Addendum to Contract with Birch Family Services

Effective July 1, 2010

Legal Compliance:

The Contractor agrees to comply with all Federal, State, and local laws and regulations governing the provision of items and services under this Contract, including without limitation those pertaining to the provision of items and services paid for, directly or indirectly, by a Federal or State health care program. Birch’s Compliance Plan can be reviewed at www.BirchFamilyServices.org, or a copy can be obtained by calling the Birch Compliance Officer at (212) 616-1802. The Contractor agrees to abide by the terms of this Plan when delivering items or services under this Contract and shall ensure that each individual that furnishes services under this Contract is provided with a copy of the Plan or given access to the Plan.

Furthermore, Birch strongly encourages all healthcare providers contracting with Birch to implement their own compliance program which addresses each of the elements of compliance recommended by the U.S. Department of Health and Human Services’ Office of the Inspector General (“OIG”), as well as the elements of compliance as recommended and/or mandated by the New York State Office of the Medicaid Inspector General (“OMIG”) under 18 NYCRR Part 521.

Exclusion Screening Statements:

Birch is committed to maintaining high quality care and service as well as integrity in its financial and business operations. Therefore, Birch will conduct appropriate screening of employees, independent contractors, vendors, and agents to ensure and verify that they have not been sanctioned/excluded by OIG, OMIG or another Federal or State agency.

The Contractor represents and warrants that:

OIG has not excluded the Contractor from participation in a federal health care program (as defined in 42 U.S.C. §1320a-7b(f)) under 42 U.S.C. §§1320a-7, 1320c-5 or 1395ccc, or any other law or regulation;
OMIG has not excluded the Contractor from participation in the New York Medical Assistance (Medicaid) program under 18 NYCRR Part 515;
No other Federal or State agency has otherwise excluded the Contractor from participation in the New York Medicaid program or excluded the Contractor from eligibility to provide services under the Social Security Act or the New York Medicaid program on a reimbursable basis; and
Contractor will not suffer or permit any individual or entity who is excluded from any Federal health care program or New York’s Medicaid program to furnish any item or service under this Contract.

The Contractor agrees to notify Birch of the exclusion or, to the extent permitted by law, the initiation of any action or investigation by any governmental agency that might under any circumstances (and regardless of whether the Contractor believes such action or investigation has merit) lead to the exclusion from any Federal health care program or the New York Medicaid program of the Contractor or any individual or entity furnishing any item or service under this Contract. In the case of any exclusion, the Contractor shall immediately after learning of the exclusion give Birch notice by telephone, followed by prompt written notice; in the case of the initiation of any such action or investigation, the Contractor shall give Birch written notice of the action or investigation within seven (7) days after the Contractor learns of same.

The Contractor understands and agrees that this Contract shall terminate automatically and without notice if the Contractor is excluded from participation in a Federal health care program or the New York Medicaid program, or is excluded from eligibility to furnish items or services under the Social Security Act or the New York Medicaid program on a reimbursable basis.