to change as the mission, size and role of the specific DOC institutions change; it is in the interest of DOC and the Contractor to have flexibility in responding to these demands. To insure that staff assignments match the clinical and/or administrativc 3 need of each site, and that staff are optimally deployed throughout the state, the DOC may, at its discretion, permit minor modifications within the framework of the Staffing Matrix (Attachment H) without amending the full contract provided there is no substantial financial impact. These modifications will be agreed to by both parties in writing. It is within the sole discretion of the DOC to determine what constitutes substantial financial impact. Nurse Practitioners, Physicians, Dentists, Dental Hygienists, Physician Assistants are expected to maintain a regular schedule. Recognizing that demand for medical services fluctuates, it is in the interest of DOC and the Contractor to have flexibility in responding to these demands. Understanding that clinical demand may result in fluctuations in the number of hours to be spent at a given site on a particular day, DOC reserves the right to waive those penalties related to uncovered shifts that might otherwise be incurred in accordance Section Q, Performance Guarantees, paragraph e., Staffing Standards and Coverage. 3) Attachment H, Staffing Matrix, and Attachment K, Staffing Coverage Standards are both amended by deleting them in their entirety and replacing them with the revised Attachment H and Attachment K, attached hereto. 4) Attachment B, Payment Provisions, Section (1), Base Payment is amended by adding the following additional provisions: In consideration of the staffing adjustments contained in this amendment, the State agrees to pay the Contractor an additional sum of $29,659.14 per month. Insofar as many of the staffing adjustments contained herein have already been implemented in anticipation of this amendment, the State agrees to pay the Contractor an initial sum of$59,318.28 ( 2 months) upon execution of this amendment and receipt of invoice. Except as modified by this above amendment, and any and all previous amendments to this contract, all provisions of this contract # 7891 dated 2/1/05 shall remain unchanged and in full force and effect. The effective date of this amendment is ]0101/06. STATE OF VERMONT AGENCY OF HUMAN SE VICES APPROVED AS TO FORM: DEPART Date: NTIOORR 'eTIONS /1111; /01" J 7 (Please PRINT Signature) APPROVED AS TO FORM 4 bYLEG~L~7 ---SBS'~~ Attachment H - Staffing Matrix I A. CORRECTIONAL FACILITIES SUMMARY - HOURS PER WEEK PER POSITION . , . ~ , Dale Marble Vallev :1 I II! iPhvsicians !Physician Assistant INurse Practitioner Registered Nurse ILicensed Practical Nurse ILicensed Nurses Aide IDentisF IDental AssistantS Dental Hygienist Med Sec/ Admin. Program Manager Total Hours PHSR . 10m Vermont Reg. Director Senior Program Manager ,I Patient Advocate .... Caledonia Chittenden I HTotal Northern NE Southern I State State Regional NW State SE State ours 2 4 0 40 02 0 0 0 0 0 0 46 10 0 20 80 208 112 18 18 0 0 40 506 6 0 8 96 1 128 3 0 0 0 0 0 24 262 8 8 0 40 1684 0 0 0 0 0 40 264 16 16 0 112 192 0 30 30 0 30 40 466 6 12 0 40 224 5 0 0 0 0 0 40 322 16 12 0 40 224 0 18 18 0 0 40 368 8 0 12 40 152 6 0 0 0 0 0 24 236 20 0 24 376 320 9 112 30 30 0 80 40 1032 92 52 64 864 1616 224 96 96 0 110"0 288 11 3502 0 0 0 0 40 40 40 120 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.• 40 40 40 120 IVUA). ...., • .1.1......... iTotal Hours Replaces 16 hours weekend RN coverage \vith LPN hours Eliminates 4 hours/week evening LPN shift (total reduction 28 hours) 3 Adds 72 hours LPN coverage 4 Adds 16 hours LPN coverage Adds 72 hours LPN joint coverage 6 Adds 24 hours LPN coverage 9 Adds 40 hours LPN coverage 7 Dentist hours are reported in the three facilities where services are rendered: Chittenden, Northern, Northwest and Southern, but include hours designated to deliver services to inmates at all nine DOC facilities. 8 Dental Assistant hours are reported in the three facilities \vhere services are rendered: Chittenden, Northern, Northwest and Southern, but include hours designated to deliver services to inmates at all nine DOC facilities. ,-D Eliminates 50 hours Admin coverage '-l Adds 128 hours Program Manager coverage 1 2 5 I I I B. INDIVIDUAL FACILITIES 1.), Caledonia POSITION MON TUE WED THU FRI SAT SUN TBS' HRSI WK DAYSHIFT Medical Director Dentist Dental Assistant Physician Assistant Program Manager IAdministrative Ass't IRegistered Nurse Licensed Practical Nurse Licensed Nursing Ass't I 2 2 8 8 2 8 8 8 2 0 0 4 0 0 40 0 a TOTAL HOURS/DA Y 46 EVENING SHIFT r;; . Il~egistered Nurse a a a Licensed Practical Nurse Licensed Nursing Ass't TOTAL HOURS/EVENING 0 NIGHTSffiFT a a a Registered Nurse Licensed Practical Nurse Licensed Nursing Ass't .TBS TOTAL HOURSjNIGHT TOTAL HOURS/WEEK =: To be scheduled 6 0 46 2.) Chittenden ~ POSITION II I~I~ =r Medical Director Dentist Dental Assistant Nurse Practitioner Program Manager Administrative Ass't Registered Nurse ,Licensed Practical Nurse Licensed Nursing Ass't ! MON J TUE[WED .. 9 9 8 8 8 16 8 .. 5 9 9 8 8 16 8 8 16 8 8 16 8 8 16 8 8 8 TOTAL HOURS/ VA Y 8 8 8 8 8 8 8 8 8 8 TOTAL HOURS/ EVENING . 8 8 8 _ 8 8 8 8 8 7 I I 8 TOTAL HOURSjNIGHT TOTAL HOURS/WEEK = To be scheduled ~ 10 18 18 20 40 0 40 96 56 298 40 56 56 152 •.. -_.. *Tss 8 8 [TB~' I ':~' .. 8 8 8 I!:GHT SHIFT . SUN 8 .. 8 8 8 [ 4 8 .• Registered Nurse ILicensed Practical Nurse Licensed Nursing Ass't FRI]~AT 8 8 EVENING SHIFT IL-~·· I. .. DAY SHIFT 5 . ,Registered Nurse / L P ,-.) Licensed Practical Nurse !Licensed Nursing Ass't 1 THU 8 0 56 0 56 506 3.) Dale I ! POSITION .. [ ] . MON] TUE [WED [THU [FRI DAYSHfFT Medical Director Dentist Dental Assistant Nurse Practitioner Program Manager Administrative Ass't 'Registered Nurse ILicensed Practical Nurse ILicensed Nursing Ass't I SAT I SUN I ~~II [TBS* 6 8 8 4 8 8 8 8 8 8 II . 6 0 0 8 24 0 40 72 0 4 8 8 8 8 8 16 16 150 TOTAL HOURS/ DA Y . EVENING SHIFT .. Registered Nurse or LPN Licensed Practical Nurse . 8 8 8 8 8 8 56 8 limed bed filled, need 2nd LPN Licensed Nursing Ass't 0 TOTAL HOURSjEVENING . 56 I I ,INIGHT SHIFT I - - IRegistered Nurse 0 Licensed Practical Nurse 8 8 8 8 8 Licensed Nursing Ass't , . = To be scheduled 8 56 0 TOTAL HOURS/ NIGHT TOTAL HOURSjWEEK I .TBS 8 limed bed filled, need 2nd LPN .• 8 .. . . 56 262 4.) Marble Valley CP~SITION I MaN THU I F~I 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 J SAT I sUN] TB~' [~~ll 8 0 0 8 40 0 40 8 56 8 0 TOTAL HOURSjDAY . .~. [ WED I DAY SHIFT 8 Medical Director Dentist ,Dental Assistant IPhysician Assistant 'Program Manager ,Administrative Ass't Registered Nurse ILicensed Practical Nurse (Filled bV RN as of2/1/05) ,Licensed Nursing Ass't ,, I TUE ] ~ .. 152 EVENING SHIFT ~ Registered Nurse Licensed Practical Nurse (Filled bV RN as 0(2/1/05) Licensed Nursing Ass't 0 8 8 8 8 8 8 8 0 TOTAL HOURSjEVEN1NG , 56 NIGHT SHIFT a IRegistered Nurse I Licensed Practical Nurse 8 8 8 8 8 8 8 I 56 a ILicensed Nursing Ass't L 56 TOTAL HOURSjN1GHT TOTAL HOURSjWEEK ~ ~ *T88 = To be scheduled 9 56 264 .. 5.) Northern State POSITION MON TUE .• ..• _... . WED THU 8 8 8 8 8 8 8 DAY SHIFT 8 8 6 8 6 8 8 8 8 6 6 6 6 6 8 8 8 8 8 8 16 16 16 fl I .: ILicensed Practical Nurse ILicensed Nursing Ass't 8 8 TBS' HRSI WK 16 30 30 16 40 30 56 80 a 8 8 8 8 EVENING SHIFT 8 8 8 8 298 •. 8 8 56 56 TOTAL HOURSjEVENING 112 . 8 8 8 8 a , NIGHTSH/FT . Registered Nurse Licensed Practical Nurse (Filled b1{ RN as of 2/1/05) Licensed Nursing Ass't 8 8 TOTAL HOURSjDAY .. ,I SUN 8 8 I~ II SAT .•. Medical Director Dentist Dental Assistant Physician Assistant Program Manager ,Administrative Ass't Registered Nurse Licensed Practical Nurse Licensed Nursing Ass't IRegistered Nurse.l. FRI a 8 8 8 8 8 8 8 56 a TOTAL HOURSjNIGHT TOTAL HOURS/WEEK .. .. *TBS = To be scheduled 10 56 466 6.) Northeast R.. .. . " POSITION l . MON [T~E [ WED] THU [ F~IISAT·I SUN DAY SHIFT .. 6 6 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 I I HRSI WK ~I 6 0 0 12 40 0 40 6 Medical Director Dentist Dental Assistant Physician Assistant Program Manager Administrative Ass't 'Registered Nurse Licensed Practical Nurse (Filled by RN M-F (40 Itrs) as of j [TSS- 8 8 56 2/1/05) 0 154 Licensed Nursing Ass't TOTAL HOURSjDAY II EVENING SHIFT -I 0 Registered Nurse / . ,) i ) Licensed Practical Nurse (Filled bV RN as of2/1/05) Licensed Nursing Ass't 16 16 16 16 16 16 16 112 0 .. TOTAL HOURSjEVENING - NIGHT SHIFT I, ._. IRegistered Nurse ILicensed Practical Nurse 8 8 8 8 8 8 8 Licensed Nursing Ass't TOTAL HOURS/-NIGHT TOTAL HOURS/WEEK . *TBS = To be scheduled I1 112 . 0 56 0 56 322 7.) Northwest State [ . POSITION [ ~~ TU.E [WED I THU. DAYSH/FT Medical Director Dentist Dental Assistant Physician Assistant Program Manager Administrative Ass't Registered Nurse I Licensed Practical Nurse !Licensed Nursing Ass't 9 9 SAT J SUN I T8S' . D:~I I I I 8 9 9 [FRI I 8 16 18 18 12 40 0 40 8 6 8 8 6 8 8 8 8 8 8 8 8 8 8 8 8 8 8 56 0 I TOTAL HOURSjDA Y -..- II .. 200 IIEVENING SHIFT , ~. . Registered Nurse ;> i Licensed Practical Nurse Licensed Nursing Ass't 0 16 16 16 16 16 16 112 0 TOTAL HOURSjEVENING •. . 1-·· I .. 112 NIGHT SHIFT IRegist~red Nurse . Licensed Practical Nurse ILicensed Nursing Ass't 0 8 8 8 8 8 •.. 8 8 56 0 TOTAL HOURSjNIGHT TOTAL IIOURS/WEEK I L.... 16 .. *TBS = To be scheduled 12 56 368 8.) Southeast State POSITION ._... . . ry~N [~UE [~:roTTHU 4 Medical Director Dentist Dental Assistant Nurse Practitioner Program Manager Administrative Ass't Registered Nurse Licensed Practical Nurse Licensed Nursing Ass't HRSI WK TBS* 4 6 0 0 12 24 0 40 40 0 124 6 8 8 8 8 8 8 8 8 8 8 8 8 8 8 TOTAL HC?URSjDAY .. EVENING SHIFT IR~gistered Nurse Licensed Practical Nurse ,Licensed Nursing Ass't SUN DAY SHIFT IL...-... L [F~SA~ 8 8 8 I 8 --_... 8 8 8 TOTAL HOURS/EVENING •. I ._.- .. 0 56 0 56 i NIGHT SHIFT . 'Registered Nurse Licensed Practical Nurse Licensed Nursing Ass't 8 8 8 8 ! 8 8 TOTAL HOURSjNIGHT TOTAL HOURS/WEEK L . *TBS = To be scheduled 13 8 _..... ~~ ..- 0 56 0 56 236 9.) Southern State . I M~;rTUE POSITION I 1[. .. r WED [ THU I FRI [SA~ ..• SUN TBS* HRSI WK DAY SHIFT IMedical Director 4 8 8 8 8 16 16 24 8 8 ,Dentist IDental Assistant Nurse Practitioner IProgram Manager IMedical Records Clerk Registered Nurse Licensed Practical Nurse Licensed Nursing Ass't RN - Infirmary C· I;;GH~SHIFT -_.. ~ 4 6 6 4 8 8 16 16 24 8 8 8 16 16 24 8 8 8 16 8 8 8 16 8 8 TOTAL HOURSjDAY . . 20 30 30 24 40 80 96 152 56 56 584 EVENING SHIFT 8 16 8 8 •.. •. 8 16 8 8 8 16 8 8 8 16 8 8 8 16 8 8 8 16 8 8 8 16 8 8 TOTAL HOURSjEVENING . _... 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 TOTAL HOURSjNIGHT TOTAL HOURS/WEEK .. ..• *TBS ::::: To be scheduled 14 I II 56 112 56 56 280 . IRegistered Nurse Licensed Practical Nurse Licensed Nursing Ass't RN - Infirmary!' .!) II •. 4 8 8 8 8 16 16 24 8 8 8 16 16 24 8 8 ... Registered Nurse ILicensed Practical Nurse Licensed Nursing Ass't RN -Infirmary ILl'!) .. 4 8 8 56 56 0 56 168 1032 II II Attachment K Staffing Coverage Standards Shift D_ay I Caledonia I Chittenden I Dale I Marble Valley I Northern State Title IHonrs/ Title Hours Title Hours/ Title Hours Title Hours I Week /Week Week /Week /Wee -~~ +~~ -~£-t--:o --i----r---.-..l=-! = t~~t~rl--~~ F4~ If--- ..... -'-------.~ Evening .__... 4~~;~F k ~~! :0 --.. ~~ _@Nl-56.=- . .__.. _._..... __._--.L_ i .--! - j::PN'56 LPNTs6-- LPN .-. LNAI56-1----·-_'i-- 1--+--1- . I i ~ r~-- Northwest State Title iHours/ . Week Southeast State Title Hours/ Week .--.. -,---.--. . p~L-~~~ !Zl:'J+_.!l~ LPNj-56 :=L_. I LPN -E56 -LPN i-40 _ =~-~- ~.:n ~. I i i iI __ ~ _ _.___ LPN .+_56 LPI\ ---1··--- ~i -.- .-.---,---- -,------1 _~~~~r~~.~--l=~f-.--l~ -.-----r--. Southern State Title Hours/ Week . . Rli.-j_-±'O__ . I--f--,..- J:P~__ ·-1 L--· N~;~FI ~~...... ~+--~~ -.- r·--~-I- --.-..J .--""---,-RNl 40 RN/ I 56 I LPN ! Northeast Regional Title iHours/ Week ---I I RN2 56 RNInfirm 56 RN' I 56 -.--I-------1------i---·--~I---t--· l~~l~-- ~ t" •. 'f~ U'N+"'--irn+' UN -~ :LfN :..:" - U'N] ..:, '-""4 "-- -_U'N t " --- - _ - - _.. The above matrix reflects Contractor's Staffing Matrix (Attachment H) for PAs, NPs, RNs, LPNs and LNAs. The intent of Attachment K is to provide a definition of an uncovered shift for purposes of determining the staffing penalties deseribed in Attachment A. For highlighted positions, Contractor will be in compliance if only one (I) of two (2) scheduled individuals of the same title is present for the shift. Should Contractor be unable to fill all positions as scheduled in Attachment K, a performance penalty will be incurred. Contractor may, at its discretion, fill clinical positions with higher practice level professionals -. eharging the DOC at the cost ofthe regularly scheduled health profession - without penalty. A permanent evening RN position is expected; in the event an RN cannot be found to fill the position, an LPN may fill the position without risk of penairy (CRCF, DSCF, NSCF). 2 Two evening/night RNs are preferred; in the event two RNs cannot be found, an LPN may fill ONE position without risk of penalty (SSCF). 15