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HomeMy WebLinkAbout14-Human Resources C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION c c From: LINN LIVINGSTON, DIRECTOR OF HUMAN RESOURCES Dept: HUMAN RESOURCES Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORVEL TO PROVIDE UTILIZATION REVIEW SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM. MICC Meeting Date: Feb. 19, 2008 Date: February 8, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. '~ I '. ztA. L{ '. J/;. I s; ""t"~) Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Not to exceed $100.000 annuallv Source: (Acct. No.) 678-452-5163 (Acct. Description) Finance: Council Notes: Agenda Item NO.~_ OLIJ,jbt C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the City of San Bernardino authorizing the execution of an agreement with CorVel to provide Utilization Review services for the City's Workers' Compensation Program. Backl!round: The City of San Bernardino is a self-insured agency, providing workers' compensation benefits to 1800 plus employees annually. Senate Bill 228 mandates employers who are self-insured administrators handling Workers' Compensation claims to establish a mandatory Utilization Review (UR) process. A Utilization Review program provides several valuable services including; managing costs associated with Workers' Compensation claims, evaluating patient care using evidence-based guidelines, ensuring the delivery of appropriate and reasonable care as well as channeling cases into the Preferred Provider Organization network. c To maintain compliance with SB 228, the City went out to bid on September 18,2007 for a vendor to provide Utilization Review services. Nine bids were received and reviewed by the Workers' Compensation Committee, consisting of6 members. After review, all nine vendors were invited to provide an overview of their services and answer questions from the selection Committee. The top two vendors were invited back to the City to provide a detailed demonstration of their Utilization Review services. CorVel was unanimously chosen by the selection Committee to provide a Utilization Review Program for the City. CorVel is a local vendor with an office in San Bernardino who specializes in applying advanced communication and information technology to improve heaIthcare management. CorVel Associates work side by side with their 1,500 customers nationwide to deliver innovative, tailored solutions to manage risk and keep their customers ahead of their costs. As part of the contract, CorVel will be responsible for communicating with bill review and claims administrators regarding approved modified negotiated or denied services, auditing hospital bills for appropriateness of medical services, negotiating rates not included in the Official Medical Fee Schedule and will emphasize early return-to work goals. Utilization Review is one of the many cost containment measures used by the City's Workers' Compensation Division to control cost associated with claims handling. The City additionally contracts with other cost containment providers who monitor and manage ancillary costs associated with the Worker's Compensation Program; examples include Occupational Clinics, Pharmacy programs, Durable Medical Equipment Programs and Medical Case Managers. c The City is proposing a one (I) year agreement with CorVel with two (2) one (1) year extensions. 2 (.I'fpkct#r#'ol ~je ;VO. II.( :2 -/ ",-CJ'il c c c Financial Impact: The cost of the Utilization Review services will vary each year by case load. The Workers' Compensation Division is anticipating increased cost for this year due to large case files. Cost of services will not exceed $100,000 annually. The cost for these services is already incluqed in the City's FY 2007-08 adopted budget. Recommendation: Adopt Resolution. 3 C 2 3 4 5 6 7 8 9 10 11 12 c Resolution No RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORVEL TO PROVIDE UTILIZATION REVIEW SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM. BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I: The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with CorVel to provide Utilization Review services for a period of one (I) year with two (2) one (1) year extensions, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2: The Purchasing Manager is hereby authorized to issue a Purchase Order t CorVel for Utilization Review services for the Workers' Compensation Division for a tota 13 amount not to exceed $100,000. 14 15 SECTION 3: The authorization to execute the above mentioned agreement is rescinded 16 if the parties to the agreement fail to sign it within sixty (60) days of the passage of this 17 resolution. 18 1/1 19 1/1 20 1/1 21 1/1 22 1/1 23 1/1 24 1/1 C 25 1/1 /lJ(J. 1'1 :J.~/~.og c c c RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CORVEL TO PROVIDE UTILIZATION 2 REVIEW SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 the Common Council of the City of San Bernardino at a meeting thereof, 5 day of , 2008, by the following vote, to wit: held on 6 7 ABSTAIN ABSENT COUNCILMEMBERS: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK AYES NAYES 8 9 10 11 12 13 :.:.. 14 15 Rachel G. Clark, City Clerk 16 17 The foregoing resolution IS hereby approved this day of 18 ,2008. 19 20 Patrick J. Morris, Mayor . City of San Bernardino 21 Approved as to form: 22 JAMES F. PENMAN, City Attorney 23 24 25 1\genda Items:Reso.CorVe1.2008 1 2 3 This Vendor Service Agreement is entered into this 1 st day of March 2008, by and between 4 CorVel ("VENDOR") and the City of San Bernardino ("CITY"). VENDOR SERVICE AGREEMENT 5 6 WITNESSETH: 7 WHEREAS, the Mayor and Common Council has determined that it is advantageous and in 8 the best interest of the CITY to acquire Utilization Review Services; and 9 WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a 10 number of vendors for Utilization Review Services; 11 12 13 1. NOW, THEREFORE, the parties hereto agree as follows: SCOPE OF SERVICES. 14 For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR 15 to provide those products and services as set forth in Exhibit" A", attached hereto and incorporated 16 herein by this reference. 17 2. COMPENSATION AND EXPENSES. 18 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 19 pay the VENDOR the amount of monthly invoices for services rendered during the previous month. 20 Invoices shall include task description, the number of hours spent on each task, and applicable hourly 21 rate. Cost not to exceed $100,000 annually. 22 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 23 3. TERM. 24 The term of this Agreement shall be for a period of one (1) year with two (2) one (1) year 25 extensions. 26 This Agreement may be terminated at any time by thirty (30) days written notice by either 27 party. The terms of this Agreement shall remain in force unless mutually amended. The duration 28 of this Agreement may be extended with the written consent of both parties. 1 1 4. INDEMNITY. 2 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 3 agents or representatives, free and hannless from all claims, actions, damages and liabilities of any 4 kind and nature arising from bodily injury, including death, or property damage, based or asserted 5 upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, 6 relating to or in any way connected with the accomplishment ofthe work or performance of services 7 under this Agreement, unless the bodily injury or property damage was actually caused by the sole 8 negligence of the City, its elected officials, employees, agents or representatives. As part of the 9 foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's 10 fees, the City, its elected officials, employees, agents orrepresentatives from any and all legal actions 11 based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any 12 types of express or implied indemnity against the City, its elected officials, employees, agents or 13 representatives, with respect to third party claims against the Vendor relating to or in any way 14 connected with the accomplishment of the work or performance of services under this Agreement. 15 5. INSURANCE. 16 While not restricting or limiting the foregoing, during the term ofthis Agreement, VENDOR 17 shall maintain in effect policies of comprehensive public, general and automobile liability insurance, 18 in the amount of $1,000,000.00 combined single limit, and statutory Workers' Compensation 19 coverage in accordance with the laws of the State of California. VENDOR shall maintain 20 professional malpractice insurance for professional negligence, including errors, omissions, or other 21 professional acts in the amount of$1 00,000.00. VENDOR shall file Certificate(s) of Insurance with 22 the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set 23 forth as an additional named insured in each Certificate of Insurance provided hereunder. The 24 Certificate( s) of Insurance furnished to the CITY shall require the insurer to notify CITY of any 25 change or termination in the policy. 26 6. NON-DISCRIMINATION. 27 In the performance of this Agreement and in the hiring and recruitment of employees, 28 VENDOR shall not engage in, nor permit its officers, employees or agents to engage In, 2 1 discrimination in employment of persons because of their race, religion, color, national origin, 2 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual 3 orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of 4 the California Government Code. 5 7. CONFIDENTIALITY. 6 VENDOR understands and agrees that CITY, as a public entity, can maintain VENDOR's 7 confidentiality only to the extent that doing so does not conflict with its duties under the California 8 Public Records Act, the Ralph M Brown Act or any other requirement oflaw, regulation, rule, or 9 court or other government decision. 10 8. INDEPENDENT CONTRACTOR. 11 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 12 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. 13 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, 14 Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other 15 payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, 16 if any are required, in connection with the services to be performed hereunder. 17 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 18 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 19 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 20 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to 21 practice its business or profession. 22 10. NOTICES. 23 Any notice to be given pursuant to this Agreement shall be deposited with the United States 24 Postal Service, postage prepaid and addressed as follows: 25 IIII 26 IIII 27 IIII 28 IIII 3 1 TO THE CITY: 2 Linn Livingston, Human Resources Director 300 North "D" Street, 2nd Floor San Bernardino, CA 92418 Telephone: (909) 384-5161 3 4 TO THE VENDOR: 5 6 Sharon O'Connor Director of Legal Services 2010 Main Street, Suite 600 Irvine, CA 92614 Leann Farlander, Account Executive 600 City Parkway West, Suite 700 Orange, CA 92868 7 8 9 11. ATTORNEYS' FEES 10 In the event that litigation is brought by any party in connection with this Agreement, the 11 prevailing party shall be entitled to recover from the opposing party all costs and expenses, 12 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 13 14 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 15 hereof. The costs, salary and expenses of the City Attorney and members of his office in 16 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 17 purposes of this paragraph. 18 12. ASSIGNMENT. 19 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber 20 21 all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. 22 Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute 23 a breach of this Agreement and cause for the termination of this Agreement. Regardless of 24 CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to 25 perform all other obligations to be performed by VENDOR hereunder for the term of this 26 27 Agreement. 28 IIII 4 1 13. 2 VENUE. The parties hereto agree that all actions or proceedings arising in connection with this 3 Agreement shall be tried and litigated either in the State courts located in the County of San 4 Bernardino, State of California or the U.S. District Court for the Central District of California, 5 6 7 8 9 10 11 12 13 Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 15. SUCCESSORS AND ASSIGNS. 14. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 14 16. HEADINGS. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 17. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner IIII 5 1 of this Agreement. This Agreement may be modified or amended only by a written instrument 2 executed by all parties to this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 4 and date first above shown. 5 ATTEST: 6 7 8 Rachel Clark, City Clerk 9 10 11 12 13 14 Approved as to form: 15 JAMES F. PENMAN City Attorney 16 CITY OF SAN BERNARDINO Fred Wilson, City Manager CORVEL CORPORATION By: 17 By: ~ ~./~ fl 18 19 20 21 22 23 24 25 26 27 28 6 EXIIIlIIT nAn c €c ( \c CORVEL - I ahle uf ('Ollll'llls Table of Contents Confidentiality Statement .... ...... ..... .......... .............. ... ......... ... ... ....... ........ .......... ... ............. ....3 Cover Letter ...........................................................................................................................4 Executive Summary........... ................ ......... .... .... ... ... .......... ........... ................. ...................... ..5 Technical Specifications........................................................................~............................... 7 Proposal Content and Forms................................................................................................13 Attachments ................ .... ... ................ ......... .............. .......... .......... ............................ ...........21 CorVel Corporation Page 2 City of San Bernardino Workers' Compensation Utilization Review c c c CORVEL - ('onfidl'lIti:llit.\ Stutl'l11t"nt Note: Prior to reviewing our RFP response, please read the following carefully. CorVel Corporation is submitting this proposal to The City of San Bernardino. This proposal is being submitted specifically to facilitate The City of San Bernardino's evaluation of CorVel's Managed Care solutions. It is our understanding that this proposal (which contains highly confidential and proprietary information) will be viewed only by employees of The City of San Bernardino, for the purpose of such evaluation on a strict need to know basis only and will not be shared with or used by any individuals other than The City of San Bernardino employees without the express written consent of CorVel. The City of San Bernardino agrees to hold in confidence any information obtained relating to the business of CorVel, and agrees to instruct its employees to keep all information strictly confidential in the same manner you maintain your own confidential and proprietary information. The City of San Bernardino agrees that it will not directly or indirectly disclose to any other person, firm or corporation, any of the information, including but not limited to customer information, personnel information, fee schedules, sales and pricing information, training programs and materials, manuals and procedures, systems, methods, ideas or processes of any product or service provided by CorVel as described in our proposal. In the event of any breach of this Confidentiality Statement by The City of San Bernardino or any of its employees, CorVel will be entitled to seek injunctive relief without being required to post any bond, as well as any other remedies available to it. Should The City of San Bernardino disagree with our understanding relative to the sharing of information as contained in this document, please notify CorVel and immediately return the CorVel information prior to the initiation of The City of San Bernardino RFP review process. CorVel' s submission of this information to you is conditioned upon your agreement to maintain the confidentiality of such information and to use such information solely as provided in this Confidentiality Statement. Absence of The City of San Bernardino contact with Leann Farlander, Account Executive, listed below, will indicate full agreement with all aspects of this statement. Leann Farlander Account Executive CorVel Corporation 600 City Parkway West Suite 700 Orange, CA 92868 C 949 233 5303 F 866 434 3680 Leann3arlander@corvel.com CorVel Corporation Page 3 City of San Bernardino Workers' Compensation Utilization Review e e e - <o,er Letter September 19,2007 City of San Bernardino 300 N. "0" Street, 4th Floor Attention: Deborah R. Morrow San Bernardino, CA 92418 . Thank you for considering CorVel as a strategic partner for the City of San Bernardino for Utilization Review Services. CorVel is pleased to have the opportunity to deliver a proposal for these services. We are confident that you will conclude that CorVel has the experience and superior products and service delivery you are seeking. CorVel provides a comprehensive program, which will address your needs and requirements. CorV el does not use outside vendors or subcontractors, thereby providing seamless, integrated services. CorVel offers a complete range of services required to minimize claims costs, ensure appropriateness of care and expedite employee return to work. Our financial stability allows CorVel to remain nimble in .our ever-changing industry, while investing in state of the art technology. CorVel offers the following strengths: . Utilization Review . Pre-Certification . Concurrent Review . Discharge Planning CorVel recognizes this is more than an opportunity to deliver cost containment services. Our team appreciates the importance of a partnership, which will result in a quality service and a custom-tailored program that is fully integrated with the personnel and claims processing systems of the City of San Bernardino. Sincerel}!. Leann Farlalider Account Executive CorVel Corporation 600 City Parkway West Suite 700 Orange, CA 92868 C 949 233 5303 F 866 434 3680 Leannjarlander@corvel.com CorVel Corporation Page 4 City of San Bernardino Workers' Compensation Utilization Review c ,. '\~~-, I ..r, c c j . , po' . CaRVEL - ~- ,-,,' , " ": I \ ""lIl1ll1lary About CorVel CorVel Corporation is a nat)onal provider of leading workers' compensation solutions to employers. third party administrators. insurance companies and government agencies. CorVel specializes in applying advanced communication and information technology to improve healthcare management. Our associates work side by side with our 1.500 customers nationwide to deliver innovative. tailored solutions to manage risk and keep our customers ahead of their costs. CorVel Corporation is publicly traded company on the NASDAQ (CRVL). The Company has more than 25 years of healthcare management experience and has been listed by Forbes as one of the 200 Best Companies in America. CorCase Overview CorCase is CorVel' s suite of case management solutions. designed to combine quality care with new technologies, offering the most comprehensive capabilities for patients. CorCase offers early intervention,. utilization management through local branch offices and case managers in your neighoorhood. Our case managers work side by side with patients to assist them though their episode of care, working to achieve timely recovery and increased savings. The Advantage CorCase services are provided by trained and certified professionals in nursing. CorVel's program proactively focuses on reducing medical costs through the efficient medical management of all claims. CorVel works to identify and categorize claims as soon as possible to make sure the patient follows the most appropriate care path. Our nurses gather and analyze medical treatment information, discussing with the employer current job requirements of the injured worker. accommodations for modified work, and any further relevant information. This service positively impacts patient cases by utilizing proactive measures throughout the episode of care. We have 18 distinct service types under the CorCase umbrella. By customizing service delivery, we are able to create the perfect solution by knowing your needs. Our solutions offer a f~ter return to work which means a decrease in claims costs. These services are directed through our internally developed advanced application software, rules engine and systems infrastructure. Our processes offer protocols to support decisions and are legally compliant to offer litigation support. CorVel offers web-enabled service delivery and reporting to interface with customers on a virtual basis, 24 hours a dati 7 days a week. Once an employee is injured the claim is put into our database in Care c and routed to the appropriate office and case manager. Electronic case notes, updated daily, give you real time access to information and status on a claim anytime, day or night. With a nationwide service delivery network CorVel is where your claims are located. CorVel Corporation Page 5 City of San Bernardino Workers' Compensation Utilization Review c ".:'.,-, c t CORVEL '- , ' _ ___" . ',>_ ~__ r ~ ~_ 'M' _ ~ L,\\!\'uli\\! Summary The Difference The utilization of our innovative technology and leading medical expertise at the onset of a claim will significantly reduce your claims, including administrative fees, medical costs and indemnity reserves, From early intervention to advanced software and employee return to work, CorVel's CorCase is the most comprehensive solution for your case management needs, CorVel's innovative services help you manage your risk and stay ahead of your costs, CorVel Corporation Page 6 City of San Bernardino Workers' Compensation Utilization Review c '0 c c . -<<, , . CORVEL , - , - .""_~_,,-~,,---~...!-.--"'__-_",,,-_ '_~-"l~ "i':. ii) i' \ l'ificatioJls IV.TECHNIC,AL SPECIFICATIONS SERVICES TO BE PROVIDED Following is a desJ;ription of the required services for the Workers' Compensation Utilization Review (UR): Per the requirements of SB228, ad'minister Utilization Review for the City as follows: o Review treatment for medical necessity, appropriateness, and duration of care in the following treatment categories, applying American College of Occupational and Environment;ll Medicine (ACOEM) guidelines and other approved evidence- based guidelines: o Chiropractic; o Physical Therapy and other physical treatment modalities; o MRI and other major diagnostic test o Hospitalization; o Outpatient Surgery/Outpatient Procedures. CorVel has a network that specializes in aU the Ancillary services listed above. The City of San Bernardino can access this Information via CorVel's website CareMC. " The CareMC website (http://www.caremc.com) has been CorVel's proprietary, healthcare management platform since 2000. CareMC is the application platform for all of CorVel's primary services line and delivers immediate access to customers. It offers customers direct access to CorVel's primary services. To view a screen shot of CareMC, please see Attachment A. o Provided service requests within the applicable time standards and provided medical advice as warranted. CorVel adheres to California Labor Code in regards to Utilization Review time frame. CorVel's Utilization Review nurses are available during the hours of 8:00 a.m. to 5:30 p.m., Monday through Friday. CorVel also has the ability to customize our staff/program to meet the needs of the City of San Bernardino. CorVel Corporation Page 7 City of San Bernardino Workers' Compensation Utilization Review c c c [. , ~ ~ \:. ~, , . '.;:. 'C- P R VEL ; ,~. ~a "'~' ....._'-'-'.~~_... ~ .....\ _.1_'- ~ _ ..J..:_ . ; j, ',.J,< .li",: 1./ ." In accordance with labor Code 4610 all prospective and concurrent decisions must be reviewed and a decision made within 5 working days from receipt of information but not to exceed 14 days from the date of the treatment recommendation by the physician. The claims professional, provider, attorney's and claimant receive copies of CorVel's recommendations for certification or non-certification within 24 hours of a determination being made. UR determination letters are entered directly into CareMC and can also be e-mailed or faxed upon request. In the case of a non-certification determination the claims payer is also notified via phone at the time of determination. Proposals for ser~ices shall include the following information: o An overview of your company's experience in providing UR services for cities and other clients. CorVel has been performing Utilization Services since 1991, and has been certified by the State of California since 1997 to provide managed care programs/utilization review to injured workers in California. CorVel's UR program is registered with the State of California and conforms to all regulations. CorVel's utilization review department has been fully trained on the regulations governing utilization review to ensure optimum results. CorVel utilizes ACOEM guidelines, along with other nationally recognized scientific based studies, during the utilization review process. Since the State of California implemented mandatory UR in accordance with ACOEM Guidelines in 2004, CorVel has seen significant savings that have resulted from denial of unnecessary treatments, procedures and their associated costs to all the services above. o Minimum of three professional references. Please refer to the Statement of Proposer's Qualifications and References form on page 16 of this RFP. o List of physicians/nurses who will be performing UR services, along with resumes. CorVel utilizes more than 100 California licensed, board-certified physician specialists that have practiced and have knowledge of California's Workers' Compensation. All of CorVel's physician specialists are board certified in CorVel Corporation Page 8 City of San Bernardino Workers' Compensation Utilization Review c c c " ,) 0' . CORVE:L -- ~o>..-de~' _ ::1....._ _ _ _ , , . i'., ;.'1!.:d '\li,,'ifications their practice field. These physicians are educated in California's UR labor code, including all medical guidelines pertaining to California's UR protocols. Utilization Review Manal!er # '1 EDUCATION: Mennonite Hospital School of Nursing, Illinois Diploma, 1961 WORK EXPERIENCE: CorVel Utilization Review Nurse (2005-Present) Case ManagerlUR Workers' Compensation (2004-2005) Utilization Review Nurse (1999-2004) (1991-1999) (1989-1991) Telephonic Case ManagerlUR Director of Nursing PROFESSIONAL ORGANIZA TIONS/CERTIFICA TIONS: CCM Certification Case Management Utilization Review Manal!:er # 2 EDUCATION: Cerritos College, Norwalk A.S. RN Nursing WORK EXPERIENCE: CorVel Telephonic Case (2004-Present) Manager/Advocacy Telephonic Case Manager (2003-2004) Nurse Case Manager/Discharge (2003-2003) PlannerlUR UR Case Manager (1999-2003) Staff/Labor Delivery Nurse (1998-1999) CorVel Corporation Page 9 City of San Bernardino Workers' Compensation Utilization Review c """0" c c ~. 1 ~. ,-, ,>' ~' l' . ',/, C C'R' VEL '" .-.~, '-" ~;n....'A-,,_l _ ,~--.......!._ '_~'~'l:...'o r- ,_, !, "::", ,,j "i,el'ifications I Labor/Delivery Nurse (1985-1998) - Experience and training of DR staff. including nurses who would will conduct initial reviews. Utilization Review Case Managers are responsible for handling the clinic:al ' review of the UR process are graduates of an accredited school of nursing and hold a current RN license in California. CorVel's Utilization Review Case Managers have a strong clinical background in orthopedics, neurology, or rehabilitation. We require three or more years of recent clinical experience, preferably in rehabilitation, and/or at least one year experience in Workers' Compensation or STDIL TD case management. As with all CorVel case management staff, corporate policy encourages continuing eduCation and the company policy reimburses for those expenses. Each locaVregionaVnational office is encouraged to host monthly meetings, offer CEU programs, and solicit timely guest speaker CEU programs. CorVel has a formal orientation and training program for Nurse Case Management Reviewers and Physician Consultants. Topics included are: . State Labor Codes and Other Standards . UR Process and CorVel Methodology . Software Used in Utilization Review . ProtocolslGuidelines Used in Utilization Review . Training Manual (includes Policies and Procedures) . CorVel Customers CorVel provides continuing education for its employees, including DR Case management staff, through formal staff meetings and informal in-service presentations to address company policy, DR processes, new customer information, and staff needs as identified by the Quality Management nrogram. CorVel posts notification of community based continuing education programs. D Your company's average-turn around time for UR requests. CorVel's average turn around time for DR services is 2.5 days. Our internal standards for turn around time are as follows: . Prospective DR requests are completed within 5 business days, in most instances they are completed within 72 hours. CorVel Corporation Page 10 City of San Bernardino Workers' Compensation Utilization Review c c c - :J" '_;i!.~;l:oll~ . Retrospective UR requests have an average turn around time of 5 days, . Concurrent hospital UR requests are completed within 72 hours, in most instances they are'completed within 24 hours. . Appeal Reviews al'e completed within 5 days . Denial letters are sent within 24 hours to the requesting physician, facility, claims administrator and claimant. The claims professional, provider, attorney's and c;laimant receive copies of CorVel's recommendations for certification or non-certification within 24 hours of a determination being made via e-mail, fax or mail. o Fee options and how fees are calculated. Please refer to the Price Form on page 13 of this proposal. o Samples of reports documenting claims review and action taken. To view a copy of CorVel's Sample UR reports, please see Attachments B, C, andD. o Describe workflow and exchanged between City's performing UR services. the method information is gathered and medical providers and your company in The CorVel Utilization Review Case Manager reviews injury, diagnosis, t~tment plan and pertinent medical information and screens request against guidelines to determine reasonable treatment. The UR Case Manager then contacts and/or discusses treatment plan with providers. If the treatment plan is deemed not appropriate by the Utilization Review Case Manager, then request is referred to a physician advisor to verify or deny necessity of Medical Treatment Plan. The Physician advisor will contact provider to discuss the treatment plan as necessary. The claims professional, provider, attorney's and claimant receive copies of CorVel's recommendations for certification or non-certification within 24 hours of a determination being made, CorVel prefers to transmit DR results CorVel Corporation Page II City of San Bernardino Workers' Compensation Utilization Review c , ~ c c . , , , COR VEL " ,~- ~.L. .,' L.. _ , I.' o,"l.:l' "pc',;ilil',ltioIlS to the City via CareMC, our online Healthcare portal (caremc.com); however, we are able to transmit via fax and hard copy. DR determination letters are entered directly into CareMC and will be e-mailed or faxed upon request. In the case of a non-certification determination, the claims payer is also notified via phone or fax at the time of determination. To view a copy of CorVel's DR work-flow, please see Attachment F. o Any distinguishing or unique qualifications that your company possesses or any other information that more fully documents your ability to provide UR services, CorVel can offer the City a 6:1 Return on Investment in the Patient Management arena - that equals lower administration costs and improved outcomes for your employees. o Price must be no more than 12 pages (not including City forms or contract) CorVel's response to the City's Request for Proposal is no more than 12 pages. excluding forms and contract. CorVel Corporation Page 12 City of San Bernardino Workers' Compensation Utilization Review c c t - ' . . '. . ., CPR VEL . ~ L. .' - ..t~~,,-,--~-,-, _...._._ _._ ,. ~' 'I', Lid;.-,;! ~!ii._l l ';I:I1S RFP F-07-54 STATEMENT OF PROPOSER'S QUALIFICATIONS AND REFERENCES UTLIZA TIONREVIEW The proposer is required to state the proposers' financial ability and a general description of similar work performed. Number of years engaged in providing the work included within the scope of the specifications under the present business name: CorVel Corporation List and describe fully the last three contr,acts performeil by your firm. which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each ofthe references listed for additionannformation regarding your firm's qualifications. Reference No.1 Customer Name: County of San Bernardino Contact Individual: Nancv Rice. Suoervisinl! Workers' Como. Adiuster Address: 222 West Hosoitalitv Lane Phone No: (909)386-9024 Contract Amount: Confidential Information Year: 1999 Description of Work Done: Bill Review, Case Management, Utilization Review Reference No.2 Customer Name: Countv of Los Anl!eles Contact individual: Tami Omoto-mas Address: 3333 Wilshire Blvd. Phone No: (213)639-6072 Contract Amount: Confidentiallnfonnation Year: 1998 Description of Work Done: Bill review, Case ManagernentlUR Services CorVel Corporation Page 16 City of San Bernardino Workers' Compensation Utilization Review c e c CORV'EL - ....,..L.:..l....:L__.....'- _ ..::: ___ 'I,ll ",It, III and Forms Reference No.3 Customer Name: City of Redding Contact individual:: Gail Crowley Address: 777 Cvoress Ave. Contract Amount: Confidential Information Description of Work Done: Bill Review. Case Management. Utilization Review Phone No: (530)225-4348 Year: 2006 Signature Title: CorVel Corporation Page 17 City of San Bernardino Workers' Compensation Utilization Review c e c ,',., ,,( ^ I-. , '. ,:c.o.... VEL . . t.J~~_~,_'~..- .;.,,'nl and Forms RFP F-07-54 STATEMENT OF PROPOSER'S PAST CONTRACT DISQUALIFICATIONS Pursuant to SectiolL 10162 of Public Contract Code, the proposer shall state whether such proposer, any officer of employee of such proposer who has proprietary interest in such proposer has ever been disqualified, removed, or otherwise prevented from proposal on, or completing a Federal, State, or local government project because of a violation of la~ or a safety regulation; and if so, explain the circumstances. 1. Do you have any disqualifications, removal, etc., as described in the above paragraph to declare? No 2. If yes, explain the circumstances. CorVel does not have any disqualifications, removal, etc., as described in the above paragraph. Executed on at , California. I declare, under penalty of perjury, that the foregoing is true and correct. Signature(s) of Authorized Proposer Signature of Authorized Proposer Title Title CorVel Corporation Page 18 City of San Bernardino Workers' Compensation Utilization Review .' . , , ~ . : COR VEL " - , _" ~.... --'--" .:'. '- _ ''" L -' _ -' " l , ,'L lit and Forms C RFP F-07-54 WORKERS' COMPENSATION INSURANCE CERTIFICATE Sections 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the fQllowing statement: .. I am aware of the Provisions of Section 3700 of the labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in:accord- ance with the provisions of that code, and I will comply with such Provisions before commencing the performance of the work of this Contract. .. By: c Date: Title: By: Date: Title: RFP F-07-54 To view a copy of CorVel's Certificate of Insurance, please see Attachment H. c CorVel Corporation Page 19 City of San Bernardino Workers' Compensation Utilization Review c "1'--. ,'....:;::.. ~ c . C (, R VEL . " - '. . " ,- I_ S. ~'.h "-':J I '~L ~ _ ,_ "'Ii.,. ,j , '.llll'lIl and Forms CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND CorVel Corooration FOR WORKERS' COMPENSATION UTILIZATION REVIEW SERVICES Please refer to Attachment G to view CorVel's San Bernardino Contract review. CorVel Corporation Page 20 City of San Bernardino Workers' Compensation Utilization Review c c c PRICE FORM REQUEST FOR RFP: DESCRIPTION OF RFP: RFP F-07-54 Workers' Compensation Utilization Review OFFEROR(S) NAME/ADDRESS: CorVel COIl'oration 2010 Main Street, Irvine, CA 92614 The undersigned declares that he or she has carefully examined the Request for Proposals and is thoroughly familiar with the contents thereof, is authorized to represent the proposing firm, and proposes to provide to the City of San Bernardino: As described in said Request for Payment, which is made a part of this proposal, quoted herein in full Utilization Review (a) Nurse (per hour or flat rate per claim) Per Hour fee of$90 per UR referral/Flat Rate of$IOO for out-patient UR referral and $125 per In-patient UR referral (b) Physician (per hour or flat rate per claim) Peer review is Actual Provider Charges OR $250 Per peer review (c) Other Associated Costs (per hour or flat per claim) Explain: TOTAL COST: Per hour $90 per hour Flat Rate Per Claim Flat Rate of $100 for out-patient UR referral and $125 oer In-patient UR referral Plus Deer review if needed not to exceed $250 **Please note we are providing the ootion of either flat rate or hourlv charges. THE ONLY EXCEPTIONS FROM THE SPECIFICATION ARE AS FOLLOWS: Please note that our pricing is quoted per UR referral. c c c RFP F-07-54 Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. All technical specification can be met by CorVel. Have you included in your proposal all informational items and forms as requested? Yes / No. (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. Cash discount allowable % terms are: Net thirty (30) days. days; unless otherwise stated, payment In signing this proposal, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Addenda No: Addenda No: Received on: Received on: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: c ,.--.;.~ c' c , ,'- , '.. ., , COR VEL - _j,_';-..J~ ~'-~~____~__ ... ~ ';;i""';; l onb.'lH ,J:lt! FOrnlS CorVel Corporation Page 21 City of San Bernardino Workers' Compensation Utilization Review c ":.-'.. c t CORVEL - - - - - . - - Attachment A CareMC Screenshot CorVel Corporation Page 22 City of San Bernardino Workers' Compensation Utilization Review c . . . . " . " . , . n ~ . i i . ~ If:iO ; ~ . ::t a ~ 0 5' ~ . ~ . ~ . . t.~r- . . ~ . . w if ,:iJf!. a if . . . . . . . ~ . ~ . g . ~ ~ 0 ~ . . . . .- ~ ;; . 2 i i !" ~ :; " " > 2 c c ~ I . ~I If.i ~~I m~ ~ ~~ I II I~IIII Illf c-~ : ~~. ~.~. o=-... ' f~ ~~.. CrlVl3 :~ji .a'~ ... .. .' ~ c-~ a ~ g' ii.i!' " ~ . i!!.: i 0- 11 ~\ iil I I I I !~i~::l ';~.:'li'l'~ 1:l.n....3 10 Z 'J.8::~ a~ b"'~n"" j~~=".s I g.-ta b 11~':::''''~' !;ii'":EY:CJIo l'ifCl 0 i} ~ ~ :i~i ',c" "...a, :~ g.~ ,~ 2~ .: 3 ~ .~ a i u.!h "8 6.'.1Ilo I.~~ 3' ~ . fiI It; It. ~ ~~ ~'1f..- \~,;ri. , , . . . , , . . , ~1IlI1Iflt'l e . it~~aJ ". f . i: Co" ~. i !"!. ~ a: ~ :: t ~ z ~ is . ~, i 'p , .. . . ~ . . . . . ~ z.. ~ c .." . . ~ . . n n . ~ ~ i' , ~. , . n . :; . n J ~ " = r ~ J . . z f " ~ ~. ~ z ~ ! . f f 3 0 . . '!:: 0- . ~ = ~ .. ~ = "l E i r8~ ~~= ~;! 8 ~ ~ . i ~: ;( ~ :. e ". 0 ~ . ~ i N il. g '" ~ [ r N < ~ ~ . . S ~ . . ~ 5 ~ m !; . " . c' 0 ~ . n i , i: ... '" ;; ~ " .~ z z ! 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N " " " '" ~ = = :! ~. ~ .. .. ~ z ~ 0 0 i 0 = z = m ~ S::'.;' _ ...... .. ! i~~ i ~ 0', s a ~i"ea ""; ::; i ~-,',~. .z I ~" I~ :i~~ ~ HHJ~ ~; J~!ll qi~-~ '~~l! :{~f ;i ~~'C'~ 3~.: ocr...... ~: it 14 ~~.3 ~ !:l~ -~. t ..,; . . ~ o;~..s ~ ~; ~f f~ l:l cr" ." dO.; : : if: , 0 " J '" 3 . -z '< it.;;: ~. ,." ....... i i_~i ~ ':<i ''"''. ~ :::;:~ ~ t!. - ~ Ji ,I: 'i-' -..,~ 1I~ ;{~ ;~'~ i' Il Q f : II !.1 : ~ () €I IJ ;:: _... !r.. .;;.; j,t "3; 11 - ;:.~, ~ " ~ ~l,~~ ~';.~* ~'" I ~ 0 " " . ~ ~ I . ~ I 0 ~ c c c CORVEL - - .- Attachment B Sample Report-DR Denial Letter CorVel Corporation Page 23 City of San Bernardino Workers' Compensation Utilization Review c c c CORVEL Outpatient Non-Certification Recommendation 8-2-07 John Smith 101 Moffitt St. San Francisco, CA 94131 CLAIM #: 12345 001: 09/02/1997 CLAIMANT: Smith, John CORVEL #: 24566334-17 Provider: Facility: Pre-cert #: Treatment being requested: Treatment Non-Certified: Treatment approved, if any: Dear Mr. Smith: INSURED: CARRIERlTP A: ADJUSTER: GB / United Airlines G.II.gher Bassett Sue Jones Bob Bones, M D Feel Good Physical Therapy Additional Physical therapy I x 6 left elbow Additional Physical therapy I x 6 left elbow NONE CorVel Corporation has been asked by Gallagher Bassett to review the above noted treatment request for medical necessity and appropriateness. After careful review of the submitted medical information, our Physician Advisor, Andrew Brooks MD - board certified orthopedic surgeon Lic # G6722 I was unable to recommend the requested treatment. The Non-Certification determination was made on 8-2-07. Guidelines used in the determination process: ACOEM, 000 The clinical ~asons regarding medical necessity, or lack of medical necessity, for non-certification: Date of Report: Level of Review: 08/02107 Initial Patient Name: John Smith Date of Injury: Diagnosis: 09/02197 Chronic progressive left cubital tunnel syndrome Bilateral CTS Cervical degenerative pain Bilateral shoulder pain CorVo' Cotporatlon www.corvel.com 600 City Parkway West Suite 700 Ora.... CA 92868 714.385.0J0 866.910.4423 c c c CORVEL Surgery: Left cubital tunnel release and subsequent revision Bilateral CTR ACDF Requested Treatments: 1. Additional PT lx6 Determinations: 1. Non-certification Medical documentation submitted with this request and reviewed in consideration of this request includes: . -07/26/07 PR-2 submitted by Mathias Masem, MD -07/25107 Outpatient hand therapy discharge summary submitted by Olga Yuzhin, OT _ 07/25107; Hand therapy evaluation data sheet submitted by Olga Y uzhin, OT 06/11107 ; 05/1 0/07 Data sheet notes consistent improvement in left grip and pinch strength. OT discharge report notes that claimant has made progress with strength and is diligent and independent with a home exercise program. Report dated 07/26/07 notes that claimant is 16 weeks post op and his elbow symptoms have subsided. Exam notes full elbow motion, slight left medial epicondyle tenderness, and persistent left hand ulnar intrinsic atrophy. Grip strength is 32# on the left and 38# on the right. Provider recommends c.ontinued therapy due to continued weakness. Rationale for Determinations: Claimant has progressed with motion and strength in 24 post op therapy visits. He is noted as compliant with and independent in a home exercise program. The necessity of additional skilled therapy intervention is not evident. Claimant can continue to progress toward final goals through continued compliance with his home program. Per ACOEM Guidelines. Chaoterls) 10 and below referenced medical evidence I. Evidence citations for theraov ACOEM Guidelines. Chapter 10 (Revised 2007). Page 15 notes that comfort is often a patient's primary concern. Nonprescription analgesics will provide sufficient pain relief for most patients with acute and subacute elbow symptoms. If the patient's response to treatment is inadequate (i.e.. his or her symptoms and activity limitations continue), pharmaceuticals, orthotics, or physical methods can be prescribed. Co-morbid conditions, side effects, cost, and provider and patient preferences should guide the health care professional's choice of recommendations. CorYe. Col'pOl'atlon www.corvel.com 600 Cil)' ParkWl)' West SuilC700 Oranae. CA 92868 114.38S.8500 866.910.44D c c CORVEL ODG-TWC Elbow Procedure Summary last updated 06/11/2007 provides best practice physical therapy gu-idelines for ulnar nerve entrapment as that which allows for fading of treatment frequency (from up to.3 visits per week to I or less), plus active self-directed home PT, in 20 visits over 10 weeks for post-surgical treatment. To justify ongoing treatment, even within these guidelines, patients should be formally assessed after a "six- visit clinical trial" to see if the patient is moving in a positive direction, no direction, or a negative direction (prior to continuing with the physical therapy). In addition to a "six- visit clinical trial", every six visits thereafter the treating therapist should validate improvement in function in order for treatment to continue. Please note the utilization review process is mandatory and has been done in accordance with California Labor Code ~4610. The American College of Occupational and Environmental Medicine Practice Guidelines, second edition, have been utilized in the determination process, as required in Title 8, California Code of Regulation 9792.6. Any dispute shall be resol ved in accordance with the provisions of Labor Code section 4062, an objection to the utilization review decision must be communicated by the injured worker or the injured worker's attorney on behalf of the injured worker to the claims administrator in writing within 20 days of receipt of the decision. The 20-day time limit may be extended for good cause or by mutual agreement of the parties. You may file an Application for Adjudication of Claim and Request for Expedited Hearing, DWe Form 4, showing a bona fide dispute as to entitlement to medical treatment in accordance with sections 10136(b)(I), 10400, and 10408 Should the requestiIlg medical provider have additional pertinent clinical information, which has not previously been submit'Pod for review, he or she may submit the clinical information to the claims adjuster for reconsideration of the non-certification determination. Requests for reconsideration need to be sent to the claims adjuster within 10 days of this determination. Requests for reconsideration do not replace the objection process noted above. If you want further information, you may contact the local state Information and Assistance office by calling the applicable information and assistance district office, numbers below, or you may receive recorded information by calling 1-800-736-740 I. You may also consult an attorney of your choice. Should you decide to be represented by an attorney, you mayor may not receive a larger award, but, unless you are determined to be ineligible for an award, the attorney's fee will be deducted from any award you might receive for disability benefits. The decision to be represented by an attorney is yours to make, but it is voluntary and may not be necessary for you to receive your benefits. In accordance with regulation 9792.9(k) should you wish to speak to the reviewing physician regarding this determination, you can call 714-385-8500 from ]2:00 p.m. to 3:00 p.m. PST, Monday through Friday. Should the reviewing physician be unable to speak with you, another reviewer who is competent to evaluate the specific clinical issues involved in the medical treatment services will be made available. The above noted determination does not release the provider from hislher patient care responsibilities. This recommendation is for medical necessity and appropriateness and does not confirm or guarantee C insurance coverage. CorYe. Corpol'8t1on WNW.corvel.com 600 City Parkway Well SUilC700 0...... CA 92868 714.38S.8DJ 866.910.442:1 c I''''~ , ".uo, c c CORVEL Should you have any questions regarding this determination please call the number below between the hours of 8:30 a.m. and 5:00 p.m. PST, Monday through Friday. Sincerely, Utilization Management Department cc: Office File Gallagher Bassett, Attn: Sue Jones, P. O. Box 255397, Sacramento. CA 95865 Bob Bones, M D, 101 South San Mateo Drive, Suite 200, San Mateo, CA 94401 Feel Good Physical Therapy 1600 Divisadero St. San Francisco CA 94120 Shari Levy 255 California St., #600 San Francisco CA 94111 Susan Borg 2015 Pioneer Ct. Suite A San Mateo CA 94403 ColVelCorponItIon WWW.COfVeI.com 600 City Parkway West 5uice7oo Om>ae. CA 92868 714.385.8SOO 866.910.4423 c /' "' c c CORVEL Information & Assistance Unit. district offices Anaheim, 92801 1661 N. Raymond Avenue. Suite 200 (714) 7J8-40J8 Fresno, 93721.2280 2550 Mariposa Street. Room 2035 ,(559) 445-5355 ,-.. "._--'---, -- .,-_.. ! Long Beach, 90802.4460 : 300 Oceangate Street. 3rd Floor 1(562) 590-5240 ----"'-"... I'oxnard 93030 2220 E. Gonzales Rd. Suite 100 (805) 485-3528 Riverside, 92501 3737 Main Street. Room 300 (951) 782-4347 ISan Bernardino, 92401 1464 W. Fourth Street. Suite 239 (909) 383-4522 San Jose, 95113 100 Paseo De San Antonio. Room 240 (408) 277-1292 Bakersfield, 93.101 t800 30th Street. Suite 100 (661) 395.2514 ,Grover Beach, 9343.\.2261 , 1562 Grand Avenue .(805)481.3296 i Los Angeles, 90013 i ;<20 W. 4th St. 9th Floor :(213) 576-7)89 .. -iP;mona;9i768- .435 W. Mission Blvd. #300 1(909) 623-8568 ----.--...---- - I - -..- ~-_.---..- I Sacramento, 95825 j2424 Arden Way. Suite 230 (916) 263-2741 . San Diego, 92102-4402 7575 Metropolitan Road. Suite 202 (619) 767.2082 Santa Rosa, 95404 50 "D" Street. Room 430 (707) 576-2452 CorYe' Corpono_ WWW.CXM.VeI.COfn Santa Ana, 92701-4701 28 Civic Cenler Plaza, Room 451 (714) 558-4597 Stockton, 95202-2314 31 East Channel Street, Room 450 1(209) 948-7980 600 Cit)' Parkway West Sui~700 Qranae. CA 92868 Eureka, 95501.0421 100 "W Street. Room 201 (707)441-5723 Goleta, 93117 6755 Hollister Avenue (805) 968-4158 'Oakland,94612 ! 1515 Clay Street6th Floor 1(510)622.2861 ---- -I Redding, 96001-2796 12115 Akard, Room 21 (530) 225-2047 ~alinas; 93906.3487 1880 North Main Street, Suite 100 (831)443-3058 . San Francisco, 94102 455 Golden Gate Avenue, 2nd Floor 1(415) 703.5020 Santa Monica, 90405 2701 Ocean Park Blvd, Suite 222 (310) 452-1188 Van Nuys, 91401.3373 6150 Van Nuys BI vd.. Room 105 (818) 901-5367 1).4.385.8500 866.910.4423 c (,.:,. C c PROOF OF SERVICE I am a citizen of the United Stares and a resident of the County of Orange; I am over the age of eighteen years and not a party to the within entitled action; my business address is 600 City Parkway West, Suite 700, Orange, CA 92868. On 8-2-07, I served the within letter(s) on the parties in said action, by sending a true copy thereof electronically on the following parties: Gallagher Bassett, Attn: Sue Jones EMAIL: Sue_Jones@gbtpa.com Bob Bones, M D FAX: (650) 342-2937 Feel Good Physical Therapy FAX: 0 -415-353-9643 Executed on 8-2-07, at Orange, Orange County, California. I, Lauren Ott, declare under penalty of perjury, under the laws of the STATE OF CALIFORNIA, that the foregoing is true and correct. Signature File: 2455337-17 Smith c .;.. C c , CORVEL - - - - . Attachment C Sample Report-Certification Letter CorVel Corporation Page 24 City of San Bernardino Workers' Compensation Utilization Review c c c CORVEL Outpatient Certification Recommendation 01-21-07 Joe, MD. 12345 Me Bean Parkway Suite E-21 Valencia, CA 92222 Fax 800-555-5671 CLAIM #: DOl: CLAIMANT: CORVEL #: 5555-00-05555 04/24/1997 Jess Smith 2461000-1 Pre-cert #: Treatment requested: Facility Dear Dr. Joe, M 0: INSURED: CARRIER!TPA: ADJUSTER:: Y ouDo ABC Insurance Services Joe Doe 2461000-1 Photodynamic therapy with Levulan Aesthetic Surgery and. Laser Medical center CorVel Corporation has been asked by ABC Insurance Services to review the above noted treatment request for medical necessity and appropriateness. After careful review of the submitted medical information, the requested treatment has been certified. The Certification decision is summarized below: ICD-9 Code: Diagnosis: CP-I' Code: Requested Treatment: Recommended Treatment: Number of Visits approved: Certification Valid From: . 702.0 Actinic keratosis 96567,J7308 Photodynamic therapy with Levulan Photodynamic therapy with Levulan I 01-21-07 To 02-28-07 To obtain a review for continued treatment after the above noted certification period, please call CorVel Corporation at the number below. Our hours of operation are from 9:00 a.m. to 5:30 p.m. PST, Monday through Friday. CcNY" Co......tlon www.corveI.com 600 Cily Parkway West Sutle 700 OraDF. CA 92868 714.385.8lOO 714.385.878' c /. -..:..-, c c CORVEL Please note this review has been done in accordance with California Labor Code Section 4610 and the American College of Occupational and Environmental Medicine Practice Guidelines, second edition, have been utilized in the determination process. Sincerely, Utilization Management Department cc: Office File ABC Insurance Services, Attention: Joe Doe, POBox 14, Orange, CA 96541 ***This recommendation is for medical necessity and appropriateness and does not confum or guarantee insurance coverage.*** **NOTE** Please attach a copy of this recommendation letter with your bill; otherwise, payment may be delayed. CorVeI c:o.poratlon WWW.corvel.com 600 City Parkway WeSI Suite 100 Orans:e. CA 92868 714.)B5.8SOO 714.385.8785 c - - c c CORVEL - Attachment D Information Request Letter CorVel Corporation Page 22 City of San Bernardino Workers' Compensation Utilization Review c c c CORVEL 8-14-07 Received from Intercare Insurance Services on 08/13/2007 John Doe, M. D. I 2345Crenshaw Blvd., # I 00 Torrance, CA 90505 Fax 310-555-1817 Team Post op fax 7 I 4-434-6071 CLAIM #: 3000-008-01234 001: 0711511997 So we may expedite your UR request, please attach copy of this letter with your documentation & return within 48hours. Your rom t res ose is a reciated.. INSURED: 390-Ffre Dept CARRIER!TPA Intercare Insurance Services CLAIMANT: J obn Doe CORVEL#: 2467414-1 ADJUSTER: Jane Doe Dear Dr. Smith, M. D.: We have been asked by Frank Tiongson of Intercare Insurance Services to provide utilization review of your recent request for certification of Sling Shot 11, Game Ready Control Unit and Game ready shoulder pad. Additional information is necessary to reach a determination of the medical necessity of your request. Please submit reasonably necessary medical information as follows within 48 hours: 181 Most currenlPR2 o Hist"ry & physical o Prior treatment/response o Operative/procedure report(s) o Laboratory results o Any available diagnostic studies 181 Initial evaluationIProgress reports o CPT and ICD9 codes o Current treatment plan o Plans for discharge o Number of visits to date o Start of care date 181 Op report? o The utilization review process cannot begin until we receive this requested information. To expedite the review, you may fax directly to CorVeI at 866-434-3840. This notificatfonis in compliance with Labor Code ~46 I O. If you have any questions or if we may be of further assistance, please contact CorVel at the number below. Sincerely, Utilization Mamigement Department cc: Office/Case File Intercare Insurance Services, Attn: Frank Tiongson, POBox ] 4243, Orange: CA 92863 Team Post Op 2909 Tech Center Drive Santa Ana CA 92705 Co"'.I~ www.corvel.com 600 City Parkway West SuillC 100 0...... CA 92868 714.385.8500 866.910.4423 c ,'....- ' c c CORVEL 8-14-07 John Doe 1234 Street Trail Street Ontario.CA 91761 CLAIM#: 001: 3000-98-01214 0711511997 INSURED: CARRIER/TPA 390-Fire Dept Interc~re Insurance Services CLAIMANT: CaRVEL #: John Doe 2467414- I Frank Tiongson ADJUSTER: Dear Mr. Doe: We have been asked by Frank Tiongson of Intercare Insurance Services to provide utilization review of a recent request by your provider for Sling Shot 11, Game Ready Control Unit and Game ready shoulder pad. . Please be advised that there will be a delay in ~ur determination as to the medical necessity of this request while we await additional reasonably necessary medical information from Joe Smith. M. DI Team Post op. No further action can be taken on this request until this information is received. Once submitted, the utilization review process will begin. This notification is in compliance with California Labor Code ~461O. Sincerely. Utilization Management Department cc: Office/Case File Intercare Insurance Services. AUn: Frank Tiongson. POBox 14243. Orange. CA 92863 Team Post Op 2909 Tech Center Drive Santa Ana CA 92705 CorY" Corporation www.corvel.com 600 City Pad;.way West Suitt: 700 Orance. CA 92868 714.38S.85OO 866.910.4423 c .: '.;::';:,. , ._, c \ C CORVEL - CorVel Corporation Attachment F DR Work-flow Page 27 City of San Bernardino Workers' Compensation Utilization Review c ..-'JI...:...., c c e No Peer Review or Delay 1-5 Days ~ - Meets =-;, Guidelines _.':~', Certified DR Workflow Q Proper Medical Records Meets I I Guidelines I:: c.... Certified ::-'"' , r Certification or Denial E1J ~nt G Day of Request from Provider -, ~ ~ ", r:C; '$ " Review Referral . Day I Review records D.. h Refer to Peer Review I-I Denied =-. Medical ReCOprdS ~. Needed '., ,.,.-' ;Slr FaxlMail request to Provider - email to .': ::1 adjuster 'MJ Review Medical ~ Records G) Peer Review & or Delay 1-5 Days II Meets =-.'", Guidelines -"..." Certified . Refer to _. Peer Review ~ I Meets I I Guidelines =- '. Certified ::",\ i I ~ilr:-nied E:Jr UJ#'- ., ==, -, Certification or Denial ~nt c .i ~ .. .;>: .' c c , CORVEL - ----'--'---_ d-- _ _ __ _ _ Attachment G The City of San Bernardino Contract Review CorVel Corporation Page 28 City of San Bernardino Workers' Compensation Utilization Review c ~ .". .!',. . c c City of San Bernardino Request for Proposal F-07-54 Workers' :Compensation Utilization Review CorVel's Contractual Exceptions Section III. General Conditions: Insurance l(d) CorVel ("Contractor") can provide insurance,certificate and any endorsements, but cannot provide any form of the insurance policy. Terms CorVel ("Contractor") would like included'in contract: REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY A. Authority. The City represents and warrants thai (i) it has all necessary corporate power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate actions on its part, (ii) this Agreement constitutes a legal, valid and binding obligation of The City, enforceable against it in accordance with its terms, and (iii) the execution. delivery and performance of this Agreement will not constitute a violation of any judgment, order or decree or a breach of a material agreement that would materially impair or prevent The City from complying with its obligations under this Agreement. B. Authorizations. The City represents and warrants that (i) it has obtained or shall obtain such authorizations or approvals as are required for Contractor to perform the services described in this . Agreement, irdnding but not limited to receiving and disclosing patient-specific data ~. contemplated hereunder, (ii)- it shall maintain the compliance of its workers' compensation program under all applicable laws, (iii) it has obtained and shall maintain during the Term any regulatory approval needed in order for Contractor to perform its obligations hereunder, and (iv) it shall promptly notify Contractor if any such approval is terminated, suspended or otherWise materially limited. . C. Non-Solicitation. The City agrees that during the Term of this Agreement and for a period of one (I) year after any expiration or termination thereof, The City shall not, directly or indirectly. recruit or- solicit for employment, employ or in any manner engage the services of or otherwise interfere - with the employment relationship of any Contractor employee who was in any way involved in providing services to The City pursuant to the Agreement without the prior written consent of Contractor. In the event The City breaches this covenant of non-solicitation and non- employment, Contractor shall be entitled to recover the amount of one (I) times annual salary per employee from The City as liquidated damages. The parties acknowledge that Contractor's actual damages in the event of such a breach by The City would be extremely difficult or impracticable to determine and acknowledge that this liquidated damages amount has been agreed upon as a reasonable estimate of Contractor's damages and as Contractor's exclusive remedy against The City in the event of a breach of this Section 3D by The City. The parties further agree that in any action brought on account of any alleged breach of this covenant, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. c ~ c c REPRESENTATIONS, WARRANTIES AND COVENANTS OF CONTRACTOR A. Authoritv. Contractor represents and warrants that (i) it has all necessary corpomte power and authority to enter into lhis Agreement and to perform its obligalions hereunder, and the execution and delivery of this Agreement and the consummation of the transactions c011lemplated hereby have been duly authorized by all necessary corporate actions on its part, (ii) this Agreement constitutes a legal, valid and binding obligation of Contractor, enForceable against it in accordance with its terms, and (iii) the execution, delivery and perFormance of this Agreement will not constitute a violation of any judgment, order or decree or a breach of a material agreemenl that would materially impair or prevent Contraclor from complying with its obligations under this Agreement. B. Performance. Contractor represents and warrants that (i) it has the necessary knowledge, skills and experience to provide and perform the Managed Care Services in accordance with the Agreement, and (ii) it will perForm the Managed Care Services in a diligent, professional and workmanlike manner using an appropriate number of properly trained and qualified individuals and in accordance with applicable industry standards; DISCLAIMERS . A. Coverage and ComDensabilitv. CONTRACTOR IS NEITHER A HEALTH CARE PROVIDER NOR A CLAIMS ADMINISTRATOR AND CONTRACTOR DOES NOT MAKE FINAL DETERMINATIONS REGARDING THE COVERAGE OR COMPENSABILITY OF HEALTH CARE SERVICES RENDERED BY HEALTH CARE PROVIDERS TO INJURED PERSONS. THE SERVICES PROVIDED BY CONTRACTOR UNDER THIS AGREEMENT ARE ADVISORY ONLY AND ARE PROVIDED SOLELY TO FACILITATE THE CITY'S BUSINESS OPERATIONS. THE CITY AND THE CITY'S EMPLOYEES AND/OR AGENTS HAVE THE OPTION TO ACCEPT OR REJECT ANY ADVICE OFFERED BY CONTRACTOR HEREUNDER. CONTRACTOR DOES NOT MAKE DETERMINATIONS RELATING TO THE CITY'S BUSINESS, INCLUDING, BUT NOT LIMITED TO, THOSE REGARDING THE COVERAGE UR COMPENSABILITY OF HEALTH CARE SERVICES. THE CITY SHALL RETAIN FULL RESPONSmILITY FOR ALL FINAL DETERMINATIONS REGARDING THE PAYMENT OF POLICY BENEFITS. B. Healthcare Authoritv. CONTRACTOR AND ITS AGENTS HAVE NO AUTHORITY TO CONTROL OR DIRECT THE HEALTH CARE SERVICES PROPOSED FOR OR PROVIDED TO INJURED PERSONS. THIS AUTHORITY SHALL LIE ONLY WITH THE INJURED PERSON AND HISIHER TREATING PHYSICIAN IN ANY CASE, AND THOSE INDIVIDUALS MAY ACCEPT, REJECT OR MODIFY ANY ADVISORY DETERMINATIONS MADE BY CONTRACTOR OR ITS AGENTS, EXCEPT INSOFAR AS STATE WORKERS' COMPENSATION LAWS MAY REQUIRE THEM TO FOLLOW THE DETERMINATIONS OF THE CITY, THE CITY'S AGENTS, A WORKERS' COMPENSATION JUDGE OR REVIEW PANEL, OR ANOTHER THIRD PARTY. C. No Interference with Practice of Medicine. Neither Contractor nor The City shall ilttempt to directly or indirectly, to control, direct or interfere with the practice of medicine by any health care provider. CONFIDENTIALITY A. Definition of Confidential Information. "Confidential Information" shall mean any non- public data, information and other materials regarding the products, services or business of a party (and/or, if either party is bound to protect the confidentiality of any third party's information. of a third party) provided to either party by the other party where such information is c c c marked or otherwise communicated as being "proprietary" or "confidential" or the like, or where such information should, by its nature, be reasonably considered to be confidential and/or proprietary. Without limiting the foregoing, the parties agree that (i) the CareMC Application, Documentation, Contractor Content (as defined in the in the CareMC License Agreement) and all software, source code, source aocumentation, inventions, know-how, and ideas, updates and any documentation and information relating thereto constitutes Confidential Information of Contractor, (ii) the The City Data (as defined in the CareMC License Agreement) constitute Confidential Information of The City, and (iii) this Agreement, the Exhibits and Schedules attached hereto, and the terms and conditions set forth herein and therein are Confidential Information of both parties. B. Disclosure and Use of Confidential Information. The Confidential Information disclosed by either party (UDisclosin2 Partv") to the other ("Receivin!! Partv") constitutes the confidential and proprietary information of the Disclosing Party and the Receiving Party agrees to treat such Confidential Information in the same manner as it treats its own similar proprietary information, but in no case will the degree of care be less than reasonable care. The Receiving Party shall use the Confidential Informati9n of the Disclosing Party only in performing 'under this Agreement and shall retain the Confidential Information in confidence and not disclose it to any third party (except as authorized under this Agreement) without the Disclosing Party's express written consent. The Receiving Party shall disclose the Disclosing Party's Confidential Information only to those employees and contractors of the Receiving Party who have a need to know such information for the purposes of this Agreement, and such employees and contractors must be bound by this Agreement or have entered into agreements with the Receiving Party containing confidentiality provisions covering the Confidential Information with terms and conditions at least as restrictive as those set forth herein. C. ExceptiolJ~. Notwithstanding the foregoing, the parties' confidentiality obligations hereunder shall not apply to information which: (i) is already known to the Receiving Party prior to disclosure by the Disclosing Party, (ii) becomes publicly available without fault of the Receiving Party, (Hi) is rightfully obtained by the Receiving Party from a third party without restriction as to disclosure, (iv) is approved for release by written authorization of the Disclosing Party, (v) is developed independently by the Recei ving Party without use of or access to the Disclosing Party's Confidential Information, or (vi) is required to be disclosed by law, rule, regulation, court of competent jurisdiction or governmental order, provided, however, that the Receiving Party shall advise the Disclosing Party of the Confidential Information required to be disclosed promptly upon learning thereof in order to afford the Disclosing Party a reasonable opportunity to contest, limit or assist the Receiving Party in crafting the disclosure, and then such disclosure shall be made only to the extent necessary to satisfy such requirements. D: Use of Data. Nothing shall prohibit Contractor from using aggregate, non-identifying, statistical data generated through its customers', including The City, use of the CareMC Application and Online Services for marketing purposes, provided that Contractor shall not use or disclose any such data or information in a manner that would reveal the identity of, or other confidential information concerning, The City. Such aggregate, non-identifying statistical data could include, without limitation, statistics regarding usage of the CareMC Application and Online Services, the number of case referrals generated through the CareMC Application and Online Services and the efficiencies gained by Contractor customers through their use of the CareMC Application and Online Services. c .r:",".-.. r ' .-~~ c ,; '- c CORVEL - ~ - - - Attachment H Workers Comp Insurance CorVel Corporation Page 29 City of San Bernardino Workers' Compensation Utilization Review