Three different uses inside one increase
Kern County’s proposed $899,456 electronic-health-record amendment is not a single new software purchase. What’s the Scoop With Broach reconciled the October 13 staff explanation with the attached funding terms and found three components: $105,403.92 correcting annual subscription escalation, $744,051.57 in additional committed purchases and $50,000 in contingency capacity.
Those amounts sum to $899,455.49, which the staff request rounds upward to a whole-dollar fiscal impact of $899,456. The correction represents 11.7% of that precise sum, the additional purchases 82.7% and the contingency 5.6%. These are funding commitments and authorized capacity, not proof that the same amounts have already been invoiced or paid.
The proposal is Amendment No. 4 to the CalMHSA agreement for the SmartCare program, which the county originally approved in 2022 for a term ending March 18, 2029. We rechecked its submitted terms and the official agenda on October 17. The clerk page returned HTTP 403; date-specific searches and the county-issued recap did not yield an item-specific vote. The packet carries departmental signatures, but this review did not obtain a final board execution record. The finding concerns the financial rules in the submitted amendment.
The fee correction reaches the subscription base
The amendment says the agreement’s 3% annual subscription increases were calculated incorrectly and adds $105,403.92 in committed funding to correct them. It says annual subscription fees should increase 3% each fiscal year. That is the contract’s explanation for the correction, not an independent audit identifying who made the error, when an invoice was wrong or whether a past underpayment occurred.
The proposal also adds SMARTscribe and SMARTcomply subscriptions for 68 users effective October 1, 2026. The terms describe session-note documentation and automated documentation-compliance review. Monthly invoicing would continue through the remaining agreement term, and each subscription can be canceled with at least 60 days’ written notice while charges during the notice period remain payable.
The staff report assigns $744,051.57 to additional purchases, and the revised exhibit replaces the prior funding schedule. We report that stated program commitment rather than treating the 68-user monthly rates as a complete reconciliation of every change to the multi-year program. The packet does not include the earlier exhibit alongside every revised line, so it does not support attributing the whole amount to one month or one user fee.
Who can spend the remaining capacity
The attached contract puts the maximum program funding at $13,903,211.08 and committed funding at $13,853,211.08. Their difference is exactly $50,000. The staff letter uses a whole-dollar maximum of $13,903,212; the precise contract amount is less than one dollar lower. That rounding difference should not obscure the larger distinction between a ceiling and committed purchases.
The revised fiscal provision permits the behavioral-health department to use unallocated funds inside the maximum for additional program components, modules or implementations, through an order form signed by its director. A change in the maximum still requires supervisors’ approval. Thus the new contingency is delegated purchasing capacity within a cap, rather than authority to increase the cap without returning to the board.
The agreement also says CalMHSA will regularly audit the county’s user count and charge the listed additional-user fees when usage exceeds the exhibit. Those fees remain subject to the maximum. Additional users can consume remaining capacity, so publishing orders and actual user counts would help residents understand how the $50,000 margin is used. The packet itself does not establish that excess users have been billed.
What the software terms do and do not prove
BHRS says the shared county program supports Medi-Cal requirements and ongoing state updates; CalMHSA selected the system vendor through a request for proposals. The additional-product terms require appropriate notices, required informed consents or other ongoing legal bases, and compliance with applicable privacy law. The implementation fee for the two added products is expressly waived.
These provisions are material counterevidence to any claim that the packet contains no spending or privacy controls. They do not establish that implementation has met every obligation. This report’s original contribution is the reconciliation of correction, new commitment and director-controlled headroom, using the actual staff letter and amendment. It is public-contract analysis, with no inspection of patient records, interviews or invented contact attempts.
Sources and further reading
October 13, 2026 Board agenda; staff recommendations, not minutes ↗
Photograph source and attribution: Kirk Frady / U.S. Army ↗
Photograph reuse terms: Public domain (U.S. federal government work) ↗
