To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Amendment/Extension #23-714-1 with Surescripts, LLC
☒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 an amendment to Contract #23-714 with Surescripts, LLC, a Delaware limited liability company, to increase the contract payment limit to $140,000 and to extend the termination date to June 30, 2027, and for successive (1) year renewal terms thereafter until termination, for secure, electronic prescription data messaging services for Contra Costa Health (CCH).
FISCAL IMPACT:
Approval of this Amendment will result in additional expenditures of up to $140,000 and will be funded as budgeted by the department in FY’s 2024-27, by 100% Hospital Enterprise Fund I (Rate increase).
BACKGROUND:
This Contract meets the needs of CCH by providing information system products or services, some of which allow for a secure e-prescription messaging platform shared amongst health care providers. Under purchase order, on February 9, 2012, CCH entered into a Prescriber Connectivity Agreement (PCA) with Surescripts LLC., to participate in the Surescripts clinical network to access, among other services, Surescripts clinical network services, including prescription routing services, prescription history, and benefits services. On November 1, 2016, Amendment No. 1 was executed to amend the PCA to enable CCH to participate in Surescripts National Record Locator Service. On August 15, 2017, the parties executed Amendment No. 2 to the PCA to add Clinical Direct Messaging (CDM) Service. On October 31, 2019, the parties executed Amendment No. 3 to the PCA to allow CCH to use the Surescripts Real-Time Prescription Benefit service. On September 30, 2020, the parties executed Amendment No. 5 to the PCA to enable CCH to use Surescripts Electronic Prior Authorization service through the Surescripts network, permitting end-users to engage in an electronic prior authorization transaction with a pharmacy benefit manager.
On May 11, 2021, the Board of Supervisors approved Contract #23-714 (a zero-dollar contract) with Surescripts, containing mutual indemnification to hold harmless both parties for any claims arising out of breach, for the provision of its secure messaging platform services for the period April 1, 2021, through March 31, 2024.
CCH has been contracting with this vendor since February 2012 for its services concerning patient medication history, with the record locator and exchange feature affording the ability to identify where patients have received care and locates medical records shared through CareQuality. This national census-based interoperability framework facilitates information exchange amongst health data networks.
This Contractor was approved as a sole source contractor by the Public Works Department’s Purchasing Division on May 14, 2024. CCH will monitor measurable service contract deliverables with outcomes required of the Contractor. CCH’s access to subscribed services (such) as acute service for accessing patient medication history and national record locator services for obtaining provider information, will be monitored by the department in compliance with Section III(B)(7) of the Purchasing Policy. Current service offerings include Medication History Acute, National Record Locator, Clinical Direct Messaging, Real-time Prescription Benefit Service, and Electronic Prior Management Services. This Contract was approved by CCH Personnel to ensure no conflict with labor relations.
On May 11, 2021, the Board of Supervisors approved Contract 23-714 (Amendment #6 to the PCA) with Surescripts, which states that as of May 1, 2021, the County shall pay Surescripts for access to its CDM clinical network services from April 1, 2021, through March 31, 2024. After executing Amendment #6, CCH received invoice credits from SureScripts due to spikes in messaging sent during the COVID-19 pandemic. CCH has been utilizing the credit(s) to offset monthly fees.
Under this Amendment #23-714-1, the parties will append the County’s HIPAA Business Associate Addendum (to the PDA), increase the Contract payment limit from $0 to $140,000, and allow the Contractor to provide its CDM clinical network services through June 30, 2027 (and for successive (1) year renewal terms thereafter until termination). The division is requesting a retroactive date for this Amendment due to delays caused by the negotiations between the parties.
CONSEQUENCE OF NEGATIVE ACTION:
If this Amendment is not approved, CCH will not have access to the Contractor’s secure messaging platform used by CCH for secure, electronic prescription clinical messaging, including the medication history acute service offering allowing for accurate medication history to flow directly into the ambulatory care workflow, potentially jeopardizing patient care.