Administrative
Report
H.15., File # 24-1387 Meeting Date: 8/20/2024
To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY JOY FORD, QUALITY OF LIFE
PROSECUTOR CRISTINE SHIN, SENIOR DEPUTY CITY ATTORNEY
TITLE
APPROVE THE AGREEMENT FOR LEGAL SERVICES WITH MILLER HEALTH LAW GROUP, A
PROFESSIONAL LAW CORPORATION
EXECUTIVE SUMMARY
In the adopted budget for Fiscal Year 2023-2024, the City Council approved Decision Package #43, which requests a City-employed mental health clinician to be funded by grants. On April 9, 2024, the Mayor and City Council approved an agreement with Health Net to accept an award of $1,338,753 for the expansion of the Pallet Shelter as well as for an Alternative Crisis Response (ACR) Pilot Program for people suffering from mental health illnesses.
Staff has been exploring potential mental health service providers such as Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA). However, the shortage of mental health clinicians makes it difficult for such service providers to hire and retain staff. The City Attorney’s Office has tried to contract with the Department of Mental Health (DMH) for a dedicated mental health clinician.
However, DMH is also unable to staff such a position. (The City Attorney’s Office is still working with DMH on potential overtime hours from the Mental Evaluation Team (MET), who already works with the City’s Police Department.) Given the difficulty of contracting with a third party for mental health services, the City is left with the only option of hiring a City Mental Health Clinician.
To address potential liabilities associated with HIPAA violations, California health and welfare code, facility accreditation, and other related risks, the City Attorney's Office recommends retaining a healthcare lawyer from Miller Health Law Group, a Professional Corporation (“Miller Health Law Group”). The attorney will provide legal support to mitigate the City’s liability in employing a mental health clinician, including drafting best practices, conducting a risk assessment, revising the employment agreement, and addressing other related issues.
BACKGROUND
The City’s Enhanced Response to Homelessness Program, approved by the Mayor and City Council in June 2019, aims to address the impact of homelessness on individuals and the community. This program continues to find effective ways to address homelessness. Currently, the City contracts with the Department of Mental Health Mental Evaluation Team (“MET”), shared with three other beach cities. The MET Team only responds to crisis intervention and conducts 5150 evaluations as needed,
H.15., File # 24-1387 Meeting Date: 8/20/2024
cities. The MET Team only responds to crisis intervention and conducts 5150 evaluations as needed, without providing outreach or follow-up services.
A professional clinician possesses the expertise to interact with individuals suffering from mental illnesses and build trust to encourage treatment acceptance. The City-employed Homeless Housing Navigator has effectively assisted in obtaining permanent housing for homeless individuals and responding to resident reports. Similarly, a City-employed Mental Health Clinician will provide mental health support, being more available and responsive to the City and its residents.
To mitigate the liability associated with this employment, the City must retain a healthcare attorney who thoroughly understands complex healthcare regulations and can provide comprehensive legal services. Jeremy N. Miller, founder of Miller Health
Law Group, specializes in counseling healthcare entities on compliance, regulatory matters, and operational issues.
Because healthcare reform continues to introduce new laws, rules, and regulations, the field has become extremely complex and highly regulated. Concurrently, enforcement actions and penalties for even inadvertent violations of these laws have increased significantly. Miller Health Law Group’s Regulatory Compliance practice addresses these challenges by offering services that include compliance with state licensing laws, conducting compliance audits, developing comprehensive compliance plans, and managing HIPAA compliance, including breach handling and OCR audits
COORDINATION
The Agreement has been approved by Miller Health Law Group and the City Attorney’s Office.
FISCAL IMPACT
The Miller Health Law Group’s hourly rate for legal services shall be at a rate of $625 per hour.
Funding for this purpose will be allocated from the City Attorney's Office fiscal year 2024 to 2025 budget.
ATTACHMENTS
1. Agreement for Legal Services with the Miller Health Law Group
2. Miller Health Law Group firm information
3. Jeremy Miller biography