To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Contract #23-776-1 with Datix (USA) Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Order Form and Amendment #23-776-1 with Datix (USA) Inc., a corporation, effective April 23, 2024, to amend Agreement #23-776 to extend the termination date from April 23, 2024 to December 31, 2027, for additional policy and incident reporting management, and governance software and services for Contra Costa Health (CCH), and increase the payment limit by $1,330,528, from $179,472 to a new payment limit of $1,510,000.
FISCAL IMPACT:
Approval of this amendment will result in additional contractual service expenditures of up to $1,330,528 over a 3-year period and will be funded 100% by Hospital Enterprise Fund I revenues.
BACKGROUND:
This contract meets the needs of the county by providing a centralized electronic policy and incident reporting management system with governance, risk, and compliance modules, allowing for a comprehensive suite of tools that can capture peer reviews, feedback, incident reporting, maintain risk registers, infection surveillance reports, root cause analyst, complaints and claims through web-based forms and Safety Event Reporting System (SERS) software that meets accreditation regulatory compliance and audit reporting requirements; California, legislative Senate Bill No. 1301 (SB 1301), reporting and inspection requirements existing law provides for the inspection, licensure, and regulation of healthcare (and other) facilities by the Department of Health Care Services (DHCS), require the department to take various actions related to the reporting to or an investigation by, the department of any adverse event, as defined, that occurs, be reported to the department within (5) days of its discovery. The Health Care Quality Improvement Act of 1986 (HCQIA) sets forth certain standards for the professional review process. Datix’s RL6 incident reporting management software allows CCH to manage incident reporting and peer review requirements in compliance with HCQIA. The Converge module allows for Accreditation and Regulatory governance regarding SB 1301 health facilities reporting inspection requirements and PolicyStat, document, and policy management.
Datix has been providing software and support for its RL6, Converge, and or PolicyStat software applications since (at least) 2017. This contractor has been approved by the Public Works Department’s Purchasing Division on February 14, 2024.
On February 26, 2019, the Board of Supervisors approved the issuance of Change Order #1 to Purchase Order #015457, with RadicaLogic Technologies, Inc., (RLDatix), (Datix (USA), Inc’s., predecessor) and the parties executed an Order Form to upgrade the vendors then current version of its incident reporting management software to version RL6, for the period January 1, 2019, through December 31, 2021.
On September 13, 2022, the Board of Supervisors approved the issuance of Purchase Order #026121, with RLDatix, for the provision of its incident reporting management and SERS software and maintenance for the period January 1, 2022, through December 31, 2022.
On May 9, 2023, the Board of Supervisors approved Contract Amendment Agreement #23-776 with Datix (USA) Inc., to implement contractor’s PolicyStat document and policy management product, and amend the Terms of Use Agreement, in part, that following the Initial Term (and the completion of the Minimum Commitment period, if applicable), maintenance service shall renew for successive one-year terms, until terminated, through the period ending April 23, 2024.
Under this Amendment #23-776-1, the parties will execute (1) Amendment #2 to the Terms of Use and (2) an Order Form to increase subscription licensing regarding county’s RL6 subscription, and consolidate the billing of the RL6 Risk, Feedback. PeerReview, RootCause, SafetyHuddles & Add-ons, Converge and PolicyStat product(s) to allow the contractor to continue to provide hosted policy, incident reporting management and SERS software and services through December 31, 2027. RL Solutions’ total cumulative liability for damages under the agreement is limited to the amount of payments actually paid by County to RL Solutions in the twelve (12) calendar months prior to the claim being made; except for indemnification or claims arising out of a breach of the business associate agreement, which are limited to one million dollars ($1,000,000).
Service deliverables include software updates and upgrades. CCH’s Information Systems contract monitoring staff oversee the contract to ensure that the performance measures under are met. The division is requesting a retroactive effective date for this request caused by a delay in competing priorities.
Approval of Amendment #23-776-1 will allow the contractor to continue providing policy and incident reporting management, and governance software and services through December 31, 2027.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, CCH will lose access to this regulatory required policy and incident management system having a negative effect on the quality of patient care and safety.