Agenda

Return

C. 85

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	August 1, 2023

Contra

Costa

County

Subject:

Payment for Services Provided by Options Recovery Services

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/01/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Suzanne Tavano, Ph.D., 925-957-5169
cc:	Edney Suisala Cristeta Rovira-Hernandez

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: August 1, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $96,968.37 to Options Recovery Services, a corporation, for the provision of alcohol and drug abuse prevention services for adults with substance use and/or co-occurring disorders that exceeded the contract payment limit and was provided in good faith for the period June 1, 2023 through June 30, 2023.

FISCAL IMPACT:

This retro payment in the amount of $96,968.37 is funded 100% by American Rescue Plan Act funds.

BACKGROUND:

This contract meets the social needs of county’s population by providing specialized alcohol and drug abuse prevention services, so that men and women are provided an opportunity to achieve and maintain sobriety and to experience the associated benefits of self-sufficiency, family reunification, cessation of criminal activity and productive engagement in the community. The Alcohol and Other Drugs (AODS) Division has been contracting with Options Recovery Services since June 2022 to provide alcohol and drug abuse prevention services.

On August 2, 2022, the Board of Supervisors approved Contract #74-652 with Options Recovery Services, in an amount not to exceed $1,432,791, to provide alcohol and drug abuse prevention services for adults with substance use and/or co-occurring disorders, for the period June 1, 2022 through May 31, 2023.

The contractor continued to provide alcohol and drug abuse prevention services in good faith for the month of June 30, 2023 without a contract in place. A new contract has been executed effective July 1 2023 through June 30, 2024 to align with CalAIM's implementation of the Department of Health Care Services Payment Reform.

Therefore, the county has determined that Options Recovery Services is entitled to payment for the reasonable value of their services under the equitable relief theory of quantum meruit. That theory provides that where a person has been asked to provide services without a valid contract,

and the provider does so to the benefit of the recipient, the provider is entitled to recover the reasonable value of those services. The contractor has provided services at the request of the county after the original contract payment limit had been reached. The Department cannot pay contractor for services rendered that exceed the contract limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $96,968.37 to Options Recovery Services.

CONSEQUENCE OF NEGATIVE ACTION:

If this request is not approved, Options Recovery Services will not be paid for services provided to AODS outside of the contract payment limit rendered in good faith.