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12/17/2003 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 23, 2003 TO: Louis Latorre, Director Social Services Division ATTN: FROM: Dotti Albury Pamela G. Hanco& Deputy Clerk At the December 17, 2003, Board of County Commissioner's Meeting the Board granted approval and authorized execution of the following: Memorandum of Understanding between Monroe County (Monroe County Social Services/In-Home Services Program) and Visiting Nurses (provider) that will allow assurances from the Provider that they will cooperate with Monroe County, the lead agency in its performance of duties under Monroe County's Case Management Contract with the Home and Community Based Services Waiver through the Alliance of Aging. IMemorandum of Understanding between Monroe County (Monroe County Social Services/In-Home Services Program) and Caregivers of the Keys (provider) that will allow assurances from the Provider that they will cooperate with Monroe County, the lead agency in its performance of duties under Monroe County's Case Management Contract with the Home and Community Based Services Waiver through the Alliance of Aging. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File/ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered this \1 day of 1Xc~ b f...(t , 2003, by and between Monroe County (County) and Visiting Nurses (Provider). WHEREAS, Monroe County has entered into a contract with the Alliance for Aging, Inc. to provide case management services for the Home and Community Based Services Aged and Disabled Adult Medicaid Waiver and Assisted Living for Frail Elderly Medicaid Waiver programs; and WHEREAS, the County is required to develop and implement a plan of care for each consumer, reevaluate the plan periodically, refer consumers to qualified service providers, issue written service authorizations to service providers, evaluate the quality of services and service documentation by the service provider, and monitor service providers for adherence to authorized care plans and authorized reimbursement rates; and WHEREAS, County needs assurances from Provider that the Provider will cooperate with County in its performance of its duties under its case management contract; NOW THEREFORE, the Parties agree as follows: 1. Provider has been listed by the Alliance for Aging, Inc. on the choice of provider list. 2. Provider shall accept referrals from County for the Home and Community Based Service Medicaid Waiver consumers who chooses the Provider for services under this program. 3. Provider shall supply only those services specifically outlined in the plan of care and authorized by County. 4. Provider shall adhere to a separate referral agreement between the area Alliance on Aging for Planning and Service. 5. Provider shall immediately notify County of staffing shortfalls which will negatively impact provision of service to Medicaid Waiver consumers. 6. Provider shall make available such reports to the County as are required for the case management agency in the DOEA Client Services Manual as well as the Aged/Disabled Adult Waiver Guidelines and the Medicaid Provider Reimbursement Handbook. 7. County shall adhere to the provisions of the Home and Community Based Waiver Case Management Referral Agreement between it and the Alliance for Aging, Inc. 8. County shall develop and implement a plan of care for the consumer. 9. County shall refer consumers to any qualified service provider as selected by the consumer. 10. County shall monitor service provider for adherence to authorized care plans and authorized reimbursement rates as well as evaluate quality of services and service documentation by the Provider. 11. Provider covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Provider or any of its Subcontractor(s) to any of the clients whom are referred by County to Provider and which are occasioned by the negligence, errors, or other wrongful act or omission of the Provider or its Subcontractors in any tier, their employees, or agents. 12. Should County determine that the Provider is in breach of any of its obligations under this agreement or failing to provide satisfactory services under a care plan, County shall notify the Alliance for Aging, Inc. and the Provider of such breach or deficiency. WHEREFORE, the parties hereto have caused the above presents to be executed by their ctUlya:uthorized representatives. A.tt}1;~T: DANNY.to ROLH E, Clerk ~ BOARD OF COUNTY COMMISSIONERS OF MONROE C<(UNTY, FLORIDA BY~;~ m ~~ Mayor By. Date: ~ f7, z...-s Visiting Nurse~Association BY:~ k'$f1 -!~ft/~ ~ 0,", <::. eO C:' \oj d. i";..,, \,J") u.l _ J C:.' <..:J L1- ~ <:::. . L ::;::~;>- u.-t :c .-JUl- 0:: 0- o .:;!:. ~CX::::> cr.: ("') .wo t..... ...J oc..; - N >-~\.lJ U- U ...".-10 0 LoU x(,':t: W 0 -4. .r. 0 ....J ........ ,;:) ,. -- c::::> LA. c.:;) ('_I