County, Symmetry Care negotiate short-term extension as state CFAA language fuels liability concerns

Representatives from Symmetry Care and members of Harney County Court spent an extended portion of the June 18 meeting discussing the county’s provider contract for community mental health services and how new state Financial Assistance Grant Agreement (CFAA) language could shift liability and funding responsibility to local governments.

Symmetry Care representatives said they and statewide associations are aligned in opposing the state’s proposed CFAA language but stressed the immediate operational problem: if they do not have an executed contract in place by July 1, the county’s community mental health program could lose its local contractor and jeopardize access to services. “We gotta get something done so that we can continue to operate,” a Symmetry Care representative told the court.

County officials raised multiple concerns with the current draft of the contract and asked for clearer, front-loaded language that explicitly states how authority, signature rights and the CFAA relationship are delegated. Commissioners flagged passages describing the county delegating mental-health-authority duties to the contractor and sections that condition performance on the availability of funds; the court sought explicit assurances and contract language clarifying that the contractor’s acceptance of delegated duties also includes protections for the county.

Key topics discussed: - Delegation and liability: The contract assigns the contractor responsibility to operate the Community Mental Health Program (CMHP) “as if it were the county,” and the parties debated whether that assignment subjects the contractor to county-specific legal obligations, ethics rules and audit responsibilities. The contract text also repeatedly references the CFAA and the county’s continuing statutory responsibility if a provider contract terminates. - Funding and termination clauses: The contract includes termination language for lack of funding and for cause; county counsel and Symmetry Care agreed to revise language for clarity and to consider a time-limited extension option while statewide negotiations over the CFAA continue. - Statewide negotiation context: County officials said Association of Oregon Counties (AOC) and the Association of Community Mental Health Programs have been negotiating with the governor’s office, but Symmetry Care reported limited movement; meeting participants said statewide actors continued to press for amendments but that the governor’s staff had been firm in recent discussions.

Next steps: County attorneys and Symmetry Care agreed to exchange suggested contract edits and to fast-track review so court can approve a short-term extension or revised contract before the end of June. Commissioners signaled willingness to call a special county-court session if a finalized draft is ready for signature; suggested target dates discussed at the meeting included June 25 and June 30.

Ending: Court members emphasized the priority is continuity of care and avoiding a service interruption, even as they continue to press for contract edits that limit county liability and clarify delegation and funding responsibilities.