Josh Turley x'rom: Josh Turley Sent: Thursday, October 28, 2010 9:17 AM To: Andrea Wyrick Subject: RE: Jail Care Attny 0k. ldon?t think that will be a problem. i will fon~ard to the undersheriff.. Josh Turley Risk Management Tulsa County Sheriff?s Office 500 8. Denver Tulsa, 0k. 74103 91 8-852-5674 (cell) a Please consider the environment before printing this email The information in this e-mail message (including any information contained in attachments hereto) is intended only for use of the addressee. This e-mail message may contain confidential or privileged information. If you receive this e-mail message unintentionally, please notify the sender immediately and then delete this message. E-mail transmission is not aranteed to be secured or error free. The sender is in no way liable for any errors or omissions in the content of this e? ..iail message, which may arise as a result of e-mail transmission. E-mails, text messages, and other electronic communications made or received in connection with the transaction of public business, the expenditure of public funds. or the administration of public property are subject to the Oklahoma Open Records Act and the Records Management Act. This document may also be protected under Attorney Client Privilege. From: Andrea Wyrick Sent: Thursday, October 28, 2010 09:15 To: Josh Turley Subject: RE: Jail Care - Attny Funny you should mention this . . . Dave and I were just talking about this and it is my suggestion that the Sheriff's Office conduct an internal audit/investigation of CHMO in our own jail to make sure they are complying with the contract and not falling into the same pitfalls as Oklahoma County had. This is very serious, especially in light of the three cases we have now?what else will be coming? It is one thing to say we have a contract with CHMO to cover medical services and they are indemnifying us . . . it is another issue to ignore any and all signs we receive of possible issues or violations of our agreement with them for services in the jail. The bottom line is, the Sheriff is statutorily (or the Trust Authority) obligated to provide medical services. From: Josh Turley Sent: Thursday, October 28, 2010 8:51 AM To: Andrea Wyrick ?bject: Jail Care - Attny Andrea Please see the attached info. This may affect our cases. Josh Turley Risk Management Tulsa County Sheriff?s Of?ce 500 8. Denver Tulsa, 0k. 74103 91 8-852-5674 (cell) a Please consider the environment before printing this email The information in this e-mail message (including any information contained in attachments hereto) is intended only for use of the addressee. This e-mail message may contain confidential or privileged information. If you receive this e-mall message unintentionally, please notify the sender immediately and then delete this message. E-mail transmission is not guaranteed to be secured or error free. The sender is in no way liable for any errors or omissions in the content of this e- mail message, which may arise as a result of e-mail transmission. E-mails, text messages, and other electronic communications made or received in connection with the transaction of public business, the expenditure of public funds, or the administration of public property are subject to the Oklahoma Open Records Act and the Records Management Act. This document may also be protected under Attorney Client Privilege. From: jturley@tcso.org qent: Thursday, October 28, 2010 08:51 l: Josh Turley Subject: Attached Image METRO STATE 3 THURSDAY, OCTOBER 21. 2010 THE OKLAHOMAN I NEWSOK.COM FORMER MEDICAL PROVIDER UNDERSTAFF ED ITS OPERATIONS AND ?Elli AEQUT ET, LAW?itilT CLAEMS County sues over iail care BY BRYAN DEAN Staff Writer bdean@opubco.com Oklahoma County commissioners have filed a lawsuit against the former medical provider for the county jail, claiming the company routinely under- staffed its operations at the jail and lied about it. The county is asking for actual and punitive dam- ages that could amount to millions of dollars. CorrectionalHealthcare Management Inc., a Col- orado company, provided medical services at the jail under contract from Iuly 2002 to August 2009. The county paid the company more than $31 million over that period. Phone messages left -A-OM. -- MK. 45 1Q. Wednesday with Correc? tional Healthcare Man? agement weren?t returned. The lawsuit, f?ed Tues- day, claims time records produced in other litiga- tion show the company signi?cantly understaffed its operations at the jail in each of the contract years. The lawsuit provides two charts showing actual hours the company pro- . vided in a month com- pared to the requirements of the contract. In both cases, the jail was shorted hundreds of hours for doctors, nurses, physician assistants and other health care profes- sionals who were supposed to be working at the jail. County of?cials esti- SEE COUNTY. PAGE 10A More Read past stories on the jail by searching for ?Oklahoma County jail" on NewsOK.com. i. 1.7.: ..- j. Robert Sternberg?s ideas about? creatiVity-are .- garnerilng national attention and' changing the way some schools structure their admissions process PAGEIZA. IN BRIEF GUN FOU . NEAR A Moore High - School sophomore -. may have taken a 1 loaded Battallber gun into Tuesdau mileage A officer no headmthe ?sneak Io 11R, a i 2' 'ou?f- K- - .Flgurttneyegp lial' h'is?Z?carripaigh . - lessening . . moderate . as: transcript of the .j'dqar?guments or griestgan Okla-" ieek eels . . Ease-'beidreaiury; idain?pwriplayed it ot.a'jury., . traumatit?bi?fote? atiov'e; itsel?.?.to ipai?n'manage? it. ?Sdott- is not a ~Who' has exten- IF gOV?rnnient 4 'en been as co- him available for lppear in court le legal direction eys general who I icourt. irgue'd dozens of I . . CAPITOL BURE AU aging the law by the lawsuit would nave it ruled uncona onal or not applica? Oklahoma. st, an Oklahoma rial lawyer, said he n?t challenge the law rt. rink that ?s a waste of rer money and a pol- process he said. ead, Priest said he explore asking the lupreme Court di- whether the law is lutional. at?s much quicker, expensive, it brings ity to the process kes the politics out Priest said. County: Staffing at issue FROM PAGE 9A mate the company de? frauded the county of about $600,000 a year. If those shortages ex- tended over the life of the contract, the amount would total more than $4.2 million. - An attorney for the county said county of?- cials only had access to two months of time records. To ?nd out exactly how much the company. over- charged, county of?cials will tequeS?t all the time sheet records for the con- tracts in the discovery process. The lawsuit also claims officials for Correctional Healthcare Management knowingly lied about the level of staffing they would provide and concealed facts about their staf?ng levels from the county. Sheriff Iohn Whetsel said after the contracts with Correctional Health- care Management ended last year, the county hired a Florida company, Armor Correctional Health Ser- vices, as its new medical provider. The county was blasted by the US. lustice Depart? ment in 2008 for problems at the jail, including inade? quate medical care. The county has lost sev- eral lawsuits filed by in- mates who claimed they were either denied medical treatment or didn?t get proper care while inthe jail. The county also recently settled a lawsuit with 0U Medical Center for unpaid inmate medical bills. 1 I gun uyr. T. - :h .lt'i?lts; hilt int! today. through 5 are n: 1 L31- ;?2:9.3525.1.hielibraries ?li?id?ri?igil?gme? Noam-means: mine. . star .21.in .. stenci?gjr'nmucor The friend of 'a?fdr'rn'?r??re?ghter told him he had killed a law enfori arid-neededhelpihldli?ig hlsear an; appearan that he to witharug?es on his heels}: a he arm.? it wears ?1 .. new betel. Malelle'?on?gesd ?ia?tihe't? Oklahoma Highway-Patrol troop: Anthonys testimony came in the trial of Maionmniho was convict: to death for, Green's fatal sho'otlr was overturned on appeal. Anti-it charged in the crime, and took Maiorie; When'aske'd ifthat affei many, he replied that he was toll CHICKASHA ABUSE DRAWS 30-YEAR I Stephen Ray Tannery, 33, of Girl guilty to six felony counts, ineluc of child abuse. and received a at this ek. His plea gametes a iur ,choseni?ortrlal. Two child abuse a high-speedelasewith'hise-n In his'cai'. Dietricbattomey BM also pleaded Igul?rty-tb aesauit weaponjfelpny eluding and spit - WU.) TULSA COUNTY MEMO PURCHASING DEPARTMENT DATE: AUGUST 26. 2010 FROM: LINDA R. DORRELL PURCHASING DIRECTOR . 0 BOARD OF COUNTY COMMISSIONERS SUBJECT: HEALTH SERVICES AGREEMENT ON MAY ?10. 2010, THE BOARD APPROVED THE ACCEPTANCE OF THE RFP FOR THE OFFICE FOR COMPREHENSIVE INSTITUTIONAL HEALTHCARE SERVICES FROM CORRECTIONAL HEALTHCARE MANAGEMENT OF OKLAHOMA, 217715 SUBMITTED FOR APPROVAL IS AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS. ON BEHALF OF THE TULSA COUNTY OFFICE AND CORRECTIONAL HEALTHCARE MANAGEMENT OF OKLAHOMA. INC RESPECTFULLY SUBMITTED FOR YOUR APPROVAL ORIGINAL: EARLENE WILSON. COUNTY CLERK. FOR THE AUGUST 30, 2010 AGENDA. COMMISSIONER JOHN SMALIGO. JR COMMISSIONER KAREN KEITH COMMISSIONER FRED PERRY STANLEY GLANZ, SHERIFF MARK LIOTTA. CHIEF DEPUTY Fonn 438:] (Flaw APPROVED Health Services Agreement AUG 3 Z?l? THIS AGREEMENT by and between the Board of County Commissioners of Tulsa County, Oklahoma on behalf of the Tulsa County Sheri ft?s Of?ce and CORRECTIONAL HEALTHCARE MANAGEMENT OF OKLAHOMA, is entered into as of the 30Ih day ofAugust, 2010. Whereas, TCSO is charged with the reSponsibility for administering, managing and supervising the health care delivery system of the David L. Moss Criminal Justice Center (?Facility?) located at 300 North Denver Avenue, Tulsa, Oklahoma, and the objective of the TCSO is to provide for the delivery of quality health care to Inmates in accordance with applicable law; and in a manner set forth in the RFP, the Response from CHMO, department policies, procedures and derivatives and performance measures included in Exhibit ACHMO is in the business of providing correctional health care services and desires to provide such services for TCSO under the terms and conditions hereof, therefore, with the intent to be legally bound, and in consideration of the covenants and promises hereinafter made, the parties hereto agree as follows: I: HEALTH SERYICES l.l BOCC hereby engages CHMO to provide for the delivery of reasonable and necossary medical, dental, pharmaceutical, and care and mental health services, mental health management and health and mental healthcare staff for the Facility?s inmates and detainees under the custody and control of TCSO, medically cleared for acceptance, and sentenced to and incarcerated in the Facility (?Inmates?). CHMO hereby accepts such engagement according to the terms and provisions hereof. 1.2 SCOPE OF SERVICES. CHMO will provide, on a regular basis, professional medical, dental, phannaceutical, and related health care and administrative services for the Inmates. This program will include a preliminary health evaluation screening of Inmates upon arrival at the Facility, regularly scheduled sick call, nursing coverage, regular physician visits, on-site in?rmary care, physical evaluations, hospitalization, medical specialty services, emergency medical care, medical records management, pharmacy services, health education and training, a quality assurance program, administrative support. services, and other services, as more speci?cally described hereinafter. CHMO agrees to maintain State of Oklahoma minimum jail standards, standards, ACA standards and all applicable State laws If CHMO ?nds that they cannot meet the terms of this contract or any part thereof, they shall immediately notify TCSO in writing of the area of non-compliance, so that the problem can be addressed. COMPREHENSHLE HEALTH CARE. CHMO shall identify to TCSO those inmates with medical/mental conditions, which may be worsened as a result of being incarcerated at the Facility or which may require extensive care while incarcerated. After review of the circumstances surrounding the charges, and when security risk are minimal, the shall make every effort to have those inmates released. 1.4 OPEIQXILQIXS: shall operate the clinicrinfinnary seven (7) days per week, including Sundays and holidays for necessary treatments, history and physicals (H prioritized sick call, and urgent care This includes an LPN conducting health assessments daily to all inmates/detainees in segregated units. suicide watch, or any special tof12 Health Services Agreement THIS AGREEMENT by and between the Board of County Commissioners of Tulsa County, Oklahoma on behalf of the Tulsa County Sheriff?s Of?ce and CORRECTIONAL HEALTHCARE MANAGEMENT OF OKLAHOMA, is entered into as ofthe 30[h day ofAugust, 2010. Whereas, TCSO is charged with the responsibility for administering, managing and supervising the health care delivery system of the David L. Moss Criminal Justice Center (?Facility?) located at 300 North Denver Avenue, Tulsa, Oklahoma, and the objective of the TCSO is to provide for the delivery of quality health care to Inmates in accordance with applicable law; and in a manner set forth in the RFP, the Response from CHMO, department policies, procedures and derivatives and performance measures included in Exhibit ACE-IMO is in the business of providing correctional health care services and desires to provide such services for TCSO under the terms and conditions hereof; therefore, with the intent to be legally bound, and in consideration of the covenants and promises hereinafter made, the parties hereto agree as follows: I: SERVICES QENERAL. BOCC hereby engages CHMO to provide for the delivery of reasonable and necessary medical, dental, pharmaceutical, and care and mental health services, mental health management and health and mental healthcare staff for the Facility?s inmates and detainees under the custody and control of TCSO, medically cleared for acceptance, and sentenced to and incarcerated in the Facility (?Inmates?). CHMO hereby accepts such engagement according to the terms and provisions hereof. 2 SERVICE. CHMO will provide, on a regular basis, professional medical, dental, pharmaceutical, and related health care and administrative services for the Inmates. This program will include a preliminary health evaluation screening of Inmates upon arrival at the Facility, regularly scheduled sick call, nursing coverage, regular physician visits, on-site in?rrnary care, physical evaluations, hospitalization, medical specialty services, emergency medical care, medical records management, pharmacy services, health education and training, a quality assurance program, administrative support services, and other services, as more specifically described hereinafter. CHMO agrees to maintain State of Oklahoma minimum jail standards, standards, ACA standards and all applicable State laws. If CHMO ?nds that they cannot meet the terms of this contract or any part thereof, they shall immediately notify TCSO in writing of the area of non-compliance, so that the problem can be addressed 1.3 CARE. CHMO Shall identify ?3 TCSO those inmates with medical/mental conditions, which may be worsened as a result of being incarcerated at the Facility or which may require extensive care while incarcerated. After review of the circumstances surrounding the charges, and when security risk are minimal, the TCSO shall make every effort to have those inmates released. 4 CLLNIQ QBERAIIQNS: CHMO shall operate the clinicfinfin?nary seven (7) days per week. including Sundays and holidays for necessary treatments, history and physicals (ll prioritized sick call, and urgent care. This includes an LPN conducting health assessments daily to all inmates/"detainees in segregated units, suicide watch, or any special lofl2 observation cells. CHMO shall have an RN on?site twenty-four (24) hours per day. seven (7) days per week. 16 HO SPECIAL TY SERVICES. CHMO will provide for specialty services (cg. radiology services, laboratory services, ob/gyn medical services, etc.) on-site to the extent reasonably possible. To the extent specialty care is required and cannot be rendered on- site, CHMO will make appropriate off-site arrangements for the rendering ofsuch care. CHMO will make every effort to schedule routine off-site services in a manner convenient for TCSO transportation, and during the nermal business hours of Monday through Friday, 8 am. to 4 pm. OPTOMETRY SERVICES. CHMO will not be required to provide basic Optometry services for the purpose of providing new eyeglasses to Inmates. CHMO will provide Optometry services to the extent necessary to relieve or alleviate any exacerbation of a dehabilitating medical condition requiring Optometry services, or in the event ofa court order to provide such services PREGNANT INMATES. CHMO will provide health services to any pregnant Inmate in accordance with standards, but health care services provided to an infant following birth will not be the responsibility of CHMO. EMERGENCY SERVICES. CHMO will previde first response emergency medical treatment to Inmates, visitors, and TCSO staff as necessary and appropriate on-site CHMO will provide off-site emergency medical care for Inmates, as required, through arrangements to be determined with local hospitals. Provision of emergency services to staff shall be limited to injuries or short temi emergency care received while on duty at the jail. will provide ambulance services for Inmates for emergency circumstances. Routine transfers will be the responsibility of TCSO in regards to off- site non-emergency medical treatment. AIVELJLANCE SERVICES. CHMO shall arrange and bear the cost of emergency ambulance services to Inmates. CHMO will arrange for the admission of any Inmate who, in the opinion of the medical director, requires hospitalization and will bear the costs thereof, limited in the following circumstances and amounts. tAjCva'It') will be responsible for all costs incurred for health care delivered off-site (outside the facility) for Inmates medically cleared for acceptance into the Facility. in accordance with the limits stated herein and in accordance with Oklahoma State Statutes. Title IQ (B) For inpatient hOSpitaliz-ation services. shall only pay Inmate medical expenses for conditions that are not preexisting prior to arrest as defined in OKLA tit 19 746 {20103 t?t?jtlior outpatient services. LHMIO shall pay Inmate medical expenses at the rates negotiated by C'l?lMt) to ensure Inmates receive necessary medical care l.l 113 FINANCIAL LIMITATIONS CHMO's maximum liability for costs associated with the provision ofoff~site medical or other health care services which include, but are not limited to, hospitalization, off-site pathology and radiology (also referred to as laboratory and x-ray services), ambulance, off-site dental, and specialty services [including any outpatient services) shall be $600,000.00 in the aggregate per contract year, to be prorated for any partial contract years (?the Cap Amount"). Costs for any medical or other health care services, as set forth above, which are provided to Inmates during the contract year which are in excess of the Cap Amount shall be the responsibility of TCSO. When the Cap Amount is reached, will continue to provide utilization management, extend all provider discounts to TCSO and pay these expenses on behalf of TCSO, as long as TCSO remains current with payments due under this Agreement. Should the costs associated with the provision of healthcare services listed above not exceed the Cap Amount, CHMO shall reimburse the TCSO at a rate of Seventy Percent of the difference between the actual cost to CHMO For these services and the Cap Amount. This rebate shall be net of any other reconciliation amounts due CI-IMO under this Agreement. CHMO shall not be ?nancially responsible for costs associated with off~site medical care provided to inmates under the jurisdiction of another county. state or federal agency who are being housed at the Facility. CHMO will provide detailed, individual inmate, itemized billing of all off-site and on- site expenditures to TCSO on a basis. ILEVIEW OF HOSPITAL AND SERVICES. CHMO will review all invoices for hospital care and other off?site providers. This review will be completed to determine ifthe Inmate was the ?nancial responsibility of the TCSO and CHMO on the date and time services were provided. If not, CI-IMO will assist in routing the invoice to the appropriate agency for payment. OF FISCAL RESPONSIBILITY FOR MEDICAL CARE. (A) CI-IMO will begin fiscal responsibility for pre~booking injuries once the Inmate has been medically cleared for acceptance into the Facility The arresting agency assumes responsibility of an Inmate?s health care at the time that Inmate is taken into custody and prior to acceptance into the Facility. (B) If Svr?viccs are requested by ICSO prior to medical clearance or otherwise outside this contract, CIIMO shall provide such services Such services will be at additional cost and will be invoiced to TCSO on a basis ICTSO agrees to reimburse suoh costs within thirty (30) days oFthe receipt ot?said invoice, ELECTIVE MEDICAL CARE will not be reaponsible for the provision of electiye medical care to Inmates For purposes of this agreement, elective medical care means medical care which if not provided, would not in the opinion of Cl?l.?vi0?s Medical Director cause the Inmate?s health to deteriorate or cause de?nite harm to the Inmates well being. 1.16 l.l8 PF TRANSPORTATION SERVICES. To the extent any Inmate, visitor or TCSO staff requires off?site health care treatment (eg, hospitalization, specialty services, etc) TCSO will provide appropriate routine transportation services, as requested by CHMO. CHMO will be responsible for ambulance services for inmates requiring emergency transportation. SUPPLIES AND PHARMACUETICALS CHMO will be responsible for all of?ce and medical supplies used in meeting the speci?cations of this contract. Medical supplies are to include prescriptions and over-the-counter medications CHMO will utilize a local retail pharmacy when necessary prescriptions cannot be readily obtained from other sources. When manufacture problems or national shortages preclude the continuation of necessary medications, therapeutic substitutions will be made so that care in not interrupted. In the event of a national shortage of vaccines, CHMO will make necessary arrangements to provide prophylactic medications to high risk inmatesldetainees when clinically indicated and will track inmates/detainees who require vaccination and ensure its provision when supplies become available. COURT ORDERED OR EVIDENTIARY SAMPLES. CHMO personnel are prohibited from participating in the collection of forensic information, with the exception of sexual assault and speci?ed court?ordered tests. In the case of sexual assault, CHMO personnel may gather evidence for forensic purposes with the written consent of the inmate-victim. Similarly, court-ordered laboratory tests or x-ray procedures may be performed by CHMO persomel. if the inmate has given written consent. Tests specimens obtained by CHMO for forensic purposes will be in accordance with standards at no cost to the or BOCC. OKLAHOMA DEPAMMENT CORRECTIONS DETAINEES AND OTHER OUT OF COUNTY TNMATES. CHMO will provide medical services to all Oklahoma Department of Corrections detainees and imnatesr'detainees under the custody of another county, state or federal agency who are being housed at the Facility under the custody of the TCSO. All billable (off-site medical services and pharmaceuticals) charges will be submitted for payment to the Oklahoma Department of Corrections or appropriate agency Should such billing and reimburSernent only be accepted through Tulsa County, all reimbursements will ultimately be paid back to CHMO. STAFFING CHMO will provide medical. dental. technical, pharmaceutical, obr'gyn. and support personnel necessary for the rendering of health care services to Inmates as contemplated herein The health care staff will be comprised of 37 00 FTEs as described in CliMO?s Staf?ng Matrix. attached hereto as Exhibit and incorporated by reference LEQENEFE i $5.0 EU WALTON ELF PEEL A personnel provided or made available by CHMO to render services hereunder will be licensed, Certified or registered, as appropriate, tn their respective areas of expertise pursuant to applicable Oklahoma law and as required by guidelines 4 of i2 23 U: shall provide background criminal records checks on all CHMO employees upon hire and to ensure that all CHMO employees are working without amt felony convictions. All staff must work within their respective scope of practice and a Licensed Practical Nurse function under the direction ofa Registered Nurse, Nurse Practitioner, Physician Assistant or Medical Doctor in accordance with the various licensing boards. CHMO shall notify TCSO of any disciplinary action instituted or pending against the license of any member health care staff. WITH HEALTH CARE PERSONNEL. If the TCSO should become dissatisfied with any CHMO personnel provided by CHMO hereunder, CHMO, in recognition of the sensitive nature of correctional services, will, following receipt of written notice from TCSO of dissatisfaction and the reasons therefore, exercise their best efforts to resolve the problem. If the problem is noL?cannot be resolved, CHMO will remove the individual within a reasonable time frame considering effects on delivery of health care and recruitment/hiring ofan acceptable replacement. OF INMATES IN THE PROVISION OF HEALTH CARE SERVICES. inmates will not be employed or otherwise engaged by either CHMO or TCSO in the direct rendering of any health care services. Inmates may be used in positions not involving the rendering of health care services directly to inmates as CHMO and TCSO may mutually agree. SUBCONTRACTING AND DELEGATION. In order to discharge its obligations hereunder. CHMO will engage certain health care professionals as independent contractors rather than as employees. CHMO shall not engage any professional and or organization who does not themselves meet the standards and professional licensing requirements. As the relationship between CHMO and these health care professionals will be that of independent contractor, CHMO will not be considered or deemed to be engaged in the practice of medicine or other professions practiced by these professionals. and the independent contractor relationship of CHMO will not affect the exerciSe of the independent contractor?s independent judgment in the practice of the profession. DISCRIMINATIQQJL CHMO will recruit, select, train, promote, transfer, and release its personnel, as contemplated hereunder, without regard to race, color, religion, national origin, handicap, veteran status, age, or gender (except where age, gender or handicap is a bonetide occupational qualification). Further, CHMO will administer its other personnel policies such as compensation, benefits, layoffs. return from layoff, company sponsored training, education, and tuition assistance without regard to race. color, religion, national origin, handicap, veteran status, age or sex SOLE HMO shall be the sole supplier and or coordinator of the medical care delivery system at the Facility The term ?medical care" includes medical, pharmaceutical and dental care. The responsibility of the provider for the medical care of an inmate commences when an inmate has been medically cleared for acceptance into the facility, after resolution ol?any injury or illness requiring immediate transportation and treatment at a or similar facility ameEQ PLANS. Conunencing with the contract Stan date, and quarterly thereafter, contractor shall submit to staffing plans for the Facility Any deviations from of 12