Agenda

Return

C. 56

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	August 15, 2023

Contra

Costa

County

Subject:

Contract Amendment/Extension 23-775-1 with The Staywell Company, LLC

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/15/2023

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:	Rajiv Pramanik, 925-765-8689
cc:	F Carroll L Bright

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 15, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment #23-775-1 with The Staywell Company, LLC., a limited liability company, effective April 30, 2023, to amend Contract #23-775, to increase the payment limit by $17,903, from $473,561 to a new payment limit fo $490,654, and to extend the term from December 14, 2027 to March 31, 2028, for additional hosted content, products and services regarding patient education for Contra Costa Health Services.

FISCAL IMPACT:

Approval of this contract amendment will result in additional annual expenditures of up to $17,093 and will be funded as budgeted by the department in FY 2023-24, by Hospital Enterprise Fund I. (Rate increase).

BACKGROUND:

This contract meets the needs of Contra Costa Health Services (CCHS) by providing a patient education platform that combines an application and solution suite delivering education to clinicians and patients at the point of care where it has the best chance to help improve patient outcomes. CCHS began contracting with this vendor in 2005. CCHS Leadership approved the move to Krames On-demand® (KOD) to synthesize patient education within the department, encouraging all CCHS divisions to use the same tool for patient-facing education, replacing Krames On FHIR® and Elsevier ExitCare as the source for patient-facing education. CCHS Nursing staff performed the due diligence necessary in selecting KOD. Nursing leadership, the Professional Development unit, and the Office of Information Technology reviewed and compared both platforms - El Sevier (Exit Care) and Krames On FHIR® and approved to standardize patient education with KOD. On December 13, 2022, the Board of Supervisors approved contract #23-775 with The Staywell Company, LLC., for the provision of hosted content, products, and services regarding patient education for CCHS for the period of December 15, 2022, through December 14, 2027, which included Terms and Conditions and an Order Form that govern the annual license fees and the use and display of the content for the applicable products. The County may only terminate the contract for (1) Staywell’s uncured breach of the contract, or (2) the Board of Supervisors’ failure to appropriate funds for amounts due under the contract. Under the contract, the County is obligated to indemnify Staywell for: any failure of the County to obtain patient consent or receive messaging from Staywell; claims arising out of any content furnished by the County for use with the Staywell services; the negligent acts of the County; and the County’s breach of the terms of the contract. CCHS is requesting a retroactive effective date for this amendment to align with the executed contract after CCHS staff had a period of non-responsiveness for (3) months. Approval of Contract Amendment #23-775-1 will allow the parties to amend Order Form #1 executed under contract #23-775 updating the license fee for the addition of Infobutton for Patient Portal and reflect the corrected term date, to continue to provide content and product hosting services through March 31, 2028.

CONSEQUENCE OF NEGATIVE ACTION:

If this contract amendment is not approved, the term in the Board's approval will remain unaligned, CCHS will be unable to process the corresponding invoices and lose the advantage of the information services that integrate the patient education material into Epic, which contradict the department's ongoing objective to improve patient care, outcomes, and the goal to have one patient education application for all of CCHS.