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C. 84
To: Board of Supervisors
From: Anna Roth, Health Services Director
Date: August  1, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Payment for Services Provided by Crestwood Behavioral Health, Inc.

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 $250,843.73 to Crestwood Behavioral Health, Inc., a corporation, for the provision of subacute skilled nursing care services for county’s Severely and Persistently Mentally Ill (SPMI) and neurobehavioral clients 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 payment in the amount of $250,843.73 is funded 100% by Mental Health Realignment funds.

BACKGROUND:

The Behavioral Health Services Department has been contracting with Crestwood Behavioral Health, Inc., since July 1997 to provide sub-acute skilled nursing care for county’s Severely and Persistently Mentally Ill (SPMI) and neurobehavioral clients.  

BACKGROUND: (CONT'D)
  
On July 26, 2022, the Board of Supervisors approved Contract #24-933-45 with Crestwood Behavioral Health, Inc., in an amount not to exceed $4,189,081 to provide sub-acute skilled nursing care for SPMI and neurobehavioral clients for the period from July 1, 2022 through June 30, 2023.  
  
Due to a much higher anticipated level of subacute skilled nursing services needed for the county’s SPMI and neurobehavioral clients, there are insufficient funds to cover the additional services provided by the contractor in the amount of $250,843.73.  
  
Therefore, the county has determined that Crestwood Behavioral Heath, Inc., 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 $250,843.73 to Crestwood Behavioral Health, Inc.

CONSEQUENCE OF NEGATIVE ACTION:

If this request is not approved, Crestwood Behavioral Health, Inc., will not be paid for subacute skilled nursing care services provided to SPMI and neurobehavioral clients outside of the contract payment limit rendered in good faith.

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